Articles

Derolph v. State: Who Really won Ohio s School Funding Battle?

I. Introduction . II. History of Court Decisions Leading to Derolph II. A. State v. DeRolph (Round I). 1. The school foundation program. 2. Forced borrowing and the emergency school assistance loan. 3. Classroom facilities act. 4. Holding: Ohio's school funding is not thorough and efficient. 5. DeRolph I - concurring opinions. 6. DeRolph I - dissenting opinion. B. The General Assembly's Response to DeRolph I. 1. School facility assistance. 2. State basic aid - the Augenblick formula. 3. Fisca...

Self-Regulation and League Rules Under the Sherman Act

I. Introduction . II. Background . A. The Sherman Act. 1. History. 2. Section One of the Sherman Act. 3. Per Se Rule. 4. Rule of Reason. 5. The "Quick Look" Approach. B. The Doctrine of Single Entity as a First Line of Defense. C. Exemptions from the Sherman Act. 1. The Baseball Exemption. 2. The Labor Exemption. D. The Sherman Act in Sports Outside of Baseball. III. Judicial Interpretation of "Concerted Action". IV. Industry Self-Regulation . A. Early Treatment of Self-Regulation. B. Silver ...

The Decline of Due Process in Capital Sentencing: Ramdass v. Angelone

I. Introduction . II. Background . III. Discussion . A. The Facts. B. The History. V. Significance . VII. Conclusion .

The Uniform Trust Code (2000) and its Application to Ohio

I. Introduction . II. Related Uniform Acts . III. Restatement of Trusts . IV. Scope of Coverage . V. Overview of Provisions . VI. Study Process . A. Prepare State Law Study. B. Decide on Drafting Model. C. Decide What to do About Optional Provisions. D. Decide What to do About "Fiduciary" Statutes. E. Identify Other Policy and Political Issues. VII. Significant Issues . A. Default Rules (Section 105) B. Principal Place of Administration (Section 108). C. Rules of Construction (Section 112...

Workplace Investigations in Ohio

I. Introduction II. Causes of Action. A. False Imprisonment. 1. Intentional confinement. 2. Against plaintiff's consent. 3. Lack of lawful privileges. 4. Summary and observations. B. Assault and Battery . 1. Willful threat or attempt to harm or touch offensively. 2. Reasonable apprehension of immediate harmful or offensive contact. 3. Present ability to inflict harm . 4. Employer liability . 5. Summary and observations. C. Defamation. 1. A false and defamatory statement . 2. Statement concer...