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Articles 31 - 60 of 61
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Speedy Trial - No Mere Ceremonial, Robert B. Henn
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Cleveland State Law Review
In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …
Book Review, Everett A. Chandler
Book Review, Everett A. Chandler
Cleveland State Law Review
The author reviews Education in the Professional Responsibilities of the Lawyer by Donald T. Weckstein. He especially highlights the different teaching methods the text suggests to use to instruct law students on the topic of professional responsibility, such as the traditional and pervasive methods.
Nonprofit Corporations - A Survey Of Recent Cases, Lizabeth A. Moody
Nonprofit Corporations - A Survey Of Recent Cases, Lizabeth A. Moody
Cleveland State Law Review
The relatively few persons who write or teach in the field of nonprofit organizations are chronic complainers about the lack of case law in the area. The sparseness of authority leaves practitioners without adequate guidelines with which to advise clients, and leaves academicians without visible trends on which to develop theories.
Subcontracting Arbitration: How The Issues Are Decided, Edwin H. Jacobs
Subcontracting Arbitration: How The Issues Are Decided, Edwin H. Jacobs
Cleveland State Law Review
The purpose of this paper is to determine what, if any, particular criteria are currently being used by arbitrators in deciding subcontracting controversies involving labor and management where a contract exists between the parties. The failure of traditional standards in the evaluation of subcontracting controversies has long been evident. The view here taken opposes those standards and indicates that there is a soundly based and readily analyzed common factor, available as a basis for the determination of these disputes.
Mid-1972 News Of Legal Writers, Ralph D. Churchill
Mid-1972 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Cleveland State Law Review is the periodical selected as the ;official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking particularly to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and the Bar.
Masthead, Cleveland State Law Review
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Cleveland State Law Review
The decision thus promulgates three principal rulings: (1) that sovereign immunity does not provide a bar to bringing an action against the State of Ohio, (2) that the state is liable by virtue of the doctrine of respondeat superior for the authorized activities of its officers, employees and other agents, and (3) that freedom of individual agents from civil liability arising out of authorized activities for the state is retained. The effects of these rulings are far from obvious, in large part because of the confused prior state of the law upon which they are engrafted. Furthermore, the grounds given …
Occupational Safety And Health Act Of 1970, Lee Hornberger
Occupational Safety And Health Act Of 1970, Lee Hornberger
Cleveland State Law Review
More than fourteen thousand workers died as a result of occupationally related accidents in 1970. This is more than died in Vietnam during the same period. During the 1960's, more than 150,000 Americans died under similar conditions. This was in spite of occupational safety and health legislation in most of the states. Federal safety legislation in limited areas had failed to stem the fatal tide in even those limited areas. It had become apparent that unless a new comprehensive approach was used the worksite would become even more deadly than the battlefield. The Occupational Safety and Health Act of 1970 …
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Cleveland State Law Review
The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect
Qui Tam Actions For Citizen Enforcement Of The Refuse Act Of 1899 Against Polluters, J. S. Ott
Qui Tam Actions For Citizen Enforcement Of The Refuse Act Of 1899 Against Polluters, J. S. Ott
Cleveland State Law Review
It may be possible for private citizens to enforce the Refuse Act of 1899 when prosecutors refuse to act. This is possible, proponents suggest, by applying the ancient theory of qui tam to criminal sanctions in the Refuse Act. So far, the scheme has met with no reported judicial approval. ...The court again recognized in 1943 that "qui tam suits have been frequently permitted by legislative action . . . ."" A number of Federal statutes authorize qui tam action by the common informer.12 As late as 1970, the Hudson River Fisherman's Association was granted $2,000, under the 1899 Rivers …
Book Review, Francis L. Bremson
Book Review, Francis L. Bremson
Cleveland State Law Review
This review gives an overview of Sanctions for Evil by Nevitt Sanford, Craig Comstock, and Associates. The book aims to determine the causes of "social destruction," which is societal harm that is socially sanctioned.
Book Review, Ann Aldrich
Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman
Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman
Cleveland State Law Review
The inadequate avenues of direct relief available to those groups that have been discriminated against have been a cause of frustration and a source of alienation leading in certain instances to violence. The inability of our legal system to assure equal job opportunity has contravened the very essence of the thirteenth amendment of the United States Constitution prohibiting slavery.
Masthead, Cleveland State Law Review
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Cleveland State Law Review
Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.
Information Science Techniques For Legal Searching, Deborah C. Goshien
Information Science Techniques For Legal Searching, Deborah C. Goshien
Cleveland State Law Review
Information scientific methods can be combined with current legal searching techniques to improve the usefulness and cost-effectiveness of computerized legal research. By combining methods from several disciplines, the lawyer-user may be enabled to locate relevant material that might be missed in either a manual or a straight word-byword computer search.
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Cleveland State Law Review
Due to the nature of his profession, the practicing lawyer is invariably confronted with significant financial risks. Because of the growing number of claims for professional negligence, coupled with the fact that the monetary risk of claims is largely unmeasurable, a constantly increasing proportion of lawyers is considering the feasibility of professional liability insurance protection. This type of insurance offers not only financial security, but also a means for the advantageous and efficient settlement of just claims without damaging notoriety.
Billboard Regulations, And Aesthetics, Richard Sutton
Billboard Regulations, And Aesthetics, Richard Sutton
Cleveland State Law Review
The regulation of outdoor advertising has prompted a surprisingly prodigious amount of controversy and litigation. It has been challenged as a denial of free speech, due process, and equal protection; it has been upheld on nuisance4 and real property grounds, and sustained on the basis of public health, safety, morality, comfort and convenience, aesthetics, and the right to be let alone."
Book Review, Robert A. Richardson
Book Review, Robert A. Richardson
Cleveland State Law Review
The author gives a brief summary of The Profession of Law by L. Ray Patterson and Elliott E. Cheatham.
Book Review, Charles G. Sabo
Book Review, Charles G. Sabo
Cleveland State Law Review
This entry analyzes the text What to Do with your Bad Car: An Action Manual for Lemon Owners by Ralph Nader, Lowell Dodge, and Ralf Hotchkiss.
Judicial Review Of Sec Rule 14a-8: No Action Decisions, Andrew A. Markus
Judicial Review Of Sec Rule 14a-8: No Action Decisions, Andrew A. Markus
Cleveland State Law Review
A recent decision of the United States Court of Appeals for the District of Columbia has focused attention on the dissident stockholders' right to have the courts review the Securities and Exchange Commission's informal acquiescence to management's refusal to include in its proxy statement a proposal of the dissidents. The controversy centers around proxy regulation 14a-82 promulgated pursuant to section 14 of the Securities and Exchange Act of 1934.
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Short Tendering Rule In The Sale Of Securities, Larry A. Oday
Short Tendering Rule In The Sale Of Securities, Larry A. Oday
Cleveland State Law Review
Rule 10b-4 of The Securities and Exchange Commission, also known as "the short tendering rule," might be described as one of the best kept secrets in securities regulation. Although it has been in effect for more than three years, very few attorneys or brokers know anything about it or have even heard of it.
Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano
Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano
Cleveland State Law Review
It is not often that a legislative event and a happenstance of life converge almost simultaneously upon a specific and narrow issue of law. This is precisely what occurred in Ohio in the latter part of 1970. In that year, the legislature amended the Ohio Uninsured Motorist Statute to declare, in effect, that a vehicle would be considered "uninsured" when the company insuring that vehicle for some reason became financially insolvent. The amendment became effective October 1, 1970. That same year the legislature enacted legislation to provide a fund from which claims could be paid in the eventuality that an …
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Cleveland State Law Review
It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Cleveland State Law Review
The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …
Book Review, Salvatore J. Lopresti
Book Review, Salvatore J. Lopresti
Cleveland State Law Review
This entry focuses on the text Law and the School Superintendent. The book offers examples for lay readers of how to deal with issues like collective bargaining, discrimination, and free speech in schools.
A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne
A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne
Cleveland State Law Review
No fair observer could deny that there are glaring flaws in our system of criminal justice. The mention of only a few will suffice to illustrate the point: The police are insensitive to civil rights, and brutal to the poor and to minorities; prosecutors victimize the defenseless who are unable to obtain adequate counsel to protect their rights. And all this is done in the name of law and order. Only the brutalized members of minorities-both racial, ethnic, and financial-are more aware of these injustices than are today's law students. These students rightly burn with a combination of indignation at …
Front Matter, Cleveland State Law Review
Front Matter, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.