Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (55)
- Torts (14)
- Legal Ethics and Professional Responsibility (7)
- Criminal Law (5)
- Health Law and Policy (5)
-
- Education Law (4)
- Business Organizations Law (3)
- Labor and Employment Law (3)
- Civil Procedure (2)
- Constitutional Law (2)
- Criminal Procedure (2)
- Environmental Law (2)
- First Amendment (2)
- Insurance Law (2)
- Legal Writing and Research (2)
- Property Law and Real Estate (2)
- Securities Law (2)
- Antitrust and Trade Regulation (1)
- Civil Rights and Discrimination (1)
- Common Law (1)
- Courts (1)
- Family Law (1)
- Jurisdiction (1)
- Juvenile Law (1)
- Land Use Law (1)
- Legislation (1)
- Marketing Law (1)
- Social Welfare Law (1)
- State and Local Government Law (1)
- Keyword
-
- Constitutional law (6)
- Legal ethics (6)
- Tort law (6)
- Health law (3)
- Legal malpractice (3)
-
- Arbitration (2)
- Civil procedure (2)
- Education law (2)
- Employment law (2)
- Legal profession (2)
- Medical malpractice (2)
- Non-profit organizations (2)
- Property law (2)
- Securities and Exchange Commission (2)
- "the short tender rule" (1)
- Abrogated (1)
- Adoption (1)
- Adoption laws (1)
- Advertising (1)
- Antitrust laws (1)
- Banishment (1)
- Compensatory damages (1)
- Contingent fee (1)
- Continuance policy (1)
- Contributory negligence (1)
- Court decision (1)
- Criminal law (1)
- Criminal procedure (1)
- Damages (1)
- Drug dependency (1)
Articles 1 - 30 of 61
Full-Text Articles in Entire DC Network
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Cleveland State Law Review
Increasingly over the past decade, persons charged with violations of "unconstitutional" federal or state statutes have sought to obtain equitable relief in the federal courts. Most often, the relief sought has been in the form of an injunction restraining the government from prosecuting or threatening to prosecute under the allegedly invalid statute. Declaratory relief (that the statute is, in fact, unconstitutional) has often been sought as an additional or alternative remedy.
Suability Of School Boards And School Board Members, Anne S. Mcfarland
Suability Of School Boards And School Board Members, Anne S. Mcfarland
Cleveland State Law Review
In the past three years, suits under 42 United States Code §1983 against school boards and school board members have burgeoned. Suits have been brought by teachers involved in union activity, by teachers who allege nonrenewal of contracts due to racial discrimination, by pupils who challenge hair and dress regulations, by unwed mothers who seek readmission to school, and by militant students who claim the right to practice-teach
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Cleveland State Law Review
A few years ago medical malpractice suits were something of a rarity in the United States. They now appear to be a major national problem. The magnitude of this ever increasing problem can be illustrated by the fact that a Senate subcommittee, chaired by Sen. Abraham Ribicoff, has investigated the increase in malpractice litigation and that President Nixon has ordered the establishment of a Commission on Medical Malpractice, under the Department of Health, Education and Welfare, to research the problem and report a possible solution by March 1, 1972.
Damages For Wrongful Birth, Joyce E. Barrett
Damages For Wrongful Birth, Joyce E. Barrett
Cleveland State Law Review
While recovery of damages for wrongful death was sanctioned in England as early as 1846 and is now available by statute in every state, the law has been loathe to afford a remedy for wrongful birth. Plaintiffs who have attempted to cope with the problem of people- pollution by various birth control methods, only to have their ecolog- ical efforts stymied by the negligence of a physician performing a sterilization operation or a pharmacist dispensing birth control pills, have been denied a remedy for what, in this writer's view, is the "wrongful birth" of the resulting child. This paper will …
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Cleveland State Law Review
This article will not concern itself, per se, with the recently much written about subject of medical professional liability. "The concept of professional liability should never be equated with the concept of incompetence", for the former is a malperformance at a given time, whereas the latter is the lack of ability to perform at all. Those illnesses, whereby a physician is rendered incompetent, that will be treated in the following text with particular attention, are senility, drug addiction, and alcoholism. Once establishing the scope of the problem, a brief examination of the disciplinary measures available within the profession and their …
Contributory Negligence In Medical Malpractice, Diane Shelby
Contributory Negligence In Medical Malpractice, Diane Shelby
Cleveland State Law Review
The best and most complete defense to a charge of malpractice is the allegation and proof of the absence of negligence. It is also the most often used defense. Of the less popular defenses, contributory negligence on the part of the patient is probably the least attractive and the most difficult to maintain, even though it has been held to be a complete bar to recovery in several cases difficult to categorize.
Prison Disciplinary Procedures: Creating Rules, Jonathan Brant
Prison Disciplinary Procedures: Creating Rules, Jonathan Brant
Cleveland State Law Review
In addition to a lack of interest by the courts, prison officials received little direction from state legislatures. The general statutory provisions grant board powers to a designated member of the executive branch with no apparent restrictions on exercise of that power. The rules developed by prison officials have often been themselves worded vaguely giving inmates little idea of conduct which is expected of them.
Banishment From The Kingdom Of Lake (County), Nelson G. Karl
Banishment From The Kingdom Of Lake (County), Nelson G. Karl
Cleveland State Law Review
On the 19th day of May, 1971, the Supreme Court of Ohio denied habeas corpus relief to Michael Edsall, a fourteen year old boy who had been banished from Lake County, Ohio. In denying habeas corpus relief to Mike Edsall, the Ohio Supreme Court concluded that the Juvenile Court had jurisdiction over both the person of Mike Edsall and the subject matter, and that an appeal from the decision would have been the appropriate means by which the order of the Juvenile Court could be reviewed. But in so doing, the Supreme Court avoided dealing with the substantive issue of …
Nonprofit Unincorporated Associations, Howard L. Oleck
Nonprofit Unincorporated Associations, Howard L. Oleck
Cleveland State Law Review
Western civilization has been (and is) characterized by voluntary associations of people, from the earliest warrior bands and "churches" to towns and universities and guilds, etc. Corporations, as vehicles for such associations, did not exist until relatively recently, and associations were (and very many still are) unincorporated. Unincorporated associations as a form of organization have been losing ground to the corporation, but are far from obsolete
Serrano: Its Progeny And Its Prophecy, James T. Flaherty
Serrano: Its Progeny And Its Prophecy, James T. Flaherty
Cleveland State Law Review
No court decision since the Brown' decrees of 1954 have had such a devastating effect on the educational status quo as has the California STATE AID PROPERTY Tax decision of Serran and its progeny. Here, the California Supreme Court declared that unequal financing of public schools, based primarily on the local property tax, is a violation of the equal protection clause in that it "invidiously discriminates" against the poor.
Legal Nature Of Parliamentary Procedure, John Waldeck
Legal Nature Of Parliamentary Procedure, John Waldeck
Cleveland State Law Review
Parliamentary procedure is law. Its origins are found in the English and American legislatures and it was adopted by the nonlegislative assemblies in this country for ordering the conduct of meetings and the making of decisions. ...The law has been projected into parts of parliamentary procedure by case and code law but it has been ignored in the broad field. Most laymen have conversely ignored the law and proceeded to write and publish with no regard to the legal aspects. It is in this area, between the lawyers and the laymen, that a blind spot has developed in the law. …
Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus
Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus
Cleveland State Law Review
Several states have minimum fee schedules that set the least amount of compensation a lawyer should charge for a specific legal service. There has been much confusion in bar associations across the country as to the application of minimum fee schedules and the consequences of non-compliance. The American Bar Association has published both formal and informal opinions in an attempt to clearly define the functions of the schedules. In view of the opinions, interviews and statistical studies on the subject of minimum fee schedules, it is apparent that they are too rigid to cope with the practical needs of the …
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Cleveland State Law Review
New methods must be devised to increase the efficient use of the available supply of physicians. "Among the innovations being tried with physicians is the development of new disciplines involving assistants to physicians." Increasing utilization of returning medics from the armed forces is being undertaken to help relieve the civilian manpower shortage. The legal implications of these developments range from problems of licensure to considerations of vicarious liability for an assistant's negligence (malpractice) or for the negligence of the assistant's supervising physician. It is with a species of this latter problem that this paper will be concerned. But one ought …
Book Review, Beverly H. Briggs
Education In Professional Responsibility, David B. Goshien
Education In Professional Responsibility, David B. Goshien
Cleveland State Law Review
The problems, indeed the inadequacy of present legal education in ethics and professional responsibility are well known. The traditional methods of preparing law students for the avoidance of ethical and even criminal complaints against them in their future practice of law have been, in the main, divisible into two general categories: the "pervasive" method, through which understanding is supposed to be gained by students as if by osmosis through all courses and general law school contract, and the "specific" method which offers a course in the subject. Both methods are commonly used but neither seems to have achieved an acceptable …
Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith
Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith
Cleveland State Law Review
The conflicting interests dealt with by arbitration cases summarized in this paper involve management's right to direct an employee's behavior and the employee's right to retain control over his behavior. Many arbitrators attempt to balance these interests on the theory that (1) an individual's rights are modified to some extent when he voluntarily accepts those responsibilities which accompany his entering an employee relationship; and (2) a contractual right to discharge for just cause, does not equip the employer with an absolute right to direct the employee to do or not to do anything which the employer feels would promote the …
Electric Transmission Lines And The Environment, Alan P. Buchmann
Electric Transmission Lines And The Environment, Alan P. Buchmann
Cleveland State Law Review
One of the significant outgrowths of the current interest in "environmental" questions is the increasing prominence of aesthetics qua aesthetics as a subject for judicial and administrative concern. A major area of litigation, and one which has by its very nature lent itself to an analysis of the significance, and viability, of purely "aesthetic" issues, has involved high voltage transmission lines.
Book Review, Donald W. Pritchard
Book Review, Donald W. Pritchard
Cleveland State Law Review
The author reviews The Nominalistic Principle by Eliyahu Hirschberg, which examines changes in the value of money caused by inflation, deflation, devaluation, and revaluation.
Adoption Laws Of Ohio: A Critical And Comparative Study, William K. Yost
Adoption Laws Of Ohio: A Critical And Comparative Study, William K. Yost
Cleveland State Law Review
Adoption has been defined as "The act by which the relations of paternity and affiliation are recognized as legally existing between persons not so related."' However, the result of adoption is the creation of a status, that of parent and child, and not of a contractual obligation. In this respect it is similar to marriage. A study of adoption perforce requires an examination of the practice and the law involved in the placement of children for adoption, the termination of the rights and obligation of the natural parents, the procedures of adoption in the courts and the legal effect of …
Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman
Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman
Cleveland State Law Review
The maxim "Justice delayed is justice denied" is an expression which is becoming all too meaningful in our courts today. Many of the large metropolitan courts in this country are being strangled by the ever-increasing backlog of cases. ...In most court systems, continuance policies are either non-existent or couched in vague terms such as "good cause shown.' It is the aim of this study to formulate guidelines for a sound continuance policy which will serve to speed the administration of justice without interfering with the high standard of judicial fairness necessary to proper adjudication.
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Cleveland State Law Review
This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Cleveland State Law Review
The scenario is commonplace: Plaintiff causes summons to be served on the defendant. The defendant believes the summons is fatally defective, or the service is faulty, or that, for some reason or another, the court in which the action is brought cannot lawfully obtain jurisdiction over his person. Accordingly, he files a motion to quash and set aside the summons, or a motion to dismiss for want of in personam jurisdiction. As so frequently happens, the court does not quite see the wisdom of defendant's position, and overrules the motion. Usually, the court's journal entry will note that the defendant's …
Rehabilitation Of Drug-Dependent Persons, Paul A. Lichtman
Rehabilitation Of Drug-Dependent Persons, Paul A. Lichtman
Cleveland State Law Review
In today's fast-paced society, we are the witnesses of a very unusual phenomenon. People are consuming drugs at a rate never before realized. Stimulant drugs are being taken to keep the individual going during the day. Depressant drugs are being ingested to help the individual bury his anxieties. Drugs have been developed for practically every form of illness, whether organic or psychological. The majority of people who do use the various kinds of legend drugs do so legally, under a physician's supervision. There is am growing minority, however, who abuse drugs to the extent that these individuals become what is …
Book Review, Suzanne M. Spitz
Book Review, Suzanne M. Spitz
Cleveland State Law Review
This review presents an overview of The Lawyer, the Public, and Professional Responsibility by F. Raymond Marks. The book notes that the relationship between public interest and the legal profession is somewhat troubled and suggests that public interest firms may be used to make it so that the two work together more seamlessly towards mutual goals.
Motives Of Non-Profit Organizations And The Antitrust Laws, Frank J. Nawalanic
Motives Of Non-Profit Organizations And The Antitrust Laws, Frank J. Nawalanic
Cleveland State Law Review
Non-profit status has traditionally been delegated and regulated by state law. It is becoming increasingly clear that state law is expanding the types of organization allowed non-profit status, thus inviting more abuses of the status to exist. This is exemplified by New York's "Not-For-Profit Corporation Law" and recent indications by Pennsylvania and California legislators of their contemplation of enacting similar statutes. It is with this understanding that the applicability of the antitrust laws to non-profit corporations will be considered.
Non-Profit Corporations' Names, Sheila M. Kahoe
Non-Profit Corporations' Names, Sheila M. Kahoe
Cleveland State Law Review
A non-profit organization , like its counterpart, the profit-seeking corporation, must have a name if it is to exist as a legal entity. Most states impose statutory restrictions on the selection of a name, with little or no distinction between the rules governing the business corporation and the non-profit corporation. For example, in Ohio the two sections of the Revised Code relating to corporate names are virtually identical. The Ohio statute serves to illustrate the policy reasons for the state's policing of the selection of a corporate name. Two important considerations are set forth in the statute: first, that the …
Visitors' Refusal To Leave Premises, Joseph Gibson
Visitors' Refusal To Leave Premises, Joseph Gibson
Cleveland State Law Review
Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Cleveland State Law Review
In almost all jurisdictions the statute of limitations for the malpractice of an attorney is between one and three years. Although some argue that this is too short a period, the main problem is not in the statute but in its application. Difficulty arises when a court must decide at what point the statute of limitations begins to run. To appreciate a court's problem, the nature and reasons behind statutes of limitations must be understood
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Cleveland State Law Review
When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …