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Articles 1 - 30 of 67
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Book Review, Melvin M. Roberts
Book Review, Melvin M. Roberts
Cleveland State Law Review
Reviewing Howard L. Oleck, Modern Corporation Law, Vol. 1, Bobbs-Merrill Publishing Company, Inc., 1958
Law Of Manufacturer's Liability, B. Joan Holdridge
Law Of Manufacturer's Liability, B. Joan Holdridge
Cleveland State Law Review
This article discusses the development of the law of manufacturer's liability under theories of negligence and express warranty.
Liability Of Retailer And Wholesaler, William J. Hotes
Liability Of Retailer And Wholesaler, William J. Hotes
Cleveland State Law Review
With the ever-increasing dependence of the consumer on his retailer to supply the consumer's needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied warranty …
Advertising Law And Product Liability, Robert B. Dunsmore
Advertising Law And Product Liability, Robert B. Dunsmore
Cleveland State Law Review
Perhaps a quick look at the advertising industry will better enable us to form an opinion about the real merits of the liability imposed on a manufacturer as a result of representations made in his advertising.
Viewpoint Of The Consumer, Catherine H. Hotes
Viewpoint Of The Consumer, Catherine H. Hotes
Cleveland State Law Review
When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.
Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan
Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan
Cleveland State Law Review
Twenty years of major public health protection have been provided since enactment of the Federal Food, Drug, and Cosmetic Act of 1938. The Food and Drug Administration, a constituent of the United States Department of Health, Education, and Welfare, enforces this Act and thereby carries out the purpose of Congress to insure that foods are safe, pure, and wholesome, and made under sanitary conditions; drugs and therapeutic devices are safe and effective for their intended uses; cosmetics are safe and prepared from appropriate ingredients; and that all of these products are honestly and informatively labeled and packaged. Man and animals …
Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.
Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.
Cleveland State Law Review
This article describes some of the problems of proof encountered in the preparation of a unique product liability case. No single case regarding a defective hand tool was found which presented a standard of conduct by which the plaintiff could claim the defendant was negligent in causing the plaintiff his unfortunate injury-the loss of an eye.
Taxation Of Fringe Benefits Of Employees, Lawrence R. Bloomenthal
Taxation Of Fringe Benefits Of Employees, Lawrence R. Bloomenthal
Cleveland State Law Review
To attract and hold well-qualified personnel, management is finding it increasingly important to offer numerous "fringe benefits." These may include payment of moving costs, country club memberships, providing temporary living expense allowances and even reimbursement for benefits surrendered upon leaving a previous employer. While of chief importance for officers and executive agents, these benefits are also important to all other employees.
Masthead And Table Of Contents, Cleveland-Marshall Law Review
Masthead And Table Of Contents, Cleveland-Marshall Law Review
Cleveland State Law Review
No abstract provided.
Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart
Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart
Cleveland State Law Review
Since the passage of three centuries has seen the explanation for excessive drinking progress from a vice to a disease, it is pertinent to have a brief study of the recent findings about alcoholism in order to compare these newer medical concepts with some of the legal principles on drunkenness which have been long and firmly established in the law.
Medical Aspects Of Chemical Tests For Intoxication, Philip Jones
Medical Aspects Of Chemical Tests For Intoxication, Philip Jones
Cleveland State Law Review
Three chemical tests are most frequently used. These are the estimation of the alcohol content of the (1) blood, (2) urine, and (3) breath. Each of these shows a reasonably accurate estimation of the degree of intoxication provided certain precautions are observed. Unfortunately, under some circumstances the results of these tests may be misleading and be invalid in evidence. In order to appreciate these limitations it is necessary to understand the physiology of the absorption and excretion of alcohol in the body.
Optometrists' Tort Liability, Gerald F. Sweeney
Optometrists' Tort Liability, Gerald F. Sweeney
Cleveland State Law Review
The question "Do you need glasses?" should be answered in the affirmative by many people, nowadays. Most of us, at some time, find it necessary to visit one of the many establishments for the correction of defective vision. When the time does arrive, we are confident that our chosen "professional" will fill our needs adequately, yet, mistakes and oversights occur. What happens when a serious injury occurs as a result of this possibility? This article attempts to answer that question briefly.
Execution Against Co-Tenants Of Real Property, Jewel Hammond Mack
Execution Against Co-Tenants Of Real Property, Jewel Hammond Mack
Cleveland State Law Review
Execution on a judgment debt is the last and most important step in a creditor's successful legal efforts. Execution often is the ultimate procedural objective of the litigant, as well as of the attorney who represents him throughout the entire action for the debt.
Puerto Rico - Tax Haven Or Tax Trap, Marvin I. Kelner, Lloyd J. Fingerhut
Puerto Rico - Tax Haven Or Tax Trap, Marvin I. Kelner, Lloyd J. Fingerhut
Cleveland State Law Review
This article does not encompass the entire subject of foreign taxation but is limited to two specific questions involved therein: 1. Where does a sale take place for purposes of Federal Taxation? 2. If it is determined that the sale takes place partly within and partly without the U. S., how much of the income from such sales is taxable to the U. S.?
Book Review, Lee E. Skeel
Book Review, Lee E. Skeel
Cleveland State Law Review
Reviewing Equal Justice for the Accused, Doubleday and Company, 1959
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Joe H. Cerny, Courtroom Know-How, W. H. Anderson Company, 1958
Book Review, Leonard Lane
Book Review, Leonard Lane
Cleveland State Law Review
Reviewing Louis Loss and Edward M. Cowett, Blue Sky Law, Little, Brown & Co., 1958
Editors' Preamble, Cleveland-Marshall Law Review
Editors' Preamble, Cleveland-Marshall Law Review
Cleveland State Law Review
Current problems in the law applicable to hospitals, and closely collateral matters, are treated in this Symposium--chiefly in the light of recent trends towards abolition of the legal immunity of voluntary hospitals from liability for the torts of their agents. Emphasis has been placed on some problems not often discussed in legal literature.
Tort Liability Of Hospitals, B. Joan Holdridge
Tort Liability Of Hospitals, B. Joan Holdridge
Cleveland State Law Review
In recent years, hospitals have undergone changes both in their financial and physical structures. These changes have resulted in a general alteration of the attitude of the courts toward the liability of hospitals for their torts. From a position of almost total immunity the pendulum is rapidly swinging toward liability generally for their negligence. Since most jurisdictions classify hospitals into three types: private, charitable, and public, when determining their liability or particular acts, this article will discuss each of these classes separately. However, for the sake of convenience, the general rules of liability will be set forth in the discussion …
Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack
Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack
Cleveland State Law Review
The issue is clear: Do the hospitals exist primarily as corporations (business entities), of primary concern only as "private preserves" governed solely as their administrators wish?Or do the hospitals exist primarily as facilities for medical aid to the public; as instrumentalities for physicians to use in aiding the public? Put otherwise, the issue is: Do doctors exist for the convenience of hospitals, or hospitals for the convenience of doctors? Should public interests or hospital management interests come first?The answers are obvious. The law as it is now is contrary to the public's interests.
Physician-Patient Privilege In Ohio, Naoma Lee Stewart
Physician-Patient Privilege In Ohio, Naoma Lee Stewart
Cleveland State Law Review
Throughout its history the physician-patient privilege has been the subject of controversial discussion, and in recent years these discussions have been dominated by voices of bitter disapproval and severe criticism. Judges, lawyers, textwriters, and teachers have denounced the privilege by characterizing it as everything from a "monumental hoax" to a "clever legerdemain loaned by the law to the parties to suppress the truth." Critics maintain that in the majority of reported cases the patient invoked the privilege, not to protect his privacy or to prevent the disclosure of humiliating personal facts (supposedly the purpose for the creation of the privilege), …
Exculpatory Clauses In Leases, Margaret Mazza
Exculpatory Clauses In Leases, Margaret Mazza
Cleveland State Law Review
Exculpatory clauses in leases are used in order to free the lessor from liability for his future acts of negligence. For the purpose of this article we will assume that there was a legal duty resting upon the party asserting the clause as a defense. The validity of such a provision then requires a choice between two conflicting policies: (1) a person should be liable for the negligent breach of his duty; (2) a person should have the right to contract freely. The common law developed the rights and duties of the parties in certain relations and determined that damages …
Perils In Ohio Civil Procedure, William K. Gardner
Perils In Ohio Civil Procedure, William K. Gardner
Cleveland State Law Review
Civil procedure has been much improved and greatly simplified as compared with by-gone days. However, just as in any profession, trade or athletic game, there are certain rules to be followed, and the cautious lawyer, if he is not familiar with all the rules, should examine the appropriate statutes and decisions before he attempts to commence any action or to perfect an appeal. There are a number of pitfalls, even under code practice, of which many lawyers have learned to their regret. A few of them will be pointed out in this article.
Interstate Enforcement Of Arbitration Awards And Judgments, A. M. Stanger
Interstate Enforcement Of Arbitration Awards And Judgments, A. M. Stanger
Cleveland State Law Review
In Arbitration, if completed, results in an award. That award must be enforced. In order to do so, it is necessary to enter judgment with respect thereto. The first problem is the acquisition of personal jurisdiction over the defendant for this purpose, in the event that it has not already been acquired previously in connection with proceedings to compel arbitration. The subject of acquiring jurisdiction will not be dealt with in this note because it does not differ too much from the general problems of acquiring jurisdiction in personam with respect to proceedings to compel jurisdiction. We shall therefore be …
Parental Delinquency, E. F. Samore
Parental Delinquency, E. F. Samore
Cleveland State Law Review
Juvenile delinquency is a widely discussed subject. Every segment of our society has its experts on the subject, and every expert has a solution. Yet the problems not only increase, but become more and more complex in all strata of our society. The problems have become so commonplace that our society seems to be accepting them as a normal necessary evil about which little can be done. As a prosecutor or as defense counsel, I have never yet met any parents who willingly admitted fault in these problems. They insist that they have been good parents and that the fault …
Book Review, Irwin N. Perr
Book Review, Irwin N. Perr
Cleveland State Law Review
Reviewing Richard W. Nice, Crime and Insanity, Philosophical Library, 1958
Book Review, Donald F. Harrington
Book Review, Donald F. Harrington
Cleveland State Law Review
Reviewing Association of the Bar of the City of New York, Freedom to Travel, Dodd, Mead & Company, 1958
Book Review, Anthony R. Fiorette
Book Review, Anthony R. Fiorette
Cleveland State Law Review
Reviewing Vern Countryman, Douglas of the Supreme Court, A Selection of His Opinions, Doubleday & Company, Inc., 1959
Food Additives Law And Practice, Milton Oppenheim
Food Additives Law And Practice, Milton Oppenheim
Cleveland State Law Review
A decision of the United States Supreme Court on Dec. 15, 1958, interpreting the Federal Food Drug & Cosmetic Act, has focused attention on the use of coloring and other materials in foods, drugs and cosmetics. This requires a complex study of the effects of the various food additives, contaminants and chemicals upon the individual, whether intentionally added or accidently produced, in foods, drugs and cosmetics. Evaluation of the tremendous group of food additives can best be approached in the light of the benefits intended by the manufacturer or grower using them.
Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri
Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri
Cleveland State Law Review
Automobile guest statutes, like so many other new things that are a part of our daily life, were first approached with caution akin to apprehension, by both courts and lawyers. They were not quickly assimilated into the law. But today most of the ramifications of these statutes have been explored. Definite rules and standards have begun to take definite shape. The chief tests and criteria enunciated by the Ohio cases are generally valid anywhere.