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Forensic Psychiatry In Switzerland, Anton Harder Jan 1960

Forensic Psychiatry In Switzerland, Anton Harder

Cleveland State Law Review

Forensic Psychiatry, like political, legal, esthetic, and oftentimes, religious practices, is part of the selfrealizationof a nation. In this way, different countries arrived at different and varying solutions to social problems. Although Switzerland is a small state (5.27 million people per 41,300 square kilometers) in the heart of Europe, she, nevertheless has succeeded in going her own way in Forensic Psychiatry.


Legal Medicine And Psychiatry In Turkey, Fahrettin Kerim Gokay Jan 1960

Legal Medicine And Psychiatry In Turkey, Fahrettin Kerim Gokay

Cleveland State Law Review

The utilization of psychiatrists in the handling of legal matters in Turkey began with the reformation in 1908 when "The Legal Medicine Institute" and "The Legal Medicine Council" were founded. The Faculty of Medicine at the University of Istanbul created professorial chairs in psychiatry and legal medicine.


Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah Jan 1960

Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah

Cleveland State Law Review

In the annals of the spread of the common law to other lands and other ways, Malaya may deserve a modest place, but, as the selection here no doubt shows, so far it has made no significant contribution to the intellectual content of that law. It has neither produced nor harboured a Cardozo or a Dixon. At best, its judges have applied common law principles simply but soundly; they have never, at least in tort, been subtle or illuminating. Its legal history is of interest for its own sake; its legal achievement awaits us in the future, not in the …


Sound Recording Devices Used As Evidence, Peter P. Roper Jan 1960

Sound Recording Devices Used As Evidence, Peter P. Roper

Cleveland State Law Review

Recordings have been offered in evidence in a wide variety of cases, including an attempted bribery of a draft board official, treasonous radio broadcasts, conspiracy to obstruct justice in a federal narcotics case, illegal short-wave radio transmissions aiding the illegal entry of Mexican nationals, disturbance to a motel by barking dogs in an adjoining pet hospital, and noises made by trains, planes, and a cement factory. Use by attorneys is virtually limitless, including the recording of discussions with clients, of library research, of depositions, and of wills.


Negligent Management Of Corporations, Raymond C. Loyer Jan 1960

Negligent Management Of Corporations, Raymond C. Loyer

Cleveland State Law Review

The subject of negligent management of corporations is a broad field for one article. Yet, in one article many facets of corporation management can be brought together in one place. A review of the literature reveals that specific matters which relate to negligent management can be found in many widely separated sections of reference works, and piecemeal in separate articles.


Book Review, Stanley E. Harper Jr. Jan 1960

Book Review, Stanley E. Harper Jr.

Cleveland State Law Review

Reviewing The Law Schools Look Ahead, 1959 Conference on Legal Education, University of Michigan Law School, 1959


Masthead And Table Of Contents, Cleveland-Marshall Law Review Jan 1960

Masthead And Table Of Contents, Cleveland-Marshall Law Review

Cleveland State Law Review

No abstract provided.


Introduction, Jerome F. Kramer, Robert A. Sturges Jan 1960

Introduction, Jerome F. Kramer, Robert A. Sturges

Cleveland State Law Review

No abstract provided.


Statutory Protection Of Intellectual Property Rights, Richard G. Smith Jan 1960

Statutory Protection Of Intellectual Property Rights, Richard G. Smith

Cleveland State Law Review

As intellectual property is an intangible, its identification and protection under legal process provides peculiar problems. Presently, intellectual property is protected primarily by statutory provisions, as the methods provided by common law have inherent frailty. For exemplary purposes, this exposition will be concerned solely with the problems arising from the domain of invention and discovery and the application of the provisions of the patent laws.


Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum Jan 1960

Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum

Cleveland State Law Review

Organized research and planned invention by highly trained specialists are now fundamental parts of the American scene. Invention-to-order has become "big business" with all of its ramifications. The purpose of this article is to analyze some of the legal problems associated with inventions and patents that come into being as a result of scientific research.


Protection Of Patents And Trademarks Abroad, Norman St. Landau Jan 1960

Protection Of Patents And Trademarks Abroad, Norman St. Landau

Cleveland State Law Review

This article is intended to point out succinctly some of the problems that the United States practitioner not versed in foreign practice may have to consider. Specific laws and specific manuals involving practice in various countries abroad, as well as many articles, have been presented frequently by others. There are, however, a number of points in connection with protection of industrial property abroad which cannot be overemphasized, but which we try to outline briefly.


Engineering Patent Agreements, Donald F. Harrington Jan 1960

Engineering Patent Agreements, Donald F. Harrington

Cleveland State Law Review

An analysis of recent cases indicates that no major changes have taken place in the interpretation of patent law since the earlier decisions. The underlying philosophy of the courts seems to be that an employer has an almost absolute right in the inventions of its employees if it is in the scope of their employment,if they are hired to invent, or if an express assignment agreement for future inventions exists. In most of the other cases outside this area, the great majority of the courts have at least held that the employer was entitled to the shop right. There has …


Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal Jan 1960

Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal

Cleveland State Law Review

Creative activity in the scientific, technical, literary, musical and artistic fields is encouraged by preferential treatment under the income tax laws. While musicians, authors, composers and inventors all receive some special tax benefits, inventors are awarded the most valuable tax breaks.


Hospital Privileges Revisited, Irwin N. Perr Jan 1960

Hospital Privileges Revisited, Irwin N. Perr

Cleveland State Law Review

It is the opinion of this writer that the laws relating to hospital privileges basically are sound and in the public interest.There is no clear reason to overthrow the accumulated wisdom of the last hundred years. American hospitals have become the best in the world because of the freedom with which they have been allowed to function. This does not militate against the constant march for improvement. As can be seen, there are cases where individuals are handicapped in their use of hospitals.These situations reflect social problems, not defects in existing laws which, like our Constitutional rights, sometimes are somewhat …


Discovery Of Medical Records, Margaret Mazza Jan 1960

Discovery Of Medical Records, Margaret Mazza

Cleveland State Law Review

Medical evidence is employed by plaintiffs chiefly to prove the causation and extent of personal injury damages, while defendants try to prove the slightness or lack of causal connection in such claims. Many types of medical reports are kept which may be used to substantiate the allegations of either party in personal injury actions. Of primary importance are the reports of physicians and hospitals, and reports upon the voluntary or compulsory examination of the plaintiff.


The Judicial Process, Lee E. Skeel Jan 1960

The Judicial Process, Lee E. Skeel

Cleveland State Law Review

The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.


Book Review, Janet Eterovich Jan 1960

Book Review, Janet Eterovich

Cleveland State Law Review

Reviewing Judge Francis Emmett Williams, Lotteries, Laws and Morals, Vantage Press, Inc., 1958


Res Ipsa Loquitur In Hospital And Malpractice Cases, Julien C. Renswick Jan 1960

Res Ipsa Loquitur In Hospital And Malpractice Cases, Julien C. Renswick

Cleveland State Law Review

Most legal texts state as a matter of law that in order to apply the doctrine of res ipsa loquitur it is required that plaintiff show that the instrumentality causing his injury was in the continuous and exclusive control of one defendant. This general proposition has been stated in Ohio on several occasions. However, in the last few years some exceptions to this general rule have been established in several jurisdictions.


Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr. Jan 1960

Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.

Cleveland State Law Review

In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …


Standard Of Care Of Medical General Practitioners, Milton Oppenheim Jan 1960

Standard Of Care Of Medical General Practitioners, Milton Oppenheim

Cleveland State Law Review

The law takes into account such matters as differences in various schools or systems of medicine, the state of medical acumen and knowledge, the established mode of practice, the locality, and conditions of practice. To reach a logical standard for physicians, and especially for that segment of the profession designated as "the general practitioner," various requirements are recognized by the law. Some courts insist that the degree of care and skill shall be commensurate with the advanced state of the science at the time of rendition of the service. This concept of the amount or degree of scientific medicine must …


Lawyer Meets Forensic Pathologist, George E. Hall Jan 1960

Lawyer Meets Forensic Pathologist, George E. Hall

Cleveland State Law Review

Forensic medicine is that part of medical science which is employed by the legal authorities for the solution of legal problems. Theoretically all branches of medicine may be included in this definition, for the law has used them all when need has arisen, and any doctor who testifies in court in his professional capacity can be considered a practitioner of legal medicine. The forensic pathologist is a trained pathologist who concentrates his efforts on the investigation of deaths which have occurred as result of violence or under suspicious circumstances.


Third Party Actions Against Co-Employees, John E. Martindale Jan 1960

Third Party Actions Against Co-Employees, John E. Martindale

Cleveland State Law Review

Industrial injuries involving intentional torts or situations where the workmen's compensation statute has not been complied with by the employer may, in many cases, relieve the plaintiff of the restrictions placed on his common law rights. It is not our purpose here to explore these exceptions, but to define the extent to which a right of action exists against the coemployee tort-feasor who is clearly within the course and scope of his employment when he inflicts the injury on his fellow worker.


The Clergyman: His Privileges And Liabilities, Valentine A. Toth Jan 1960

The Clergyman: His Privileges And Liabilities, Valentine A. Toth

Cleveland State Law Review

The doctrine of separation of church and state does not exclude the civil courts from jurisdiction over many church related questions. Constitutional guarantees of freedom of religion may not be allowed to lead to anarchy by allowing the church to be independent of state surveillance. On the other hand, the law does not claim that the church purchased its independence at the price of not criticizing the state when morality, ethical government or responsible citizenship are at stake. While this discussion is couched chiefly in terms of Protestant churches and clergymen, it is equally applicable to Roman Catholic, Jewish, and …


Foundations Used As Business Devices, Howard L. Oleck Jan 1960

Foundations Used As Business Devices, Howard L. Oleck

Cleveland State Law Review

The problem of abuse of the foundation device in fact contains a socio-legal issue more important than the mere question of whether a particular instrument is valid or invalid. It poses a question that may well affect the future history of this nation. In effect the issue is this :Does this nation, or does it not, desire or permit an hereditary aristocracy of wealth based on amoral manipulation of forms and legal rituals, while the government turns a blind eye to it? Our immediate problem here is the epidemic of misuse of the "charitable foundation" as a device to perpetuate …


Taxation In Stockholders' Forgiveness Of Accrued Salaries, Ronald B. Cohen Jan 1960

Taxation In Stockholders' Forgiveness Of Accrued Salaries, Ronald B. Cohen

Cleveland State Law Review

Cancellation of indebtedness ordinarily will be treated as income to a debtor corporation unless the debt was forgiven by a stockholder. In the latter case, the corporation normally treats the resulting benefit as a contribution to capital. However, there is a much more delicate situation when the debt is the result of unpaid salaries, interest, or other corporation expenses. In the typical case, these items would have reduced the income of the corporation in the year of accrual, but would not have been picked up as income by the cash basis stockholder. Therefore, the effective result of forgiveness of salaries …


Boredom In Legal Education, Ralph Slovenko Jan 1960

Boredom In Legal Education, Ralph Slovenko

Cleveland State Law Review

The law school should strive to educate the lawyer and nonlawyer not only on law but also on society. In this enterprise, there will be no boredom. Law, viewed as an interplay of history, logic, and sociology, is second to none as an exciting and liberal subject.


Book Review, Carl E. Wasmuth Jan 1960

Book Review, Carl E. Wasmuth

Cleveland State Law Review

Reviewing Paul David Cantor, Traumatic Medicine and Surgery for the Attorney; Vol. I - The Traumatic Problem, Central Book Co., 1959


An Appraisal Of Competency, Henry Davidson Jan 1960

An Appraisal Of Competency, Henry Davidson

Cleveland State Law Review

Competence is the ability to handle business affairs with ordinary prudence. It is a legal not a medical formula, and in a sense, it must be defined negatively. Every one is assumed to be competent. If you think some one is incompetent, you must prove it. He does not have to prove that he is competent. Therefore, the formula is a criterion of incompetency not competency. To declare a person incompetent, these findings must coexist: 1. He has a mental disorder. 2. This causes bad judgment. 3. Because of the bad judgment, the patient either: (a) Squanders his money or …


Suggestion Box Systems, Esther Weissman Jan 1960

Suggestion Box Systems, Esther Weissman

Cleveland State Law Review

The employee "suggestion box" has become a common feature of American enterprise. Its use is simple and beneficial. An employee writes an idea on a blank form conveniently made available in his work area and drops his suggestion into a box provided for such suggestions. Many legal questions arise in connection with suggestion systems. But there has been little litigation in this field so far, probably because of the small scale nature of most of the claims which develop as a result of such suggestions. But with the rapid expansion of suggestion systems, more attention will be given to their …


Book Review, William Samore Jan 1960

Book Review, William Samore

Cleveland State Law Review

Reviewing Philip C. Jessup, The Use of International Law, University of Michigan Law School, 1959