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Full-Text Articles in Law

This One's For The Children: The Time Has Come To Hold Guardians Ad Litem Responsible For Negligent Injury And Death To Their Charges, Inga Laurent Jan 2004

This One's For The Children: The Time Has Come To Hold Guardians Ad Litem Responsible For Negligent Injury And Death To Their Charges, Inga Laurent

Cleveland State Law Review

Absolute immunity has historic justifications but it also represents one of the major failures of the modem child welfare system. Attorneys who act as guardians are granted absolute immunity, which serves as a shield that excuses them from being accountable for the consequences of their actions. Without presentation of a defense, all the parties involved are left to speculate as to whether the guardian adequately performed the necessary duties to protect the child. Immunity also perpetuates maintenance of the status quo rather than moving toward improved systems of care and accountability. Section II of this note provides an overview of …


Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly Jan 2004

Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly

Cleveland State Law Review

This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …


The Doctor Will E-Mail You Now: Physicians' Use Of Telemedicine To Treat Patients Over The Internet, Lisa Rannefeld Jan 2004

The Doctor Will E-Mail You Now: Physicians' Use Of Telemedicine To Treat Patients Over The Internet, Lisa Rannefeld

Journal of Law and Health

This article examines the problems currently associated with the practice of telemedicine and suggests that the best solution for this particular field of medicine is a national standard of care. This article also suggests that the Food and Drug Administration's (FDA) current functions are easily expandable to the telemedicine context; therefore, the agency should regulate the implementation of such a standard in the telemedicine field. This article proposes that the FDA use medical practice guidelines in developing the applicable standard. Other agencies, such as the American Medical Association (AMA) and other website alliances, could also aid the FDA in implementing …