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Articles 1 - 30 of 63
Full-Text Articles in Law
The Lawyers' Function Today, Nathaniel R. Howard
The Lawyers' Function Today, Nathaniel R. Howard
Cleveland State Law Review
This is the substance of the graduation address delivered by the writer at the June 1958 Commencement of Cleveland-Marshall Law School. If today's students of the law had engaged in their same study 600 years ago, the law then taught to them and believed by them would have included some principles, precedents, decrees, and even primary statutes which they have embraced in the year of Our Lord 1958.
Relation Of Trauma, Disease, And Law - Panel Discussion, Joseph A. Cox, Alfred Koerner, S. Charles Franco, Kenneth H. Macgregor
Relation Of Trauma, Disease, And Law - Panel Discussion, Joseph A. Cox, Alfred Koerner, S. Charles Franco, Kenneth H. Macgregor
Cleveland State Law Review
A symposium on "Relation of Trama, Disease, and Law." The symposium took place under the auspices of the Amerian Board of Legal Medicine Inc., in conjucntion with the sesquicentennial meeting of the Medical Society of the State of New York.
Premenstrual Tension, Medicine And Law, Irwin N. Perr
Premenstrual Tension, Medicine And Law, Irwin N. Perr
Cleveland State Law Review
The premenstrual tension syndrome is one characterized by emotional and physiologic symptoms occurring in the period preceding menstruation. A medical re-evaluation and description for the attorney may serve to clarify a subject full of misunderstandings, superstitions and false concepts.
Regulatory Responsibility In The Atomic Energy Program ( A Symposium), Paul C. Aebersold, W. A. Kitts, Frank Norton, George E. Thoma Jr.
Regulatory Responsibility In The Atomic Energy Program ( A Symposium), Paul C. Aebersold, W. A. Kitts, Frank Norton, George E. Thoma Jr.
Cleveland State Law Review
The regulatory actions taken by federal, state and local governments will exert a great impact on the present and future development of the civilian atomic energy program. All are aware of the tremendous potential that atomic energy holds for mankind. All are equally aware, on the negative side, of the potential radiation hazards associated with the use of radiation and radioactive materials. These hazards must be controlled so that the full realization of atomic energy benefits may be enjoyed.
Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle
Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle
Cleveland State Law Review
The instrument termed a release is a contract that clearly portrays a meeting of the minds. It explicitly states a release from liability for known, unknown, present, and future injuries. In attempting to avoid such a release the party ordinarily may allege the grounds he may have under the law of contracts. In personal injury releases, these grounds usually take the form of charges of fraud or misrepresentation, coercion, inequitable circumstances, mutual mistake of law, unilateral mistake of fact, inadequate consideration, or mutual mistake of fact. We shall deal here with the defense of mutual mistake.
Purposeful Reforms In Criminal Law, Lee E. Skeel
Purposeful Reforms In Criminal Law, Lee E. Skeel
Cleveland State Law Review
What is the relation of the Office of the County Prosecutor or District Attorney to the job of public law enforcement? It is true that the county prosecutor's office has much to do with the civil practice of the law as the legal representative of the county Government, including public boards and commissions. Yet, may it ever be remembered, the proper enforcement of the public or criminal law is a matter of great importance to every resident of the community. It is important not only to protect the safety of the community from unlawful disturbances and aggressions against the peace …
Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz
Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz
Cleveland State Law Review
The concept of fault -the placing of blame on one party- has no place in the therapeutic approach to divorce cases. If we consider the concept of fault in a different sense, namely, misconduct contributing to the disruption of the marital relation, then the concept becomes workable. The marriage counselor's primary function is not to determine which party's misconduct has caused the discord. The therapeutic approach is based on a relational misconduct. That is, it applies when both parties are responsible for the breakup. The aim of the therapeutic approach is not to "reward the innocent and punish the guilty." …
Problem Of Selection In Law Libraries, Theodore Samore
Problem Of Selection In Law Libraries, Theodore Samore
Cleveland State Law Review
Law libraries, like soap, come in three sizes -large, giant, and super. It is also true that law libraries, like taxes, living expenses, populations and college enrollments are rapidly expanding and the end is not in sight. Use determines the growth of a library. As long as students, professors and practitioners ask for more books, more periodicals and more services the library must expand.
Elimination Of Railroad Grade Crossings, John M. Heffelfinger
Elimination Of Railroad Grade Crossings, John M. Heffelfinger
Cleveland State Law Review
Why do federal, state and local agencies fail to bend every effort towards the elimination of all important grade crossings at railroads? With present day traffic, both on the railroads and on the highway, and the fine roads coupled with the motorist's desire to save time, every crossing is an important factor in our daily lives and the safety of our people. One of the main obstacles to progress is probably the fact that the entire law concerning grade crossing separations is in a state of chaos. The purpose of all this critical comment is to lay the groundwork for …
Book Review, Lee E. Skeel
Book Review, Lee E. Skeel
Cleveland State Law Review
Reviewing Joy Seth Hurd and Bert H. Long, Ohio Trial Evidence, W.H. Anderson Co., 1957
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing William B. Wright, The Federal Tort Claims Act, Central Book Company, Inc., 1957
Tort Trends In 1957, Melvin M. Belli
Tort Trends In 1957, Melvin M. Belli
Cleveland State Law Review
This articles discusses trends in tort cases in 1957, including adequate awards, avaition law, jury fixing, the need for medico-legal training, insurance limits, consortium, charitable immunity, assumption of risk, res ipsa loquitur, workmen's compensation, injuries in utero, warranties, interfamilial suits, expert witnesses, dead men's statutes, and personal injury law reform.
Occupational Dermatitis And Dermatitis From Cosmetics And Fabrics - Medico-Legal Aspects, Louis Schwartz
Occupational Dermatitis And Dermatitis From Cosmetics And Fabrics - Medico-Legal Aspects, Louis Schwartz
Cleveland State Law Review
Diseases of the skin are the most frequent of all occupational diseases. They constitute about two-thirds of all occupational diseases reported to compensation boards. This follows logically from the fact that the skin is the largest and most external organ of the body and hence has the most contact with environmental irritant and toxic substances. According to government statistics, it has been estimated that the monetary loss per year from occupational skin diseases is more than 100 million dollars. members of the legal profession having clients, either claimants or defendants, in cases involving compensation should have some basic knowledge of …
Combating The Traumatic Effects Of Industrial Noise, W. F. Scholtz
Combating The Traumatic Effects Of Industrial Noise, W. F. Scholtz
Cleveland State Law Review
Today's increased interest in factory noise is partly created by the fact that exposure to sound under certain conditions may cause hearing impairment. This interest has been reflected in both management and labor circles. The seriousness of the problem is evidenced by a sudden increase in the number of claims filed for industrial hearing loss, presumably caused by exposure to high intensity sound. Unfortunately, major uncertainties exist, making the establishment of standardized tests and measurements difficult. Allison Chalmers Manufacturing Company and competent medical authorities have done a great deal of valuable preliminary study, making it possible to set tentative standards …
Automation's Impact On Industrial Safety, Donald F. Harrington
Automation's Impact On Industrial Safety, Donald F. Harrington
Cleveland State Law Review
Automation has been variously described as a diabolical scheme of management, as a second industrial revolution, and as merely the next step in the slow evolution away from the "sweat shops" of the past. None of these definitions is completely wrong and none is completely right. As with most concepts that threaten to change existing social and economic patterns, its appraisal depends largely on how it will affect the one making the appraisal. Its importance in law lies chiefly in its impact on safety standards.
Forensic Psychiatry And The Witness - A Survey, Jewel Hammond Mack
Forensic Psychiatry And The Witness - A Survey, Jewel Hammond Mack
Cleveland State Law Review
It has been recommended that a course in Forensic Psychiatry be included in the law school curriculum. The gap between law and psychiatry-two fields closely related in many ways, certainly should be narrowed. One of the main "causes of potential justice accidents is the fallibility inherent in testimonial evidence." The effectiveness of a witness' oral testimony depends upon four factors: (1) intelligent observation of the event; (2) clear memory; (3) freedom from any compulsions to color or ignore the truth; and (4) ability to give a vivid description.
American Courts Face The Future, Bernard Botein
American Courts Face The Future, Bernard Botein
Cleveland State Law Review
Our system of justice can never be perfect, but lately its imperfections have seemed to loom larger and deeper than formerly. Change is the rule of life, and the fast-moving events of today underline the failure of our legal system to keep pace. The law should be deliberate and not commit itself to new patterns without full consideration-but deliberation is a far cry from stagnation, and when the world moves, the law must move. The Bar and the Bench are the custodians of the country's judicial system and because of their experience and expertise we would expect them to be …
Metro System Of Local Government (A Survey), Wilson G. Stapleton, Hugh E. Dunn, G. Brooks Earnest, A. B. Bonds Jr.
Metro System Of Local Government (A Survey), Wilson G. Stapleton, Hugh E. Dunn, G. Brooks Earnest, A. B. Bonds Jr.
Cleveland State Law Review
Growth of many American cities into vast metropolitan communities of suburban cities, towns and villages clustered about the central city is creating complex problems of local government. Duplication of services and costs is matched by artificial "compartmentalization" of adjacent areas, all developing with little or no overall plan or logic.Herein, four outstanding community leaders examine the problem in terms of the situation in the Ohio area of Cuyahoga County, around the core city of Cleveland. Extracts from four speeches are set forth here, all delivered at a recent luncheon of the Cleveland-Marshall Alumni Association.
A Radical New Income Tax Plan, Donald E. Twitchell
A Radical New Income Tax Plan, Donald E. Twitchell
Cleveland State Law Review
T. Coleman Andrews former Commissioner of Internal Revenue, has embarked upon a campaign to abolish the income tax. J. Bracken Lee, Governor of Utah, has refused to pay part of his income tax as a protest against foreign economic aid. A Constitutional Amendment to limit the income tax to 25% was seriously considered a short time ago. Governor Lee's heroic gesture probably must be dismissed as a defiant skirmish in the perennial protests of isolationists. Though less spectacular, Andrews' views are much more significant because he will gain much sympathy from people who may never consider how they would fare …
Book Review, Theodore Samore
Book Review, Theodore Samore
Cleveland State Law Review
Reviewing Max Lerner, America as Civilization; Life and Thought in the United States Today, Simon and Schuster, 1957
The Mallet Finger Injury, Donald R. Pratt
The Mallet Finger Injury, Donald R. Pratt
Cleveland State Law Review
Mallet finger is a permanent deformity caused by injury to the distal phalanx of a finger. Commonly seen in industrial accidents and in baseball players, the extending tendon is pulled off the bone of the terminal phalanx. Treatment consists of simple splinting (illustrated) in mild trauma, or surgical intervention when large bony fragments have been pulled off. If left untreated, some degree of drop finger ultimately develops. This disability varies in degree. Joint stiffness and deformity may result. A method of surgical treat- ment of more severe injuries is described.The chief importance of this injury, to the lawyer, is in …
Prenatal Injuries, Andrew L. Johnson Jr.
Prenatal Injuries, Andrew L. Johnson Jr.
Cleveland State Law Review
Our courts have been increasingly perplexted by the question of whether or not an infant should have a right of action for personal injuries negligently caused to its body prior to birth. Stated another way, does an infant while in its mother's womb have an interest in the freedom from invasion of its bodily security equivalent to and commensurate with that of a person already born?
Charitable Immunity: The Plague Of Modern Tort Concepts, Ronald M. Lipson
Charitable Immunity: The Plague Of Modern Tort Concepts, Ronald M. Lipson
Cleveland State Law Review
It is the purpose of this paper to analyze the grounds upon which charitable institutions have been granted immunity from tort liability, to consider changing conditions and concepts affecting immunity, and finally, to discuss the extent to which the immunity exception should be abandoned.
Attorney's Liens, Arthur F. Lustig
Attorney's Liens, Arthur F. Lustig
Cleveland State Law Review
In former years, an attorney was paid a fee "not as a salary or hire but as a mere gratuity which a counselor cannot demand without doing wrong to his reputation." These customs are long since past. The English rule that a counselor or barrister has no right to charge for his services and that he cannot enforce compensation no longer prevails in Ohio, for example, and in other states. Today, in most jurisdictions, an attorney's right to payment for services rendered is protected by statute. As of the end of 1955, thirty-one states had some form of an attorney's …
Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust
Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust
Cleveland State Law Review
Senate Bill No. 2646 proposed in the Congress is unprecedented in scope. If it is enacted the Supreme Court will be reduced to a virtual nullity. Displeasure with recent decisions of the Court has engendered an attack upon its status which strikes at its vitals. This article is an analysis of the bill and the types of cases over which the Supreme Court would no longer have appellate jurisdiction.
Staggering Punitive Damages Against Labor Unions, Thurlow Smoot
Staggering Punitive Damages Against Labor Unions, Thurlow Smoot
Cleveland State Law Review
The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.
Every Day Is Law Day, Lee E. Skeel
Every Day Is Law Day, Lee E. Skeel
Cleveland State Law Review
President Eisenhower proclaimed May 1st of this year as "Law Day," and the day was formally observed throughout the nation. Gratifying as that was, it is hardly enough, in this or any other era, for self-satisfaction about American appreciation of our heritage of liberty under law. More important than appreciation of this priceless heritage is appreciation of the stern duty that goes along with it. Unless we daily earn this prize, we daily lose some of it. Its real strength is the revitalizing effort we add to it in our daily lives. There soon would be no precious "liberty under …
Ftca In A Nutshell, Orville J. Weaver
Ftca In A Nutshell, Orville J. Weaver
Cleveland State Law Review
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. United States, the United States Supreme Court stated: "The purpose of the Federal Tort Claims Act was to waive the government's traditional all encompassing immunity from tort action and to establish novel and unprecedented governmental liability." This legislation does not create a new cause of action, but merely means that the United States is liable for certain negligent acts in the same manner as is anyone else.
Are Evening Law Schools Better Than Day Schools, William Samore
Are Evening Law Schools Better Than Day Schools, William Samore
Cleveland State Law Review
In the field of legal education, there long has been a certain myth-the myth of the natural superiority of day law schools over evening law schools.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing David Fellman, The Defendant's Rights, Rinehart & Co., Inc., 1958