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Articles 31 - 52 of 52
Full-Text Articles in Law
Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff
Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff
Cleveland State Law Review
Since sterilization is a drastic remedy and generally a permanent infringement of bodily integrity, those affected by laws authorizing it are entitled to every reasonable precaution. Thus far they have not been adequately protected. The sterilization of persons without legal authorization, before testing the constitutionality of the laws, sterilization under unconstitutional laws, and the lack of representation by counsel, are all clear illustrations of this disregard of rights. The fact that scientific opinion differs as to the value of sterilization certainly indicates that the merits of this type of legislation should be re-evaluated.
Judicial Note And Indisputables, Ralph Slovenko
Judicial Note And Indisputables, Ralph Slovenko
Cleveland State Law Review
Under the adversary system of trying cases, the litigant and not the trier is responsible for gathering and presenting the evidence. However, under the doctrine of judicial notice, the tribunal accepts the existence of certain evidence without the necessity of a party offering formal proof.
Recent Ohio Procedure Changes, Lee E. Skeel
Recent Ohio Procedure Changes, Lee E. Skeel
Cleveland State Law Review
It might be well to begin by giving consideration to the recent cases dealing with appellate procedure, before considering statutory changes. The questions of when a motion for new trial tolls the time for giving notice of appeal, and what constitutes a final order, have been given consideration in recent cases.
Recent Eye Damage Awards, Margaret Mazza
Recent Eye Damage Awards, Margaret Mazza
Cleveland State Law Review
Impairment of vision may be either temporary or permanent and may be caused by direct trauma, burns, or any other injury to the face near the area of the eyes. Vision may be impaired or completely lost due to injury to the brain or associated nerves. The list of cases below gives descriptions and awards in some recent eye injury suits.
Recent Spine Damage Awards, Sheldon E. Baskin
Recent Spine Damage Awards, Sheldon E. Baskin
Cleveland State Law Review
Spinal injuries generally include trauma to the vertebrae, the intervertebral discs and the ligaments which serve to hold the spinal column together. For the purpose of avoiding duplication this paper will confine itself to the subjects of fractures and dislocations of the vertebrae, injuries to the discs and direct injuries to the spinal cord, excluding discussion of soft tissue back injuries and injuries of the cervical or neck area generally referred to as whiplash injuries.
Recent Leg Damage Awards, Doris Hauth
Recent Leg Damage Awards, Doris Hauth
Cleveland State Law Review
Injuries to the leg include fractures of the various bones of the leg (tibia, femur and fibula), fractures of the foot, ankle, knee or hip, and amputation of one, both, or a part of the leg. This article includes a digest of cases arising in the last five years involving leg injuries. The facts in each case are briefly stated and the damage award specified.
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Cleveland State Law Review
We do not intend here to advocate or condemn application of the doctrine of res ipsa loquitur in malpractice cases, but simply to indicate the cases where it was or was not applied, relying where possible on direct quotation from the judgments.
Drug Induced Statements, Gilbert Geis, Ernest R. Kamm
Drug Induced Statements, Gilbert Geis, Ernest R. Kamm
Cleveland State Law Review
No serious attempt appears to have been made to check the opinions of scientific authorities in regard to drug-induced statements, beyond a cursory survey in 1941, and the courts have gone their way without much information, often, as has been charged in other areas involving forensic psychiatry, substituting the claims of the more articulate and aggressive members of the profession for the consensus of knowledgeable opinion within the entire group. This paper, therefore, is an attempt to learn from a sample of psychiatrists the present state of professional belief about the legal value and reliability of barbiturate drugs in forensic …
Taxation Of Professional Athletes, Ronald B. Cohen
Taxation Of Professional Athletes, Ronald B. Cohen
Cleveland State Law Review
There is very little doubt that the current income tax laws are not applied with equal fairness to people of all occupations. There are many groups whom Congress has seen fit to give many tax advantages, both directly and indirectly. Others assert, and rightly so, that they must pay too much of the tax burden. Professional athletes have probably often wondered just which category best fitted them. This article is for the purpose of pointing out some of the unique problems of the "play for pay" boys. I have grouped those problems into three topics, which I call, "Deferred Compensation", …
Registered Trademark Marking Requirements, Cameron K. Wehringer
Registered Trademark Marking Requirements, Cameron K. Wehringer
Cleveland State Law Review
The ® symbol is at times rarely used,sometimes moderately used, and sometimes perhaps over-used.Two major questions then. What is the necessary use, and what is the situation as to prevailing use?
Mortgage Investments And The Usury Problem, Gordon M. Harrell
Mortgage Investments And The Usury Problem, Gordon M. Harrell
Cleveland State Law Review
A continuous and steady expansion of residential dwelling is desirable from both a sociological and economic standpoint. Continuing support is required from risk capital willing to invest throughout the United States. This necessarily means that, if funds are to be drawn from areas of financial plenty to areas experiencing a financial drought, the investor will often not be a party to the original loan transaction, but will be a transferee of a local mortgage lender. We will consider those situations which are most often the foundation for an allegation of usury by the borrower-where there is a substantiated charge of …
Should Ohio Abolish Capital Punishment, Richard J. Goetz
Should Ohio Abolish Capital Punishment, Richard J. Goetz
Cleveland State Law Review
In view of all the controversy surrounding this topic, it is interesting to review the history of the death penalty in Ohio, in other states, and elsewhere in the world.
Book Review, Irwin N. Perr
Book Review, Irwin N. Perr
Cleveland State Law Review
Reviewing Ben Bernstein, Whiplash - Its Medical-Legal Aspects, Legal Medicine Institute, 1958
Selecting A Jury In Civil Trials, Forrest A. Norman
Selecting A Jury In Civil Trials, Forrest A. Norman
Cleveland State Law Review
It is probably no exaggeration to state that many cases are won or lost on the jury selection. Every lawyer is familiar with cases that were tried through to a jury verdict and following a motion or appeal, were retried to a different jury, with opposite results being reached. In many of these cases the witnesses, the testimony, and all of the facts remain the same-the only difference being in the jury and the result. Thus, the importance of the jury selection cannot be overestimated.
Admission Of Liability, Richard H. Burgess
Admission Of Liability, Richard H. Burgess
Cleveland State Law Review
There is a great amount of resistance to the admission of liability when the slightest defense is available. Many defendants' attorneys would prefer to take the long chance of hoping for an unexpected verdict rather than admit fault and leave only the issue of damages to the jury. Surprisingly, there have actually been cases in which liability was admitted and the jury returned a verdict of no cause of action. Generally speaking, though, an admission of liability will tend to keep the damage award reasonable, but it will take away the slight possibility of an unexpected defendant's verdict.
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Cleveland State Law Review
It is now almost five years since our Supreme Court announced its decision in the Avellone case. During these five years, the two problems created by the Avellone decision have ,like "Mother Carrie's chickens" "come home to roost." Our Supreme Court has resolved each in turn, one in favor of charitable immunity for all charitable institutions except those that have the misfortune to run hospitals, the other further against hospitals for all acts of all servants.
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Cleveland State Law Review
It is submitted that where there is fair dealing on the part of plaintiff's attorney and insurance company, a great deal of needless expense to both will have been eliminated enabling insurance companies to handle their claims and lawsuits with fewer personnel and smaller defense fees. And plaintiff's attorneys on their part, will be able to bring to conclusion more work during the course of a year; and where a staff is required, they will be able to operate with fewer personnel. The result to the plaintiff's attorney will be an increase in net income and perhaps more time for …
Death Damages And Conflicts Of Laws, Marvin D. Silver
Death Damages And Conflicts Of Laws, Marvin D. Silver
Cleveland State Law Review
Since the adoption of the Fatal Accidents Act of 1846 in the United Kingdom, each of the fifty United States has created by statute a similar right of action which pertains to the survivors or to the estate of the decedent whose death resulted from the wrongful acts of another. During recent years, fourteen states have incorporated within their wrongful death statutes a maximum limitation on the amount of damages recoverable. These restrictions consistently trouble the courts when a wrongful death occurs in one of these limiting states and the suit is brought elsewhere. However, the courts have, with a …
Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette
Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette
Cleveland State Law Review
In its enforcement, the lawyer, as an officer of the court, occupies a top position of responsibility. The opportunity to deter, and perhaps prevent, the ultimate dissolution of the family comes first to him, and carries with it, a challenge to his patience, tolerance and particularly to his concept of social service. When pursuit of divorce and consequent family disorganization appears unavoidable, counsel is accorded a further opportunity to minimize expenses, avoid scandal and bitterness, and to plan the future welfare of the minor children and the estranged spouses. In performing this task he seeks to evaluate how the court …
Tax Of Qualified Deferred Compensation Plan, Lucius C. Gossick
Tax Of Qualified Deferred Compensation Plan, Lucius C. Gossick
Cleveland State Law Review
One of the primary reasons for the steady growth in the number of qualified deferred compensation plans described in Section 401 (a) of the Internal Revenue Code of 19541 is their usefulness as tax planning devices. An important tax consideration in adopting such a plan is that the taxation of plan benefits to employee-participants or their beneficiaries, provided by current employer contributions, will be deferred to some future time. Because of the rapid changes that occur in the income tax law this article will cover general tax considerations applicable to such benefits that exist presently. Consideration will be given the …
Treatment Practices In Juvenile Court, Eleanor A. Blackley
Treatment Practices In Juvenile Court, Eleanor A. Blackley
Cleveland State Law Review
To argue that the adjudicated child is not "punished" as the adult offender but is provided care, protection, and treatment is to make a distinction without a difference. The sanctions employed by the children's court are essentially the same as those the criminal court uses: principally, probation and institutional commitments.
Book Review, Milton E. Wilson
Book Review, Milton E. Wilson
Cleveland State Law Review
Reviewing George Rossman, ed., Advocacy and the King's English, Bobbs-Merrill Co., Inc., 1960