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- Intoxication (8)
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Articles 31 - 60 of 74
Full-Text Articles in Law
Police View Of The Intoxicant, Leo R. Collins
Police View Of The Intoxicant, Leo R. Collins
Cleveland State Law Review
Many law enforcement officers have found, on being subjected to cross-examination, that in their efforts to arrest an intoxicant they had failed to gather enough competent evidence illustrating the intoxicant's condition at the time of arrest. As a result of many "not guilty" verdicts, modern law enforcement agencies have progressed from the time when an officer would merely ask the subject to repeat a rhyme that the subject would find difficult to say if he were drunk, to modern methods where intoximeter or other machine tests, movies, and tape recordings are used to supplement the officer's report.
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Cleveland State Law Review
Professional associations (i.e., corporations) have been specifically authorized by several state legislatures recently, contrary to the old rule that practice of a learned profession by a corporation is forbidden. Among these states are Connecticut, Illinois, Ohio, Oklahoma, Pennsylvania and Wisconsin. The purpose is to make available to professional men the tax advantages of corporate employee status.
Police View Of The Intoxicant, Leo R. Collins
Police View Of The Intoxicant, Leo R. Collins
Cleveland State Law Review
Many law enforcement officers have found, on being subjected to cross-examination, that in their efforts to arrest an intoxicant they had failed to gather enough competent evidence illustrating the intoxicant's condition at the time of arrest. As a result of many "not guilty" verdicts, modern law enforcement agencies have progressed from the time when an officer would merely ask the subject to repeat a rhyme that the subject would find difficult to say if he were drunk, to modern methods where intoximeter or other machine tests, movies, and tape recordings are used to supplement the officer's report.
Mortgage Theory Of Ohio, James Jay Brown
Mortgage Theory Of Ohio, James Jay Brown
Cleveland State Law Review
It will be the function of this paper to explore the theory of the real estate mortgage as it is being used in the confused state of Ohio. The theories will be identified and defined. From this academic introduction, practical uses of the theories will be suggested. This will be followed by an analysis of Ohio case decisions since 1929. The conclusion of this analysis will be a determination of whether the state has been consistent in its reasoning and theory.
Heart Attack As Compensable Injury, Marvin D. Silver
Heart Attack As Compensable Injury, Marvin D. Silver
Cleveland State Law Review
The original intention of the author was to propose the idea that a heart attack might be compensable as an occupational disease. However, after extensive research and deliberation, it appears evident that the universally accepted construction and interpretation of the term "occupational disease" is invulnerable to the inclusion therein of the heart attack incident.
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Cleveland State Law Review
The physiological effects of ethyl alcohol depend almost entirely on its concentration in the blood stream. This concentration, expressed in per cent, is referred to as the blood alcohol level and has become of increasing medico-legal importance in determining the degree of alcoholic intoxication.
Alcoholism As A Medicolegal Problem, John M. Macdonald
Alcoholism As A Medicolegal Problem, John M. Macdonald
Cleveland State Law Review
Medico-legal aspects of alcoholism include determination ofcriminal responsibility, medical evaluation of drunken drivers, interpretation of chemical tests of intoxication and the involuntary commitment of alcoholics to mental hospitals. The policymaking functions of attorneys, both in public positions such as membership in the legislature, and in private practice demand knowledge of the origins, course and social consequences of the disease.
Intoxication And Opinion Evidence, John E. Martindale
Intoxication And Opinion Evidence, John E. Martindale
Cleveland State Law Review
It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.
Intoxication And Third Parties, John Vamis
Intoxication And Third Parties, John Vamis
Cleveland State Law Review
Persons under the influence of liquor or drugs are known to be irrational, uncoordinated, erratic and prone to conduct which give rise to injury. It is for this reason that recovery is allowed, under certain conditions, from the person furnishing the intoxicating liquor or drug, by the person injured by the user. One such liable person is the seller of intoxicating liquor who, by the Dram Shop Law, is made liable to persons who suffer injury to person or property or to means of support. The first such law in Ohio was passed on May 1, 1854, and was entitled, …
Defense Of An Intoxicated Motorist, Carl H. Miller
Defense Of An Intoxicated Motorist, Carl H. Miller
Cleveland State Law Review
This examination into the various aspects of defending an intoxicated driver is by no means complete. Its purpose is to indicate the problem areas in which the most care must be taken in order to insure the constitutional rights of the client.The great majority of individuals charged with operating a motor vehicle while under the influence of an intoxicating liquor are convicted, and in most cases, rightly so. It is that small percentage of individuals wrongfully charged, or if rightfully charged, wrongfully convicted, that concerns the writer.
Church Liability For Negligence, Valentine A. Toth
Church Liability For Negligence, Valentine A. Toth
Cleveland State Law Review
The basic and pertinent problems of church immunity should be categorized and surveyed in order to show the lack of justification for this privileged position. These problems may be divided into four categories: (1) the modern church as a charity; (2) constitutionality; (3) legality; (4) the social necessity of church immunity. These classifications can shed proper light upon the present status and the future developments of this doctrine.
Landlord's Control Of Leased Premises, Albert G. Schleicher
Landlord's Control Of Leased Premises, Albert G. Schleicher
Cleveland State Law Review
Where the landlord has retained possession and control of a part of the demised premises, he may be liable to the tenant or one in the right of the tenant for failure to exercise ordinary care to keep that part of the premises over which he has retained possession and control in a reasonably safe condition. The problem arises over what portion of the premises the landlord has retained possession and control, especially when the lease contains no provision on this subject. A review of the principles and a sampling of various fact situations involving possession and control of the …
Part-Time And First-Rate Legal Education: Some Random Observations, Stanley E. Harper Jr.
Part-Time And First-Rate Legal Education: Some Random Observations, Stanley E. Harper Jr.
Cleveland State Law Review
This article goes through a comparison of a full-time versus a part-time law school experience. Further, the article examines the quality of student or the planning of a curriculum and surveys the statistical significance of part-time legal education from 1947 to 1962.
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Cleveland State Law Review
Professional associations (i.e., corporations) have been specifically authorized by several state legislatures recently, contrary to the old rule that practice of a learned profession by a corporation is forbidden. Among these states are Connecticut, Illinois, Ohio, Oklahoma, Pennsylvania and Wisconsin. The purpose is to make available to professional men the tax advantages of corporate employee status.
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Richard A. Wasserstrom, The Judicial Decision: Toward a Theory of Legal Justification, Stanford University Press, 1961
Alcoholism As A Medicolegal Problem, John M. Macdonald
Alcoholism As A Medicolegal Problem, John M. Macdonald
Cleveland State Law Review
Medico-legal aspects of alcoholism include determination ofcriminal responsibility, medical evaluation of drunken drivers, interpretation of chemical tests of intoxication and the involuntary commitment of alcoholics to mental hospitals. The policymaking functions of attorneys, both in public positions such as membership in the legislature, and in private practice demand knowledge of the origins, course and social consequences of the disease.
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Cleveland State Law Review
The physiological effects of ethyl alcohol depend almost entirely on its concentration in the blood stream. This concentration, expressed in per cent, is referred to as the blood alcohol level and has become of increasing medico-legal importance in determining the degree of alcoholic intoxication.
Intoxication And Opinion Evidence, John E. Martindale
Intoxication And Opinion Evidence, John E. Martindale
Cleveland State Law Review
It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.
Intoxication And Third Parties, John Vamis
Intoxication And Third Parties, John Vamis
Cleveland State Law Review
Persons under the influence of liquor or drugs are known to be irrational, uncoordinated, erratic and prone to conduct which give rise to injury. It is for this reason that recovery is allowed, under certain conditions, from the person furnishing the intoxicating liquor or drug, by the person injured by the user. One such liable person is the seller of intoxicating liquor who, by the Dram Shop Law, is made liable to persons who suffer injury to person or property or to means of support. The first such law in Ohio was passed on May 1, 1854, and was entitled, …
Part-Time And First-Rate Legal Education: Some Random Observations, Stanley E. Harper Jr.
Part-Time And First-Rate Legal Education: Some Random Observations, Stanley E. Harper Jr.
Cleveland State Law Review
This article goes through a comparison of a full-time versus a part-time law school experience. Further, the article examines the quality of student or the planning of a curriculum and surveys the statistical significance of part-time legal education from 1947 to 1962.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Robert Klonsky, Legal Essays of the Plaintiff's Advocate, Central Book Company, 1961
Book Review, Marc D. Gleisser
Book Review, Marc D. Gleisser
Cleveland State Law Review
Reviewing Henry B. Rothblatt, Successful Techniques in the Trial of Criminal Cases, Prentice-Hall, Inc., 1961
Workmen's Compensation And Heart Attacks, Richard W. Dunn
Workmen's Compensation And Heart Attacks, Richard W. Dunn
Cleveland State Law Review
The basis for granting and denial of compensation for heart attacks in the several states runs the gamut from common-sense reasoning to arbitrary adherence to rigid construction of the compensation statutes. To add to the difficulty as to the compensability of a heart attack injury, the courts must first resolve the question as to whether or not the injury or death was incurred in the course of employment. This issue in and of itself ofttimes poses questions that are sufficient to tax even the most adept legal minds. In cases involving heart attacks the courts are additionally burdened by having …
Physiology Of The Heart, Frederick F. Waugh
Physiology Of The Heart, Frederick F. Waugh
Cleveland State Law Review
The heart has been subject of much literature, ranging from rudimentary studies found in elementary biology texts, to obtuse technical theses of specific aspects of the many functions and disorders of this organ. Due to the magnitude of the subject, this article will be restricted to a very perfunctory treatment of the subject, which concerns the function of the heart and the various disorders affecting it.
Consent To Surgery, Gerald M. Smith, R. Joseph Olinger
Consent To Surgery, Gerald M. Smith, R. Joseph Olinger
Cleveland State Law Review
The legal aspects of a patient's consent to operation, or the lack of such consent, are many and varied. The general rule is that consent of the patient, or of someone authorized to act for him, is necessary in order for a physician to legally operate. This rule is not altered by the fact that an unauthorized operation is slight and ordinarily is not accompanied by serious consequences. Where no consent is present, a surgical operation upon the body is a technical battery, and in the absence of exceptional circumstances, appropriate damages may be recovered from the physician. The question …
Informed Consent To Medical Treatment, Milton Oppenheim
Informed Consent To Medical Treatment, Milton Oppenheim
Cleveland State Law Review
Medical malpractice is usually considered in terms of negligent conduct by the physician in the course of the physician-patient relation. Many of the actions are not predicated on the law of negligence, although this type of malpractice undoubtedly is the most common type of litigation. A substantial group of cases deal with unauthorized operations, which are characterized as battery, emerging from lack of informed consent.
X-Ray Malpractice, Lucien B. Karlovec
X-Ray Malpractice, Lucien B. Karlovec
Cleveland State Law Review
Doctors today are subjected to many malpractice suits involving non-surgical injuries. Common among these nonsurgical injuries are x-ray injuries. Most of the injuries produced by x-rays have been excessive skin reactions, i.e., burns, occurring during either diagnostic or therapeutic procedures. The improper use of x-rays can produce damage other than skin burns, i.e., fibrosis (in effect, shrinkage) of internal organs, sterility or prenatal injuries.
Ownership Of X-Rays, Ronald J. Harpst
Ownership Of X-Rays, Ronald J. Harpst
Cleveland State Law Review
The question as to who has property rights in x-ray films has been the subject of controversy between physician, attorney, patient and hospital. Although there have been few cases dealing specifically with this problem, the issue often has been raised privately among physicians and in attorney-physician debates. The object of this article is to acquaint the attorney and physician with the main approaches to the problem of ownership of x-rays, and to supplement the various approaches with leading cases.
Autopsy Evidence, Garcon Weiss
Autopsy Evidence, Garcon Weiss
Cleveland State Law Review
Frequently death results in legal problems, either civil or criminal, the solutions of which depend on the cause of death. The autopsy (necropsy), or post-mortem examination, is the scientific method of determining the cause of death. An autopsy is the careful inspection of the external and internal structures of the body. There are two types of autopsy, the medical autopsy and the medico-legal autopsy. This article is limited to the use of the autopsy for medico-legal purposes, i.e., for obtaining and submitting evidence.
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Cleveland State Law Review
It is to be admitted that the proof of injury, which is directed to the senses, is a most convincing means of proof, and is the best evidence of a material fact, but it is not the fact that such exhibition is material that comes into dispute when such an exhibition is sought to be admitted, rather it is the claimed prejudicial effect of such exhibition, or the possibility that it might be indecent that raises the objection to this form of evidence.