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Articles 31 - 54 of 54
Full-Text Articles in Law
Bequests For Religious Services, James T. Brennan
Bequests For Religious Services, James T. Brennan
Cleveland State Law Review
The dedication of property for the saying of Masses or Kaddish atYahrzeit is a charitable use. The funds directed to be employed for these purposes aid the advancement of the Roman Catholic and Jewish religions to the same extent as other gifts to religious organizations of these faiths. In addition, the religious doctrines of these faiths declare that the religious services benefit the entire community and not merely the decedent remembered in the service. Probably, however, it would be best for courts to avoid the theological thicket in deciding whether or not a dedication of property for religious services is …
The Law, The Lawyers, And The Writers, L. Neille Shoemaker
The Law, The Lawyers, And The Writers, L. Neille Shoemaker
Cleveland State Law Review
The great writers have one thing in common-they castigate the human race, including themselves, the frailties of mankind, and his noble institutions. Law and the lawyers have suffered at the hands of the writers. The doctors have suffered even more. Most rulers, if they lived long enough, have been the subject of satire, caricatures, exposure, or castigation. The church and churchmen have also suffered. The principal subject matter of satire over the centuries has been the Church. ... Because of this general emphasis on soiled humanity, the legal profession need not feel alone as it finds itself the subject matter …
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
Cleveland State Law Review
In preparing this note, the author has drawn on his personal court room experiences and has attempted to provide some insight into what he feels to be the reasons why jury verdicts in personal injury cases have been, and for the foreseeable future will be, increasing in dollar amounts. Only indirectly will it treat the area of a plaintiff's increased opportunities for a verdict in his favor.
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Cleveland State Law Review
There is no mystery in the language which courts from time immemorial expressed in an attempt to explain when they will interfere with a verdict which has been challenged on the grounds of either excessiveness or inadequacy. Lip service is given to the rule that the size of the verdict alone is not the criteria for interference with the verdict of a jury. The usual language is that excessiveness or inadequacy, to warrant interference, must evince or carry an implication of passion or prejudice, corruption, partiality, improper influences, or the like. An analysis of the decisions, however, justifies "the conclusion …
Editor's Preface To The Symposium, Nancy F. Halliday
Editor's Preface To The Symposium, Nancy F. Halliday
Cleveland State Law Review
It is intended that this symposium be beneficial not only to practicing attorneys dealing with specific problem areas of workmen's compensation, but also to workmen's compensation administrators and progressive state legislators in their efforts to improve the protection afforded both to labor and to industry.
The Hospital's New Responsibility, Arthur F. Southwick
The Hospital's New Responsibility, Arthur F. Southwick
Cleveland State Law Review
The focus for this discussion is the hospital as a corporate institution and its liability for injuries caused a patient or visitor. The fundamental question is: What legal duties does the hospital and its personnel owe the patient or the visitor? To attempt an answer to this question one must first have an understanding of the role and nature of a hospital in modern society.
Non-Litigation Proceedings Before Administrative Agencies, Matthew J. Koch
Non-Litigation Proceedings Before Administrative Agencies, Matthew J. Koch
Cleveland State Law Review
The expanding size and burgeoning complexity of the federal, state, and local governments accompanied by a corresponding increase in the administrative agencies of each branch of government, have created new and perplexing problems for the attorney, whether he be in private practice, or house counsel for a large company. By necessity, the attorney is called upon to pursue and solve problems outside of the judicial branch of the government. In order to attack these problems, it is necessary to know what constitutes an administrative agency, and what constitutes administrative law.
Franchising As A Device For The Organization, Financing, Control, And Growth Of The Small Business, John Clinton Evans Jr.
Franchising As A Device For The Organization, Financing, Control, And Growth Of The Small Business, John Clinton Evans Jr.
Cleveland State Law Review
The franchise system of distribution of goods and services is playing an increasing role in our economy. One marketing authority distinguishes between the product franchise and the franchise of an entire business entity in terms of the role played by each in our complex marketing system of today. Product franchises are given to a few selected dealers in a community, and the distribution of the product is limited to these outlets alone. The other meaning of franchise, as a method of operating an entire business will concern us here.
Trends In Damage Awards For Spinal Injuries, Vivian Solganik
Trends In Damage Awards For Spinal Injuries, Vivian Solganik
Cleveland State Law Review
This survey covers the years of 1965, 1966 and 1967. Cases have been grouped into injuries to vertebrae, injuries to intervertebral discs, aggravation of pre-existing injuries, and other spinal injuries, and then subdivided by year. The discussion is limited to injuries of the thoracic,lumbar and pelvic (sacrum and coccyx) segments and of the spinal cord. Cases dealing with injuries of muscles, tendons, and ligaments, including sprains and strains, have not been included.
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Cleveland State Law Review
At one time, if a physician could find no objective evidence of disability, an employee usually lost his workmen's compensation case. If the x-ray and the electroencephalogram were negative, if no muscle spasm were present, if the diminished sensation to pinprick followed no anatomical pattern-if the doctors could find nothing in the examination to substantiate the employee's complaints of pain-the decision invariably found the employee was malingering. Compensation was denied. Toward the middle of this century, psychiatry began to offer some explanations.
Wife's Action For Loss Of Consortium, Keith E. Spero
Wife's Action For Loss Of Consortium, Keith E. Spero
Cleveland State Law Review
Legal writers have long maintained that a wife should be allowed to bring an action for loss of consortium, even though the injury to her husband was due to the negligence-as opposed to the intentional misconduct-of the defendant. Most courts have traditionally held, however, that a wife has no such cause of action, advancing such reasons as a fear that the injury to the wife is too remote or indirect, that to allow the action would result in a double recovery to husband and wife for the same injury, and that since a wife has no legal right to her …
Horseplay By Employees, Howard L. Oleck
Horseplay By Employees, Howard L. Oleck
Cleveland State Law Review
A principal type of practical joke (horseplay) injury is that caused by workmen trying to lighten the dull routine of work by playful funmaking. This involves the well established liability of a master for the torts of his servant done in the course and scope of the employment. It also involves the well-known limitation on respondeat superior that results when an employee in effect abandons his employment by making a detour from his business route, or by engaging in "a frolic of his own." This body of law has been greatly limited and changed (but not totally abolished) by enactment …
Workmen's Compensation Denied: A Reply, Harold Ticktin
Workmen's Compensation Denied: A Reply, Harold Ticktin
Cleveland State Law Review
A reader of the January 1968 Symposium on Workmen's Compensation in the Cleveland-Marshall Law Review would be badly misled if he took the titles of the two articles by Messrs. Krise and Keller at face value.' While purportedly about appeals and recommended changes in the Ohio Workmen's Compensation law, these articles are in fact attacks on attorneys who represent claimants in workmen's compensation controversies.
Book Review, Neil K. Evans
Book Review, Neil K. Evans
Cleveland State Law Review
Reviewing Jacob W.Landynski, Search and Seizure and the Supreme Court, Johns-Hopkins Press, 1966
Drafting And Use Of Opinion Letters Of Counsel, Linn J. Raney
Drafting And Use Of Opinion Letters Of Counsel, Linn J. Raney
Cleveland State Law Review
This article outlines the kinds of opinions which counsel may render to a non-client via letter, the functions of such opinions in a transaction, and the preparation of opinion letters in view of the possibility of counsel's liability thereon to a non-client party. Material for the article was obtained in part from interviews with a number of individuals familiar with transactions commonly involving opinion letters and more particularly transactions wherein opinion letters are transmitted to non-clients for their reliance.
Mechanical Testimony, David J. Portmann
Mechanical Testimony, David J. Portmann
Cleveland State Law Review
This article deals with the familiar conflict of people versus machines, in considering the legal question of whether a machine can testify against an accused. It is a generally accepted principle that a person's physical appearance and characteristics are admissible in court as evidence for the purpose of identification. There is no general rule, however, which specifies what factors constitute a person's physical characteristics, and a problem arises when the courts must determine whether an accused's self-incrimination privilege is being abridged.
Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder
Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder
Cleveland State Law Review
The "Cloak of Protection encompassing the physician in the practice of his profession" is no longer to be taken for granted. Recent decisions in Alaska, California, Louisiana, Oregon, and Wisconsin have swept aside the traditional limitations in the use of the res ipsa loquitur doctrine. They impose all but strict liability upon the medical profession for mistakes occurring during treatment or surgery.
Damages In Wrongful Death Actions, Stanley B. Kent
Damages In Wrongful Death Actions, Stanley B. Kent
Cleveland State Law Review
It is an ancient truth that the tort law is amoral in the sense that the degree of culpability of the defendant, assuming, of course, there is any culpability at all, is not a factor in determining damages. Nowhere is this better illustrated than in wrongful death cases where the jury is admonished to fix damages solely on the basis of the "pecuniary injury" that the survivors suffered as the result of the death.' Although this instruction represents the application to death cases of the compensation theory that is so familiar in ordinary injury cases, it seems almost inhumane in …
Fair And Reasonable Attorney Fees, Jack Griesmar
Fair And Reasonable Attorney Fees, Jack Griesmar
Cleveland State Law Review
The beginning of each attorney and client relationship places the attorney in a position of having to determine the worth of his service for the particular work required of him, in order that he may do the "job" for this particular client. The attorney has invested a great deal of time and expense in developing his skills in the area of the law. He is given the right to charge for the service which he can render by the state or states in which he is licensed to practice his trade. The question then presents itself: What is a fair …
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Cleveland State Law Review
The title of this article is perhaps somewhat misleading. Do third party actions expand employees remedies? Such actions arise out of provisions of our state and federal workmen's compensation laws granting an employer or his insurer the right to sue any person or persons who cause the injury to his employee. Also, third party actions arise under statutes granting the injured employee the right to sue the tort-feasor without loss of recourse against the employer. Third party actions do constitute an expanding remedy for the employer and his insurer; it is generally conceded that without a statutory provision the right …
Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick
Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick
Cleveland State Law Review
This article will discuss the question of whether third parties may bring an action for damages against those who deprive another of his civil rights. The related question, resulting from the second cause of action in the Napolitano case, of whether one may recover for the mental anguish caused by the denial of another's civil rights will also be considered. Although the question is concerned with damage actions, cases in which injunctive relief was asked are helpful in studying the principle involved. Relief has been granted in these cases much more readily than in damage actions, possibly because the equitable …
Opinions Of Counsel: Responsibilities And Liabilities, Gaspare A. Corso Jr.
Opinions Of Counsel: Responsibilities And Liabilities, Gaspare A. Corso Jr.
Cleveland State Law Review
I have surveyed the views of lawyers and laymen in an effort to ascertain: what lawyers intend their opinion letters to be, what clients expect when they request opinion letters, and what is expected by various governmental agencies from lawyers representing clients before such agencies.
Section 303 Stock Repurchase Vs. Accumulated Earnings Tax, Mel J. Massey Jr.
Section 303 Stock Repurchase Vs. Accumulated Earnings Tax, Mel J. Massey Jr.
Cleveland State Law Review
This article looks into the situation in which Section 303 is beign planned for use in a corporation that is over-capitalized. "Under its provisions the stockholder of a closely held corporation can look to the corporation to purchase sufficient shares of his stock in order to permit his executor to pay estate and inheritance taxes, executor's and attorney's fees and funeral expenses. The asset, his stock in the closed corporation, which has chiefly caused this stockholder's estate problem, will be used to solve it."
Minority Interests In Small Business Entities, John W. Hancock
Minority Interests In Small Business Entities, John W. Hancock
Cleveland State Law Review
While the subject matter of this article calls for the examination of certain aspects of "small business entities," the focus here will be almost exclusively upon partnerships and corporations. Most other types of entities are not particularly advantageous vis-avis corporations and partnerships for the active operation of a commercial or industrial enterprise.