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Articles 1 - 30 of 67
Full-Text Articles in Law
Competition As A Means Of Regulating Insurance, Jason C. Blackford
Competition As A Means Of Regulating Insurance, Jason C. Blackford
Cleveland State Law Review
The sole thesis of this paper is that competition among insurers, tempered by state supervision of their financial control, is a workable alternative to active state control of the business of insurance. It is not the purpose of this analysis to question the basic concept and the workability of affirmative government control of insurance. To test this thesis, a case study will be made of the rating process used in the business of automobile liability insurance in the State of Ohio.
Statutes Of Limitations In Legal Malpractice, Norman T. Baxter
Statutes Of Limitations In Legal Malpractice, Norman T. Baxter
Cleveland State Law Review
It becomes apparent from an analysis of cases and law that many jurisdictions, when using the term malpractice, limit the term strictly to physicians and surgeons. It is not so much the fact that legal malpractice is excluded from the term malpractice but rather that it is never even mentioned. Since legal malpractice appears to be a matter of state definition it would seem that perhaps the best approach to understanding legal malpractice would be to examine (as typical) the statutes of three of our leading states, to see what is the present status of their laws on the subject.
Public Relations, Law, And Environmental Pollution, Barbara L. Schoonover, David J. Sherriff
Public Relations, Law, And Environmental Pollution, Barbara L. Schoonover, David J. Sherriff
Cleveland State Law Review
In public relations, however, the relationship is a complementary one, in which the law acts as the formulator of the rules of society and public relations serves as the interpreter of them to the people. Beyond that, public relations often can support the law by creating an atmosphere in which the law can more effectively perform its function of protecting the people and preserving the health of society. Perhaps nowhere is this more evident than in the area of air and water pollution control.
Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips
Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips
Cleveland State Law Review
The law of music copyright, although now quite old, is still relatively young in its development and refinement when compared to other segments of the copyright law. The impediment in its progress is partially due to the technicalities inherent in the discipline itself, and also to the lack of musical sophistication on the part of most law making bodies. Modern day electronic developments in recording and storing sound will do much to facilitate and broaden the scope of the law. Its implementation through a Music-Legal Board of Experts could be the effective step needed in order to overcome the present …
Defective Automobiles And The U.C.C., William T. Stanley Jr.
Defective Automobiles And The U.C.C., William T. Stanley Jr.
Cleveland State Law Review
The automobile warranty disclaimer today is the subject of much controversy and abuse, often with good reason. The automobile purchaser has long suffered from being on the sticky end of a contract of adhesion. Those who own automobiles have all too often had unpleasant experiences with patent flaws, latent defects and shoddy repairs. But sympathy is generally coming to lie with the "aggrieved" buyer, and the warranty disclaimer is now under siege. Two interrelated topics will be covered in this discussion: warranty disclaimers under Henningsen v. Bloomfield Motors and under the Uniform Commercial Code (hereinafter referred to as "Code"); and …
Book Review, William Tabac
Book Review, William Tabac
Cleveland State Law Review
Reviewing Louis B. Heller, Do You Solemnly Swear? Doubleday & Co., Inc., 1968
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Cleveland State Law Review
The primary legal concern of the pharmacist has been and continues to be in the field of negligence. With the increasing legal awareness of society, however, it becomes imperative to examine what liabilities may arise under the U.C.C. The main objective of this paper is to explore the possible areas of liability that may arise under the Code in the sale of patent medicines by the pharmacist.
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Cleveland State Law Review
What factors have influenced the courts in the development of their current attitude toward hospitals? Are the emerging concepts reasonable, or are they indicia of a pendulum swinging too far in the direction of the patient? What are the consequences for the nurse? These are the questions to which the ensuing treatment of one aspect of tort liability is addressed.
School Student Dress And Appearance Regulations, Marvin R. Plasco
School Student Dress And Appearance Regulations, Marvin R. Plasco
Cleveland State Law Review
Until recently, the general public and the legal profession have had little concern about the civil rights of the individual student in our public educational system. The student has been forced to fight his own battle against school regulations and penalties and the procedures by which these regulations have been enforced. The result often has been the loss of some of his personal freedoms.The right of the public school system to establish dress and appearance regulations, and the right of the student to dress as he desires, have brought the conflict to the foreground.
The Military And The Law, James K. Gaynor
The Military And The Law, James K. Gaynor
Cleveland State Law Review
Military law is the law which governs members of the Armed Services and, to some extent, the relations of other persons with the Armed Services. Military law often is thought of as synonymous with court-martial, but that is not correct. The number of people who will be involved in a court-martial during a year-either as an accused, or as one having duties in connection with a court-likely will be less than two percent of any large military organization. Members of the military service, however, are involved with military law every day in the year. It governs the way in which …
Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan
Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan
Cleveland State Law Review
A recent Federal District Court case , Grove Press, Inc. v. Collector's Publication, Inc., illustrates another attempt by our judiciary to find its way out of the immense entanglement of copyright infringement in statutory law and unfair competition in common law besetting properties in the public domain. Two 1964 United States Supreme Court decisions have further complicated the positions of both creators and judiciary.
Credibility Gap In Judicial Review Of Administrative Determinations, Morris D. Forkosch
Credibility Gap In Judicial Review Of Administrative Determinations, Morris D. Forkosch
Cleveland State Law Review
The increasing credibility gap in, and judicial review of, administrative determinations is a resultant of agency and judicial misunderstanding and language. Briefly, an examiner's intermediate report ordinarily evaluates the witnesses' demeanor, conduct, believability and credibility before accepting as true certain of their testimony, upon which findings of fact may now be based. Subsequently, the agency has the opportunity to exercise its statutory power to adopt, modify, or reject these findings. Thereafter, on judicial review, the court's whole record approach takes into account as a factor and scrutinizes any examiner agency disagreement as to findings of fact in determining whether substantial …
Befehl 1st Befehl, James K. Weeks
Befehl 1st Befehl, James K. Weeks
Cleveland State Law Review
Over the years educators have railed against poor scholarship, lack of interest, poor grammar and the general incompetence or ineptness of students. Many of these criticisms were correctly laid at the door of students. The attitudes developed early in life, nurtured in elementary and secondary schools and ripened in undergraduate colleges and universities, were often harvested by the graduate schools. These attitudes, good or bad but more often merely neutral, would supply a list of almost inexhaustible possibilities. It is this writer's purpose to focus in on four which, because of their influence upon law students, can be carried on …
Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco
Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco
Cleveland State Law Review
The rights of an accused to a fair trial, and freedom of the press, both are fundamental rights guaranteed by the Federal Constitution. Yet these constitutional guarantees, in collision, present one of the most critical current conflicts in the administration of criminal justice. The problem involves what is presently called "prejudicial news reporting" -news which is prejudicial to the right of the defendant to a fair trial. This paper will try to analyze this conflict, hoping to reach some conclusions which will ultimately aid in the administration of justice without abridging the rights of any parties involved.
Book Review, Philip J. Bourne
Book Review, Philip J. Bourne
Cleveland State Law Review
Reviewing Charles Kramer, The Negligent Doctor, Crown Publishers Inc., 1968
Real Property Inventory And Management System For Municipal Law Departments, Jeffrey A. Rich
Real Property Inventory And Management System For Municipal Law Departments, Jeffrey A. Rich
Cleveland State Law Review
Inventory management of city-owned real property may be defined as the recording and maintenance of information on the acquisition, identification, location, value, condition, and disposition of each parcel of such property, including the use of this property information for management decisions.Most cities own thousands or millions of dollars worth of real property. Few, however, have an accurate inventory and management system enabling them to identify and account for their holdings. Just as individuals and corporations want to know what they own in order to obtain a clear picture of their assets, a city must also maintain records to document its …
The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo
The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo
Cleveland State Law Review
An artisan who furnishes labor and materials for the repair of chattel property has a valid common law lien upon such property for the reasonable value of his labor and materials while he retains possession of the property. A common law lien has been defined as a right extended to a person to retain that which is in his possession belonging to another, until the demand or charge of the person in possession is paid or satisfied.
Book Review, Albert Averbach
Book Review, Albert Averbach
Cleveland State Law Review
Reviewing Elliot L. Sagall and Barry C. Reed, The Heart and the Law, McMillan, 1968
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Cleveland State Law Review
It has long been recognized that a privilege to act is a perfect defense to liability for a non-consensual, intentional interference with another person. This privilege is based upon self defense, defense of third persons, mistake, or various other recognized legal theories. Even a state may have a privilege to interfere with the person of a citizen, and this privilege may extend to an interference to provide an infant citizen with medical care without the consent of, or against the express wishes of, the parent or guardian.
Legal Implications Of Cryonics, Daniel R. Spector
Legal Implications Of Cryonics, Daniel R. Spector
Cleveland State Law Review
Cryogenics is the science that deals with the production of very low temperatures and their effect on the properties of matter. The visual aspects of experiments in this field are fascinating. The practical aspects seem, at first glance, to be of considerably less consequence. However, this feeling of indifference does not arise as we ponder the ramifications of freezing one class of inanimate objects: dead human bodies. This is the realm of a more specific and indeed very new branch of cryogenics, namely, cryonics.
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
Cleveland State Law Review
This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.
Aesthetics And The Police Power, Robert J. Dicello
Aesthetics And The Police Power, Robert J. Dicello
Cleveland State Law Review
Under the Ohio Constitution municipalities have the authority to exercise all powers of local self-government. This authority is exercised through police power which is sufficient to support the enactment and enforcement of a wide variety of regulations which serve the public welfare. The police power, then, is the means whereby there is delegated by the state to the municipality effective power to promote and protect the general welfare. The purpose of any enforceable ordinance established under the police power must be directly related to the general welfare of the community wherein it operates.
Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson
Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson
Cleveland State Law Review
Proof of actual malice, or even establishing that an attack in ridicule bears no relation to public conduct, seems at best, extremely difficult to bring out. The public interest in protecting itself, through criticism of those in prominence, weighs much more heavily on the scales of justice than does the interest of public figures in protecting themselves from personal attack. So go ahead and draw your cartoons, Conrad. Keep sticking pins in the kewpie dolls of America, Art Buchwald. And tell it like it is, Pogo.
Industrial Engineering And The Law, Robert E. Walker, Robert A. Fein
Industrial Engineering And The Law, Robert E. Walker, Robert A. Fein
Cleveland State Law Review
BOOM BACKLASH made recent headlines in the May 26th issue of The Wall Street Journal. The sub-heading, "Efficiency Falls and Pay Training Costs Increase as Labor Supply Shrinks" delves into the heart of industrial engineering. This represents, also, an expansive and enigmatic economic problem which is now confronting employers in northern Ohio and western Pennsylvania. It is the job of the industrial engineer to deal with the resulting problems of decreased productivity, contract erosion, and unbalanced labor relations.
Abortion Laws: The Perplexing Problem, Carl E. Wasmuth, Kenet E. Chareau
Abortion Laws: The Perplexing Problem, Carl E. Wasmuth, Kenet E. Chareau
Cleveland State Law Review
This note presents a brief history of the common law relating to abortion, a definition of the current problem, and proposals for reform of the abortion laws.
Lawyers And Legislatures, John C. Mcdonald, James S. Turner
Lawyers And Legislatures, John C. Mcdonald, James S. Turner
Cleveland State Law Review
Throughout its history, this nation and this state have had to depend in large part on the ability of its lawyers for effective legislative action. At a time when the State legislature is dealing with billions of dollars and millions of lives, it is even more crucial that the organized bar involve itself intimately in the daily legislative activities of Ohio. Lawyers working through the legislature have an important part to play in improving the lives of Ohioans.
Retirement Plans For Self-Employed Individuals, Doris R. Hauth
Retirement Plans For Self-Employed Individuals, Doris R. Hauth
Cleveland State Law Review
The self-employed individual has not yet gained the status of the corporate employee in his ability to defer income, but the Keogh Act, asamended in 1967, does afford him substantial tax savings. The benefits should be thoroughly considered by all who qualify.
Book Review, James B. Boskey
Book Review, James B. Boskey
Cleveland State Law Review
Reviewing Paul A. Freund, On Law and Justice, Harvard Univ. Press, 1968
Master's Defamation Of His Servant, Charles A. Caruso
Master's Defamation Of His Servant, Charles A. Caruso
Cleveland State Law Review
The question now arises, as it does so frequently when one right must be held in balance against another, is one's right to unconditionally utter any statement he so wishes subservient to another's right to a reputation free from the impairments of defamation? The question has lost its youth along with the First Amendment of the United States Constitution; yet the decisions and authority, as to which right is the more fundamental and which should be subrogated to which, are still widely divided.
Then And Now: A Bit Of Autobiography And An Argument, Vernon X. Miller
Then And Now: A Bit Of Autobiography And An Argument, Vernon X. Miller
Cleveland State Law Review
I am old enough to give my younger colleagues (and a few of my contemporaries) some advice. Study the 1920's. They were a law teachers' decade. Even you, honestly sophisticated as you are, can find out how the profession got to where it is. No one of us can afford to stop growing. The profession needs you as lawyers because the profession is under siege. The university schools need you as lawyers because the schools just could forfeit their power in the profession.