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Articles 31 - 60 of 66
Full-Text Articles in Law
Privileges And Immunities Of Non-Profit Organizations, Gerard D. Dimarco, Ira O. Kane
Privileges And Immunities Of Non-Profit Organizations, Gerard D. Dimarco, Ira O. Kane
Cleveland State Law Review
"And now abideth, faith home and charity, these three; but the greatest of these is charity." This unsubtle reference to the word charity describes superficially the field of non-profit or not-for-profit corporation law. The objective of this paper is not to delve into the intricacies and complexities of the non-profit area, but rather to make manifest a few of the many privileges and immunities granted to non-profit corporations.
Book Review, Stanley B. Kent
Book Review, Stanley B. Kent
Cleveland State Law Review
Reviewing Melvin L. Seltzer, Understanding Law and Psychiatry, Practising Law Institute, 1969
Judicial Notice Of Modern Youths' Propensity For Fighting, Leona M. Hudak
Judicial Notice Of Modern Youths' Propensity For Fighting, Leona M. Hudak
Cleveland State Law Review
Fighting, which in olden times was admired as valor in youth, has become a crucial contemporary problem of international proportions-the courts have been loath to recognize this phenomenon and to depart from the comfortable refuge of stare decisis by giving redress to plaintiffs injured by the young rebels. Yet the constitutions of most, if not all, the jurisdictions of the United States ironically assure their inhabitants of a remedy for every injury.
Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes
Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes
Cleveland State Law Review
The Ohio courts, in their interpretation of the Workmen's Compensation Law, have attempted to establish clear-cut principles of compensability for the working man when his on-the-job injuries are caused by the forces of nature and acts of God. However, the attempts of the courts to establish rules of compensability fail to provide predictability and consistency. The principles proposed are inadequate to cover all the situations that may arise.
Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach
Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach
Cleveland State Law Review
Workmen's Compensation law is a law of a remedial nature and is liberally construed in all states. In order to avoid the impact of Van Horn and Nemeth, the schools must eliminate any contractual relationship which provides for the rewarding or renewal of scholarship aid only so long as the student plays on the team. If this proviso is eliminated from scholarship awards, the athlete's participation can be characterized under the law as voluntary or merely gratuitous, thereby avoiding the effect of the Workmen's Compensation Act. Should institutions of higher education persist in retaining a contractual employment relationship with their …
Two Cheers For The Supreme Court, Paul A. Freund
Two Cheers For The Supreme Court, Paul A. Freund
Cleveland State Law Review
Text of speech given by Prof. Freund on the occasion of the presentation of the 1969 SCRIBES award for the best book written for laymen as well as lawyers, Law and Justice (Harvard University Press, 1968).
Varying Standards Of Care In Medicine, Charles J. Frankel
Varying Standards Of Care In Medicine, Charles J. Frankel
Cleveland State Law Review
There are many roads to Mecca. Some are more direct and less dangerous, others are fraught with hazards which must be overcome to enable the seasoned traveler to reach his destination. The unwary person may be fortunate and successful; yet he may easily lose his way. So it is in medicine and surgery. In the field of orthopedic surgery I have noted many different approaches to a particular problem. In many instances it is generally agreed that one method is as good as another, depending on individual familiarity with the technique. In other instances there is wide disagreement.
State Legislative Response To The Housing Crisis, Richard E. Streeter, David G. Davies, Arthur V. N. Brooks
State Legislative Response To The Housing Crisis, Richard E. Streeter, David G. Davies, Arthur V. N. Brooks
Cleveland State Law Review
Great public attention has recently been focused on the crisis in housing facing all major urban areas in this country. This article has been prepared to bring close attention to one segment of the hoped for solution-legislative action needed on the state level.
News Of Legal Writers And Writings, Ralph D. Churchill
News Of Legal Writers And Writings, Ralph D. Churchill
Cleveland State Law Review
The Editors of the Cleveland State Law Review are most gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking, particularly this coming year, to direct its efforts towards the general improvement of the quality of writing in the legal profession. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and the Bar.
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
Cleveland State Law Review
There have been considerable charges and counter-charges the United States Food and Drug Administration's role in protecting the consumer, at least as far as the medical profession is concerned. The FDA has absolutely no intention nor desire to assume the role of the physician or to interfere with the bona fide practice of medicine. Why the complaints by some the FDA's actions on drugs, including drug labelling, drug recall and the withdrawal of certain drugs from the market, constitute attempts to interfere with the practice of medicine? It is possible that one of the reasons, and perhaps the principal one, …
Rx For Malpractice, Albert Averbach
Rx For Malpractice, Albert Averbach
Cleveland State Law Review
Every tragedy that becomes the subject of extensive coverage by the news media shortly turns into a focal point of malpractice litigation. This, of course, is inevitable and will ever be thus. Doctors for many years have been "spoon fed" stories and warnings about malpractice suits and hazards. Nothing, however, has been constructively advocated as to how this tide can be stemmed or what can be done in the face of it. Some years ago, Mark Twain wrote, "Everybody talks about the weather, but nobody does anything about it." It is our objective in this article to not only alert …
Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina
Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina
Cleveland State Law Review
Though shipments by truck or rail are usually interstate or intrastate, many such shipments traverse the Mexican and Canadian borders or involve delivery from or to an ocean vessel for international transshipment. The federal laws which set out the liability of a carrier for interstate shipments are known as the Carmack Amendment and the Cummins Acts. This article will deal with the regulation of the so-called "International Shipment." A myriad of problems arises in the determination of what law is applicable to a shipment that either originated in or is destined for a foreign nation. Though the Federal statute itself …
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Cleveland State Law Review
In this paper we examine usury laws which thwart the thrift industry, particularly savings and loan associations, from entering fully into the needed home financing picture of the 1970's. If there is virtue in owning a home, be it a normal house, mobile home, condominium or a 99-year leasehold, (and the very basis of American life suggests that there is), and if the predicted housing boom is actually to occur, substantial changes should be made in laws which frustrate home financing.
History Of Arbitration Practice And Law, Frank D. Emerson
History Of Arbitration Practice And Law, Frank D. Emerson
Cleveland State Law Review
Long before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the resolving of discord, the adjustment of differences, and the settlement of disputes. It is important to recall the early uses of arbitration at this time when, in the midst of a rising tide of controversy, doubts arise. Arbitration is sometimes thought to be something new, untried, and hazardous to good public relations; or its organization seems to be detrimental to judicial institutions that seem older, but are in reality next-of-kin.
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Cleveland State Law Review
No amount of care can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some timehonored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legislature could consider statutory improvements. It would be more fair and equitable if extraordinary …
Book Review, C. Ellen Connally
Book Review, C. Ellen Connally
Cleveland State Law Review
Review of Robert E. Keeton, Venturing to do Justice, Harvard University Press, 1969
Clinical Experience And The College Work-Study Program, James T. Flaherty
Clinical Experience And The College Work-Study Program, James T. Flaherty
Cleveland State Law Review
Mark Twain is often quoted as the source of the remark that "Everybody talks about the weather, but nobody does anything about it." This quotation is appropriately used for many problems exclusive of the weather. It can also be applied to law school clinical experience and financial aid problems. As applied to weather and clinical programs, the quotation is not always quite accurate, as another often-quoted saying has been equally applicable: "It is better to light a candle than to curse the darkness." Without question, many candles have been lighted in the clinical area. It is the purpose of this …
Foundations: Organization And Operation, Alexander Brodsky, Harry E. Brodsky
Foundations: Organization And Operation, Alexander Brodsky, Harry E. Brodsky
Cleveland State Law Review
As lawyers we can anticipate much activity in new litigation challenging foundations for misuse and abuse of their privileged existence.Foundations themselves must demonstrate their sense of responsibility to the public. The problem of accountability is of prime all philanthropic foundations.To accomplish these objectives we must, as Professor Sacks presented the question, search for the ideal methods for maintaining (calls) "the delicate balance of public ends and private means that ismbodied in the charitable foundation."
State Tax Exemptions Of Non-Profit Organizations, Carroll H. Sierk
State Tax Exemptions Of Non-Profit Organizations, Carroll H. Sierk
Cleveland State Law Review
Of the several different types of taxes which need to be discussed, perhaps the real property tax is the most important. The real exemption area currently seems to be where most of the action is, most of the legislative activity and most of the significant litigation. Of lesser importance is the personal property tax. With regard to sales and use taxes, we have two separate exemption areas. The first is that of sales totally exempt because made to charitable organizations. The second is that of sales exempt because made by non-profit organizations. The matter of income tax exemptions under the …
Federal Taxation And Non-Profit Organizations, Marcus Schoenfeld
Federal Taxation And Non-Profit Organizations, Marcus Schoenfeld
Cleveland State Law Review
The Revenue Act of 1969 is one of the greatest overall changes in the revenue laws since the introduction of the federal income tax . Perhaps the most extensive changes were made in the area of tax-exempt organizations. Only some of these changes were within of the topic of this presentation, and some of the other changes in the "charitable" area merit great discussion-for example charitable remainder trusts. Even the topics discussed herein, of necessity were discussed briefly due to lack of time and Regulations. The full the 1969 Act on non-profit organizations will not be apparent for quite some …
State Administration Of Charities, Richard E. Friedman
State Administration Of Charities, Richard E. Friedman
Cleveland State Law Review
My remarks will be limited to state administration of the charitable trusts and charitable organizations. Charities are quasi-public in nature. They perform many valuable services to the community which may otherwise be performed by governmental agencies. Because of these high public purposes charitable organizations are granted special treatment in terms of tax exemptions, and tax deductions for contributions. The definition of charity gleaned from case law is very broad, and in recent years the definition has tended to become even broader. Virtually any undertaking which may benefit the public can fall under the very broad umbrella of charities.
The Not-For-Profit Business Corporation, James K. Weeks
The Not-For-Profit Business Corporation, James K. Weeks
Cleveland State Law Review
The Non-Profit Corporation is usually regarded traditionally from a lay and legal viewpoint as one being engaged in charitable, educational, scientific or social work or a religious endeavor. On the other hand, the Not-for-Profit Corporation is more often engaged in enterprises usually associated with functions of a business corporation. However, as soon as one begins to view these corporations from a definitional standpoint, one is bogged down in an incredibly complicated procedure which does little to clarify the confusion.
Relocation Of Publicly Supported Charitable Organizations, Deborah C. Goshien
Relocation Of Publicly Supported Charitable Organizations, Deborah C. Goshien
Cleveland State Law Review
Is a donor powerless to prevent a charitable hospital from moving to another county after he has contributed substantially to its building fund? Surprisingly enough, the answer to this question may be "yes." It has been said that the community's interest is evident when charitable monies come from direct public contributions, and that even if no trust is found a charitable corporation must use a gift for the purpose intended. Yet general expressions of what "should be" or what "is right" are insufficient guidelines for proper enforcement of fiduciary duties, and there has been much confusion in the administration and …
Parking Lots And Personal Injuries, Theodore V. Boyd
Parking Lots And Personal Injuries, Theodore V. Boyd
Cleveland State Law Review
When a negligent injury occurs as a result of an encounter with obstacles in a parking lot, the question presented is who, if anyone, is liable for the injury. This article will examine the current state of the law pertinent to the question of liability and discuss the adequacy of that law.
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Cleveland State Law Review
Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …
Insurance Subrogation In Auto Medical Payments Coverage, Walter A. Rodgers
Insurance Subrogation In Auto Medical Payments Coverage, Walter A. Rodgers
Cleveland State Law Review
It is unnecessary to elaborate on the other major differences between the two policies as this study will be confined to a discussion of the provisions of the Medical Payments Coverage with an analysis of the treatment these provisions have received by various courts, and more particularly, to resolving the question of whether the subrogation of medical expenses by automobile insurers is an assignment of a bodily injury claim.
Icc Jurisdiction Of Great Lakes Rail-Water Competition, Arthur E. Miller
Icc Jurisdiction Of Great Lakes Rail-Water Competition, Arthur E. Miller
Cleveland State Law Review
The regulatory framework surrounding the transportation industry is complex and the absence of any easy resolution of contemporary problems fostered by competitive abuse can be appreciated only by viewing the development and application of administrative powers initiated by the Act to Regulate Commerce.Although the Interstate Commerce Commission has supervised the competitive arena , the age and condition of the Great Lakes fleet manifests water carrier inability to overcome railroad economic power. The viability and future existence of the Great Lakes water carrier could well be determined by a Commission decision in a in a current coal case which represents the …
The Development Of French Law, Rene De Chambrun
The Development Of French Law, Rene De Chambrun
Cleveland State Law Review
Feeling the political necessity of building a strongly unified nation, the Revolution standardized the territorial administration by redividing the country into new administrative units, the "departments," thereby breaking up the former provinces which had long fought for their administrative and judicial autonomy, and by undertaking the abolition of regulations restricted to any particular part of the country or of the population. The fundamental result of today's administrative and territorial organization is that this unitary system over the whole territory places all citizens under the same law.
Book Review, Arnold H. Sutin
Book Review, Arnold H. Sutin
Cleveland State Law Review
Reviewing Milton Kotler, Neighborhood Government: The Local Foundations of Political Life, Bobbs-Merrill Co., 1969
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Cleveland State Law Review
Except in California, uninsured motorist statutes do not provide for any specified period within which the injured must file his damages. The uninsured motorist coverage clauses in policies have likewise been silent on the subject .A controversy has arisen as to whether the (usually) shorter negligence (tort) statute of limitations or the longer contract time limit governs. The controversy can be readily resolved: either the insurers express a specific time period in their uninsured motorist endorsements within which their injured insureds must file their complaints; or state legislatures should amend their uninsured motorist coverage statutes to contain such express provision, …