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- Intoxication (8)
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Articles 1 - 30 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.
Copyright And Design Patents - The Common Zone Between, Albert P. Sharpe Iii
Copyright And Design Patents - The Common Zone Between, Albert P. Sharpe Iii
Cleveland State Law Review
The overlapping of our present-day Copyright and Design Patent Laws, apparently initially created by random legislative development and recently aggravated by the decision of the Supreme Court in Mazar v. Stein, has resulted in a legal morass of substantial proportions. The purpose of this paper is to explore briefly the influence which gave rise to this situation, to discuss the present state of the law and its practical impact upon the practicing patent advocate, and finally to review and evaluate proposed legislation, past and present, in an effort to determine the possible course of future developments.
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
Book Review, Walter G. Whitlatch
Book Review, Walter G. Whitlatch
Cleveland State Law Review
Reviewing Sol Rubin, Crime and Juvenile Delinquency, Oceana Inc., 1961, 2d ed.
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.
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.
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Cleveland State Law Review
Mental illness is principally a medical problem, but there are basic legal considerations to be observed, and these considerations should not be impatiently brushed aside as "mere technicalities" of legal procedure. On the other hand, legal provisions relating to hospitalization of mental patients should be viewed by legislators, lawyers, and judicial officials as mechanism for prompt and effective care and treatment, for safeguarding civil rights, and for protecting the community. All these aspects are important and undue concern for one aspect should not work to the detriment of the others. Moreover, in actual practice, no legal provision should defeat the …
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Albert Averbach and Melvin Belli, eds., Tort and Medical Yearbook, Vol. I, Bobbs-Merrill, 1961
New Mediocolegal Standards Of Skill And Care, Howard L. Oleck
New Mediocolegal Standards Of Skill And Care, Howard L. Oleck
Cleveland State Law Review
Changes in medical science bring with them many concomitant changes in medicolegal standards of skill and care. In other words, new knowledge in the sense of pure medicine often requires new legal standards of skill and care in the light of that new knowledge.
Psychological Assessment Of Brain Damage, Bill J. Barkley
Psychological Assessment Of Brain Damage, Bill J. Barkley
Cleveland State Law Review
We need more emphasis upon courses in Forensic Psychology in our law schools as well as in our graduate departments of psychology. The average clinical psychologist shies away from involving himself in cases that might eventually lead to testifying. The psychologist is not trained to answer with a "Yes" or a "No" and therefore is not accustomed to this procedure in the court room. In my estimation it is time that the clinical psychologist is helped to grow up legally, by having a better understanding of forensics, and it is time the legal profession is helped to grow up by …
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.
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Cleveland State Law Review
Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.
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.
Parole Revocation In Ohio, Robert L. Tuma
Parole Revocation In Ohio, Robert L. Tuma
Cleveland State Law Review
Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?
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
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.
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
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, …
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.
Parole Revocation In Ohio, Robert L. Tuma
Parole Revocation In Ohio, Robert L. Tuma
Cleveland State Law Review
Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?
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
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
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 …
Recent Heart Injury Awards, James A. Thomas
Recent Heart Injury Awards, James A. Thomas
Cleveland State Law Review
This survey presents a collection of reported damage awards since the year 1950 for heart injury not resulting in death. Assuming proof of injury and liability, the statement of the case is limited to the amount of damages and elements of the injury relied upon to justify the court's decision. The survey is preceded by a brief treatment of recent trends in appellate court reviews of heart injury damage awards and a short summary of pre-existing heart condition problems.
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.