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Articles 1 - 30 of 60
Full-Text Articles in Law
Statute Of Frauds And Land Transactions, Brendan F. Brown
Statute Of Frauds And Land Transactions, Brendan F. Brown
Cleveland State Law Review
The English Parliament enacted the Statute of Frauds in 1676 "for the prevention of many fraudulent practices which are commonly endeavoured to be upheld by perjury and subornation of perjury." It became effective the following year. These practices had become common as a result of the confusion, turmoil, and lawlessness which had accompanied and followed the English Civil War and the Restoration. They were peculiarly common in those categories of transactions which were included within the formalism prescribed by the Statute. Those categories related to land transactions, and to certain types of agreements involving personal property.
The Problem Of Group Defamation, Tom C. Clark
The Problem Of Group Defamation, Tom C. Clark
Cleveland State Law Review
It is my hope that the work of this symposium will contribute much to an understanding of the problems of group libel. But we cannot expect the judicial process to control such utterances. Heads get too hot and evil is too rampant. The final control must await the elimination of the three I's of this evil: Intolerance, Ignorance and Ignobility. They can be destroyed. They are not the inevitable results of increased social intercourse. They are not inherited- they are acquired. They cannot be legislated or decreed into the hearts and minds of men. It is for us- in the …
Hunting Accident Liability, Vincent A. Feudo
Hunting Accident Liability, Vincent A. Feudo
Cleveland State Law Review
Increased interest in hunting for pleasure has led to an increased number of mishaps. Recent statistics show one injury for every 7,800 hunters, with one in every five or six fatal. From early to more recent cases it has generally been held that where one is not negligent in the handling of his weapon he is not liable. But "ordinary care" while hunting means a high degree of care, due to the inherent nature of the sport.
Malpractice In Dental Anesthesiology, Allen L. Perry
Malpractice In Dental Anesthesiology, Allen L. Perry
Cleveland State Law Review
Cases invovlving dental anesthesia reveal that breaches of the duty to use proper skill and care have occurred in selection of the type of anesthetic, method of administration, failure to examine the patient, use of unsterile instruments, failure to use safety devices, and failure to properly care for patients under the influence of anesthesia. Persons practicing dental anesthesiology, like those pracing medicine and surgery, must be duly able and careful. This rule is elementary and is founded on considerations of public policy. Whenever the behavior of a dentist or dental anesthesiologist has been of a nature such that a dereliction …
Finger-Tip Injuries, D. C. Robertson
Finger-Tip Injuries, D. C. Robertson
Cleveland State Law Review
Finger-tip injuries are among the most common injuries which have to be dealt with in emergency departments.They present a variety of problems which can be treated in different ways. This paper will present a variety of these injuries and discuss the treatment of each of them.
Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold
Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold
Cleveland State Law Review
The purpose of this note is to gather and analyze legal cases which have involved diseases characterized by the courts or medical witnesses as being of obscure etiology or in which the role of trauma is uncertain. Basic to this discussion is an understanding of the concepts of causation, precipitation and aggravation as they are used both legally and medically.
Hyperbaric Oxygen Chambers: Medicolegal Aspects, Carl E. Wasmuth, John Homi
Hyperbaric Oxygen Chambers: Medicolegal Aspects, Carl E. Wasmuth, John Homi
Cleveland State Law Review
The installation and utilization of the hyperbaric facility for the administration of oxygen to patients under increased atmospheric pressures presents several legal problems.
Group Defamation In The U. S. A., James Jay Brown, Carl L. Stern
Group Defamation In The U. S. A., James Jay Brown, Carl L. Stern
Cleveland State Law Review
The difficulties faced by the group defamation victim are obvious on paper and terrifying in reality. In merely defending his reputation, he is confronted by unprovable issues and, as will be pointed out, is bludgeoned in court by a history of "rational-reasonable" civil and criminal precedents. A brief outline of this paradox is set out here, but the question still remains whether the civil-common law or our legislatures have an answer to this unbelievable legal .
Fraud In Realty Transactions, David S. Lake
Fraud In Realty Transactions, David S. Lake
Cleveland State Law Review
In real estate transactions, the law will protect the innocent, unwary, and sometimes stupid, buyer from fraud, misrepresentation and deceit. This article presents a summary of that law, categorized according to the specific matter misrepresented (i.e., misrepresentations of value, income, size or quantity, and condition or quality).
Court Of Justice Of The European Communities, Frans Van Heemstra, Guy Suermondt
Court Of Justice Of The European Communities, Frans Van Heemstra, Guy Suermondt
Cleveland State Law Review
The decisions of the Court under the Rome Treaty cover only a period of two years and any conclusions must therefore be cautious. One can discern, however, a tendency, continuing the trend under the ECCS Treaty, to strengthen the legal structure of the European Community by forcefully sustaining the applicable Treaty provisions and the measures of its Institutions both as to the duties created thereunder and the personal rights that may be derived therefrom. On the other hand, the Court has not hesitated to use its powers for the protection of the subjects of the Community against illegal conduct of …
Deportation Law And The Social Interest, George Liviola Jr.
Deportation Law And The Social Interest, George Liviola Jr.
Cleveland State Law Review
Fundamental civil and humanitarian rights are being denied to individuals in the United States because American courts cling to stare decisis in denaturalization and deportation proceedings. This article concerns itself with an examination of this policy, its history, progress, effect and possible reform.
Stare Decisis In The F.E.L.A., Harry G. Fuerst
Stare Decisis In The F.E.L.A., Harry G. Fuerst
Cleveland State Law Review
The general doctrine on stare decisis is that when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to all future cases, where the facts are substantially the same. Congress on August 11, 1939, amended the Federal Employers Liability Act, and by the sweep of the President's pen the old and archaic defense of assumption of risk was completely eliminated from the Act.
Book Review, William K. Gardner
Book Review, William K. Gardner
Cleveland State Law Review
Reviewing Melvin Block, ed., The Art of Summation, New York State Association of Trial Lawyers, 1963
Group Defamation In France, Jean Peytel
Group Defamation In France, Jean Peytel
Cleveland State Law Review
It cannot be said that there is any French legislation which specifically protects citizens of any particular ethnic origin or creed. For instance, there is no law that shelters members of a particular religious faith from group defamation. The absence of legislative texts in this connection is explicable by the tradition rooted in the French psyche, born out of the French Revolution, that frowns upon racial discrimination and religious intolerance.
Estate Tax Effects Of Premium Payments After Transfer Of Life Insurance, Michael A. Taylor
Estate Tax Effects Of Premium Payments After Transfer Of Life Insurance, Michael A. Taylor
Cleveland State Law Review
Ordinarily when a donor lives for three years after the transfer, section 2035 (b) says the gift cannot be attacked as being made in contemplation of death. However, if the transferor of an insurance policy continues to pay the premiums after the transfer several questions are presented. Should each of these payments be regarded as a further gift, with the payments during the last three years considered as gifts in contemplation of death? If so, what amount would be included in the donor's estate because of the subsequent premium payments? Neither question has been answered by the courts. This paper …
Syposium Conclusion, Pieter J. Hoets
Syposium Conclusion, Pieter J. Hoets
Cleveland State Law Review
Tort liability, based on modern medical understanding of the very real injury to an individual member of a defamed group, probably is the readiest and best preventive of abuse of the right of free speech until sound legislation is adopted. But we need both criminal and civil law. In the last analysis all legislation deals with morality-legislates morality. The law serves not only to regulate but also to educate, elevate, and dignify. It must deal with group defamation now. We must have law that will protect us from the sick and evil souls who poison our society with hatreds.
Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener
Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener
Cleveland State Law Review
Although there was no remedy for negligent misrepresentation at common law, and English law apparently still provides none, the American courts have all, in one way or another, accepted the thesis that "conscience, fair dealing and the usages of business require" some type of liability. But the nature and limits of that liability have never been clearly defined by the majority of American jurisdictions.
Product Imitation, John P. Diamond
Product Imitation, John P. Diamond
Cleveland State Law Review
The wave of imitation sweeping through competitive American business has crowded the courts with unfair competition cases. The most recent and representative of these cases will be examined here.
Finding An Expert Witness In The Sciences, Ralph K. Davies
Finding An Expert Witness In The Sciences, Ralph K. Davies
Cleveland State Law Review
To the uninitiated a classification of diversified sciences upsets the notion that science is one field of knowledge. There are times when even a scientist in one area has difficulty in locating an expert in another area. How then does one find a scientific expert?
Law And The Climate Of Consent, A. B. Bonds Jr.
Law And The Climate Of Consent, A. B. Bonds Jr.
Cleveland State Law Review
In your magistral relationship with the law, I urge you to broaden among all our people the climate of understanding which will strengthen the concept of dynamic consent. I urge you to speak out to your fellow citizens and challenge them to learn better to distinguish between what is wise and unwise, and to give their proper supportive consent to that which is creative and just.
The Senile Testator: Medicolegal Aspects Of Competency, Robert Gene Smith, Laurence M. Hager
The Senile Testator: Medicolegal Aspects Of Competency, Robert Gene Smith, Laurence M. Hager
Cleveland State Law Review
The law has failed to recognize recent advances in geriatric psychiatry. Moreover, where medical language has been used, the terminology is either outdated or misapplied. What follows is an attempt to describe the nature and policy of the legal standard for testamentary competency, to set forth the current medical approach to senility and mental disease, and to suggest practical ways for the lawyer to use geriatric psychiatry in behalf of the senile testator.
Anesthesia For Minor Surgery In The Office Or Outpatient Department, P. C. Lund
Anesthesia For Minor Surgery In The Office Or Outpatient Department, P. C. Lund
Cleveland State Law Review
The various current methods of anesthesia utilized for surgery in the office or outpatient department are described. The hazards and various complications that may be encountered when dealing with these ambulatory patients are discussed in detail. Suggested methods of treatment and management of these complications are also outlined. It is pointed out that the availability of adequate equipment for resuscitation is essential for the over-all safety and welfare of the ambulatory patient
Outpatient Injuries Of The Hand, Frank W. Masters, David W. Robinson
Outpatient Injuries Of The Hand, Frank W. Masters, David W. Robinson
Cleveland State Law Review
All hand injuries, regardless of superficiality, may result in crippling loss of function if treatment is inadequate or mishandled. The essential elements of diagnosis, examination, approach to therapy and after-care are constant. The major difference between an injury requiring hospitalization and one amenable to outpatient management is the extent of the trauma. This article reviews the major outpatient injuries with respect to method of management, choice of definitive procedure, and preservation of function.
Job Refusal In Unemployment Compensation Claims, Robert J. Bowers
Job Refusal In Unemployment Compensation Claims, Robert J. Bowers
Cleveland State Law Review
Unemployment compensation is a type of insurance. As such, it does not cover losses intentionally incurred by claimants. However, the spirit of the Social Security Act of 1935 and of similar laws enacted in all the states affect the qualification or disqualification of a claimant who refuses a job. The broad discretionary powers of administrators and boards of review preclude definitive answer. We must be content with awareness of the tolerance limits indicated by stare decisis and commission rules.
Legal Education For Certified Specialization, Philip E. Heckerling
Legal Education For Certified Specialization, Philip E. Heckerling
Cleveland State Law Review
The purpose of this paper is to offer a partial solution to the public's loss of confidence in lawyers, suggesting that by means of post-graduate education conducted under the auspices of the various law schools, professional specialization in the law will be encouraged through certification, with the end result that lawyers and the public will both benefit psychologically and economically.
The Fright Peddlers, Thomas H. Kuchel
The Fright Peddlers, Thomas H. Kuchel
Cleveland State Law Review
Senator Kuchel from California authorized the Editors of this Law Review to publish, as his contribution to this Symposium, extracts from his address to Congress as reported in the Congressional Record: Proceedings and Debates of the 88th Congress, First Session; Vol. 10g, No. 79; May 28, 1963. This article is, in effect, a brief digest of that address.
Group Defamation In England, David R. Fryer
Group Defamation In England, David R. Fryer
Cleveland State Law Review
This article will attempt to sketch briefly the extent of the remedies in tort and the restraints in criminal law which can be invoked in English law when defamatory matter is written or spoken of a group of persons associated either voluntarily or involuntarily on the basis of race, religion, vocation, political views or in any other way.
Group Defamation In West Germany, Manfred Zuleeg
Group Defamation In West Germany, Manfred Zuleeg
Cleveland State Law Review
In each human society, there are social prejudices against certain groups which suffer a more or less discriminating treatment by the other parts of the population. Sometimes the discrimination becomes aggressive. Group defamation and actions of persecution are the consequences. German scholars agree with American sociologists that social prejudices and discriminations are not connected as cause and effect, but as interdependent factors. The origins of a social prejudice are traced by sociologists to an aggressive attitude because of personal or group conflicts or shortcomings. It is difficult, however, for sociologists to explain why the prejudice is directed against just this …
Defamation Of Corporations, Louis J. Bloomfield
Defamation Of Corporations, Louis J. Bloomfield
Cleveland State Law Review
Since the sixteenth century courts of law have held that an individual may bring an action for damages for libel or slander. When corporations came into their own, occasions arose where the question of a corporation's right to bring suit for libel or slander had to be decided. The first cases centered discussion on whether a corporation could sue on the basis of similarity to a natural person (an individual) or to an artificial person (an entity). While courts long have made a distinction between the artificial and the natural person, the law has been established that, like an individual, …
Defenses To Group Defamation Actions, Richard J. Quigg
Defenses To Group Defamation Actions, Richard J. Quigg
Cleveland State Law Review
The basic defenses applicable to ordinary individual defamation, of truth, privilege (including fair comment), and consent, also apply to group defamation. Most past group defamation cases have held that language including all members of a given group,or positively identifying the plaintiff, must be used. Tort actions have been upheld when small groups are defamed; tort claims are generally disallowed in the defamation of large groups unless the public readily recognizes the defamation as being directed at one individual. A number of "group-hate" statutes have been enacted by various states, making it a criminal offense to defame a class of citizens. …