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Articles 1 - 30 of 54
Full-Text Articles in Law
Error In Omitting "Or Die" After A Testamentary Gift Of Income To Widow, Anthony A. Morano
Error In Omitting "Or Die" After A Testamentary Gift Of Income To Widow, Anthony A. Morano
Cleveland State Law Review
The purpose of this essay is to consider the problems posed by a hypothetical omission of the words "or dies" from a typical testamentary gift of income to a surviving spouse during widowhood. While it is sincerely hoped that no one will have need of it, the writer wishes to record the products of his research and analysis just in case it may assist some blushing brother's future search for the consequences of that most painful of errors-the rare, unique mistake that no one before has made.
Legal Perils Of Parody And Burlesque, Thomas Paul Demeter
Legal Perils Of Parody And Burlesque, Thomas Paul Demeter
Cleveland State Law Review
Parody and Burlesque as art forms, and their conflicts with the rights of the holder of the original copyrighted work, are subjects of interest to both the layman and the lawyer. To analyze the status of this conflict, several areas must be explored. The following discussion includes a consideration of the current copyright law as it applies to parody and burlesque, a history of parody and burlesque as a literary form, and significant United States cases dealing with the problems of the conflict.
Accoutants' Liability To Third Parties, Robert Stern
Accoutants' Liability To Third Parties, Robert Stern
Cleveland State Law Review
The legal relationships within the accounting profession are currently in a state of uncertainty caused by both internal and external forces. Due to fairly recent developments of the law widening the breadth and scope of its potential liability, the accounting profession, in an effort to more precisely define and clarify its moral and legal duties, "is deeply involved in a great debate over how precisely accounting principles should be defined and how rigidly enforced." Some spectacular lawsuits recently ". . . tend to reflect the growing responsibilities and hazards of the accounting profession in an age of increasingly complex international …
Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams
Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams
Cleveland State Law Review
Ordinarily, there is a legally enforceable right to recover damages for libelous statements. On the other hand, newspapers enjoy a constitutionally guaranteed right of free press. Free press however is not synonymous with a license to libel and newspapers normally stand in no better position than any other member of the community in defense of libel suits.
Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman
Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman
Cleveland State Law Review
This note examines the fundamental and dynamic concept of unseaworthiness, and investigates particularly the geographical limits ashore where such injuries may occur and yet be actionable. Crew misconduct will not be considered as a factor in unseaworthiness, as that subject has been treated elsewhere.
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.
Needed: The Social-Scientific Lawyer, Kent M. Weeks
Needed: The Social-Scientific Lawyer, Kent M. Weeks
Cleveland State Law Review
Once confined to academic journals and considered irrelevant to American law, the empirical findings of the behavioral sciences are now the lawyer's tools. The Supreme Court not only accepts empirical data of the social scientists in briefs, but implicitly seeks such data in order to enable the court to make decisions.
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.
Compensable Injury In Back Claims, John H. Small
Compensable Injury In Back Claims, John H. Small
Cleveland State Law Review
This article is the product of many years uncertainty and resulting unhappiness in advising clients, compensation insurers and their claims representatives-in their handling of back claims, and in the writer's own preparation and trial of such proceedings.No doubt this situation has been intensified by the fact that North Carolina is in the very small minority of jurisdictions limiting compensability by requiring an accident as a condition precedent, and yet recognizing this handicap, seeking exceptions where it could, to the accomplishment of justice at the cost of confusion.
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Cleveland State Law Review
Whether because of expanded uses of the fruits of the nuclear age, or because of more insights into radiation caused diseases, in years to come more employees are likely to find themselves filing claims for workmen's compensation because of alleged radiation-caused diseases or illnesses. What are radiation diseases and injuries? Which occupations are likely to give rise to radiation exposure? Do present workmen's compensation laws provide coverage for such injuries and diseases, and to what extent? How is a claim processed? Can the present laws be improved, and what efforts are being made-or should be made-to im-prove them?
Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis
Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis
Cleveland State Law Review
Workmen's compensation has been defined as a system of social legislation providing compensation for loss resulting from the disablement or the death of workmen through industrial accident, casualty or disease. ... Recovery for an injury sustained in a workmen's compensation case is dependent upon the existence of all of the following six factors: (1) Jurisdiction of the subject matter; (2) Amenability of employer; (3) Proof of contract of employment; (4) Showing of a work related occurrence; (5) Sustaining of an injury as defined under the Workmen's Compensation Act; and (6) Proof of a causal relationship between the disabling condition and …
Processing A Workmen's Compensation Case In Ohio, James L. Young
Processing A Workmen's Compensation Case In Ohio, James L. Young
Cleveland State Law Review
The Workmen's Compensation system, which has been a part of Ohio law since May 31, 1911, represents a sharp departure in concept from the earlier methods of redressing work injuries. Under Workmen's,Compensation, neither the negligence of the employer nor that of, the employee plays any part in the determination of the employee's entitlement to the stated benefits. It is the fact of injury sustained in the course of and arising out of employment which is critical.
Appeals In Workmen's Compensation, M. Holland Krise
Appeals In Workmen's Compensation, M. Holland Krise
Cleveland State Law Review
There is a solution to the problem of appeals in the Ohio Workmen's Compensation Act. Permit the administrative officers who are well trained and have many years of experience to determine the facts and law with court appeals on questions of law only. Since Ohio is a State Fund operation, hearing officers probably should not be responsibleto the Bureau of Workmen's Compensation. This alliance could affect their judgment since they must defend the insurance fund against any claim which is, in their opinion, unlawful.
Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller
Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller
Cleveland State Law Review
While events on the national and international scene have changed drastically in the past 5 years both as to our economy and our way of life, workmen's compensation benefits as they affect both of these matters have remained relatively static. Change is the order of the day. To keep pace with constantly changing conditions, it is just as necessary that we keep up and change our laws to meet the changing problems which are ever upon us. In a dissertation on such an all inclusive subject, it is not possible to elaborate in too much detail each suggested change and …
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."
Contract Interference By Previous Employer, Robert I. Bendis
Contract Interference By Previous Employer, Robert I. Bendis
Cleveland State Law Review
Whether or not Bennett was correct in his allegation and whether or not his former employer was justified in its act were the questions presented to the court in the case of William Bennett v. Storz Broadcasting Company. The answers to these questions turned on the court's interpretation of the following issues: what acts constitute actionable interference; was the contract of employment between the plaintiff and the defendant, and/or the negative covenant contained therein, valid; was the existence of a contract crucial or even necessary for an action to lie; could there be any justification for the defendant's acts; and …
1967-1968 Problems In Legal Education, David F. Cavers, Robert F. Drinan, W. Ray Forrester, Robert F. Grabb
1967-1968 Problems In Legal Education, David F. Cavers, Robert F. Drinan, W. Ray Forrester, Robert F. Grabb
Cleveland State Law Review
Six problems in legal education, much discussed recently, were posed by the Editors of this Review to leading legal educators. These questions were and are frankly difficult and controversial, but their answers are important to our system of legal education and to our society. Capsule answers given by these distinguished legal educators are believed to be interesting and significant. Each is a personal rather than a representative opinion. Brief answers such as these, of course, are not expected to be, nor do they pretend to be, complete or profound. Their purpose is to indicate succinctly the approach of outstanding American …
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.
The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber
The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber
Cleveland State Law Review
Plaintiffs in general fare rather poorly in litigation cases when trauma is responsible for the aggravation of their arthritic condition. The inadequate rewards are usually due to the poor presentation of the claimant's case to the judge and jury. The purpose of this paper is to illustrate some of the disabling results that trauma inflicts on victims of arthritis of the spinal column, and to discuss adjudication of these cases, as well as suggested therapy by means of x-rays.
How Far May Newspapers Go In Criticizing, Richard Szilagyi
How Far May Newspapers Go In Criticizing, Richard Szilagyi
Cleveland State Law Review
Any written or printed article which is false and is conveyed by publication to third parties is defamatory or "libelous." That is, it is actionable if it tends to subject the plaintiff to hatred, scorn, ridicule, public contempt or disgrace; or if it induces a substantial number of respectable community members to avoid, shun, or deprive him of their friendly association, even though the defamation imputes no moral turpitude to him. Despite a long history of judicial decisions and numerous discussions and writings by the legal profession, there are few areas of the law so unsettled as the law of …
Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch
Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch
Cleveland State Law Review
This article deals with the infringement problems encountered by a teacher in duplicating copyrighted material for his class. Since the teacher is the "real party in interest," we have attempted to avoid legalistic language (at least without explanation), so as to produce a paper to which the layman, as well as the lawyer may turn for understanding.
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.
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
Agreements For Small Corporation Control, Stanley Morganstern
Agreements For Small Corporation Control, Stanley Morganstern
Cleveland State Law Review
A close corporation, one owned by a few shareholders, has many unique problems which if not recognized and anticipated may well destroy it. No one plan can be made for all close corporations, as the circumstances, both present and future, must dictate particular provisions of each plan.
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.
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 …
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 …
Insurance Questions In Voir Dire, Kenneth S. Kabb
Insurance Questions In Voir Dire, Kenneth S. Kabb
Cleveland State Law Review
The scope of this article includes the voir dire examination in the federal courts, primarily in civil cases. The questions to be considered are: (1) how is the voir dire examination to be conducted; (2) what are the limitations imposed on the trial judge, counsel, and the parties with respect to the manner and conduct of the questioning; (3) what is the allowable scope of questions that may be asked prospective jurors; and (4) what will constitute reversible error, and who has the burden of proof.
Military Law And The Miranda Requirements, Gaylord L. Finch
Military Law And The Miranda Requirements, Gaylord L. Finch
Cleveland State Law Review
The purpose of this article is to examine the Code and its effectiveness in dealing with the military accused in the area of criminal procedure. Emphasis will be placed on the serviceman's right to counsel, the serviceman's Fifth Amendment privilege against self incrimination and the scope of the Bill of Rights when applied to the serviceman. The discussion will be limited to the relationship of the military to its own personnel.
Book Review, James K. Gaynor
Book Review, James K. Gaynor
Cleveland State Law Review
Reviewing Problems in Hospital Law, Health Law Center, 1968