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Articles 1 - 30 of 66
Full-Text Articles in Law
The Nature Of Violence--Differing Perceptions Of Reality In America, Arthur R. Landever
The Nature Of Violence--Differing Perceptions Of Reality In America, Arthur R. Landever
Law Faculty Articles and Essays
Arthur Landever discusses the differing views concerning the definition, nature, and impact of violence.
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Cleveland State Law Review
Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Cleveland State Law Review
Tardiness of an attorney is a violation of the Cannons of Professional Ethics. A continual disregard of the canons of ethics constitutes misconduct or moral turpitude. Misconduct or moral turpitude are grounds for disbarment. Just as clearly, tardiness of an attorney is punishable as contempt of court. Contempt of court is viewed as a criminal conviction, since the contemner is subject to fines and imprisonment. Contempt of court, if sufficiently repeated, is ground for disbarment.
Impact Of A Community Association On Integrated Suburban Housing Patterns, Stephen J. Alfred, Charles R. Marcoux
Impact Of A Community Association On Integrated Suburban Housing Patterns, Stephen J. Alfred, Charles R. Marcoux
Cleveland State Law Review
Community associations-neighbors who join together in recognition of common interests and sometimes in pursuit of greater political influence-appear and disappear with the ebb and flow of local issues. Home community organizations have concerned themselves with installation of improvements, such as sidewalks and sewers; others, with the quality of municipal services, property maintenance, and compliance with building and zoning laws. More recently, however, such community organizations have sprung into life for the purpose of dealing with the emotionally-charged issue of racial integration in their neighborhoods. This paper will explore the development of The Lomond Association, a community organization committed to a …
Book Review, James P. Huddleston
Book Review, James P. Huddleston
Cleveland State Law Review
Review of Charles Rembar, The End of Obscenity, Random House, 1969.
Liability Of Engineer For Defective Design, Emil F. Sos Jr.
Liability Of Engineer For Defective Design, Emil F. Sos Jr.
Cleveland State Law Review
The practice of "Professional Engineering" in the United States is governed by licensing statutes in all fifty states and the District of Columbia. Liability for incompetency is only indirectly affected by these statutes. The statutes do have an effect on the contractual relationships of the engineer and most states make a violation of the licensing sections a misdemeanor, punishable by fine and/or imprisonment.
Blood Tests In Paternity Cases, Robert Ratimorszky
Blood Tests In Paternity Cases, Robert Ratimorszky
Cleveland State Law Review
Medical science has developed and provided absolute proof of non-paternity by exclusion with the probability higher than 71.6 per cent.The blood tests determining nonpaternity by exclusion are conclusive.Despite this conclusive and scientifically proven medical system of exclusion, legislatures and courts in many jurisdictions are still slow in accepting the irrebuttable proof of blood grouping tests. Resentment is strong in many jurisdictions against the admission of possibility of paternity upon all the evidence. The argument that if admitted, such evidence is prejudicial holds in many jurisdictions including Ohio.Legislatures and courts should take cognizance of the proof of blood tests in paternity …
News Of Legal Writers: 1970, Ralph D. Churchill
News Of Legal Writers: 1970, Ralph D. Churchill
Cleveland State Law Review
This is a newsletter for SCRIBES. 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 is the honor society of distinguished legal writers.
The Nature Of College Student Perceptions In America Today (Circa 1970), Arthur R. Landever
The Nature Of College Student Perceptions In America Today (Circa 1970), Arthur R. Landever
Law Faculty Articles and Essays
Arthur Landever discusses the Nature of College Student Perceptions in America.
Injuries From Electronic Power Sources, Charles H. Grace, Sheila M. Kahoe
Injuries From Electronic Power Sources, Charles H. Grace, Sheila M. Kahoe
Cleveland State Law Review
In order to understand how the existing products liability law applies to electronic products, it is necessary to examine the methods by which such products are distributed, and the manufacturers' attitude toward the inclusion of safety devices in the production of these products. The four characteristics of electronic products that most affect their legal treatment will be identified and discussed, and the three principal theories most often used for the prosecution of products liability cases will be described herein, with emphasis on the features most likely to be involved in electronic cases.
1970 Problems In Legal Education, John A. Bauman, Scott H. Bice, Stuart Brody, Thomas W. Christopher
1970 Problems In Legal Education, John A. Bauman, Scott H. Bice, Stuart Brody, Thomas W. Christopher
Cleveland State Law Review
Five problems in legal education, much discussed recently, were posed by the Editors of this Review to a number of administrative figures in the law school world. 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 concerned legal education administrators 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 …
Real Estate Brokerage: In A Nutshell, Edward T. Haggins
Real Estate Brokerage: In A Nutshell, Edward T. Haggins
Cleveland State Law Review
There are usually three parties to a real estate transaction; a seller, a buyer, and a real estate broker. The real estate broker is the middleman whose duty is to bring the buyer and the seller together. Ordinarily the real estate broker represents the vendor in that he has usually signed a listing contract to sell the vendor's home. The broker plays a significant role in the sale of property. It is he who guides the sale from beginning to end. Without the services of a real estate broker, most sales would never materialize. In order to understand the importance …
Free Speech On Private Property, Daniel A. Silver
Free Speech On Private Property, Daniel A. Silver
Cleveland State Law Review
In our system of constitutional law the First Amendment right of freedom of speech has always maintained a preferred position. The Supreme Court of the United States, on numerous occasions, has proclaimed freedom of speech to be one of our most fundamental rights. An evolving problem in the area of free speech is the question of what constitutes a proper forum for the expression of First Amendment rights. This paper examines the use of private property as a forum for expression.
Damages In Housing Discrimination Cases, James A. Ciocia
Damages In Housing Discrimination Cases, James A. Ciocia
Cleveland State Law Review
The existance of a shortage of adequate housing in the United States has further intensified the problems of those who suffer most when there is a shortage of anything-the minority groups. ... Contributing to the awareness of the public is the salient fact that within the last ten years there has been a consistent increase in the number of court cases dealing with housing discrimination. The scope of these cases has expanded from what had been a broad interpretation of public accommodation statutes to the award of damages, both compensatory and punitive, for private acts of discrimination which allegedly precipitated …
Experience-Based Teaching Methods In Legal Counseling, Robert T. Grismer, Thomas L. Shaffer
Experience-Based Teaching Methods In Legal Counseling, Robert T. Grismer, Thomas L. Shaffer
Cleveland State Law Review
Lawyers spend more time in their offices, in person-to-person encounters counseling troubled individuals, than in any other single area. The alternative to this is litigation, an expensive, inefficient, disfunctional process. Lawyers are counselors, in the most Sartrean sense of the word; whether they intend to be or not. Legal educators like Harrop Freeman and Andrew S. Watson, and legal psychologists such as Robert S. Redmount, have pointed out the inevitability of legal counseling in practice, and the lack of adequate preparation we give our students for their lives as counselors.
Legal Aspects Of Drug Abuse, C. William O'Neill
Legal Aspects Of Drug Abuse, C. William O'Neill
Cleveland State Law Review
In discussing the existing drug laws in this country, it is useful to break them down into two categories: First, the Federal and state laws directed at marijuana and narcotics and, second, the Federal and state laws governing hallucinogenic drugs, such as LSD. Laws regulating and prohibiting the use of and traffic in the various drugs arose in response to public concern over their abuse. Federal regulation began with the Harrison Narcotic Drug Act of 1914, which was aimed at opium and other "hard" narcotics. In 1937 Congress enacted the Marijuana Tax Act, modeling it largely after the Harrison Act, …
Private Legal Action For Air Pollution, James E. Melle
Private Legal Action For Air Pollution, James E. Melle
Cleveland State Law Review
The vagueness of the concept of nuisance has resulted from the varying interpretations given it by the courts. It is still debatable whether liability for nuisance exists because of the harm done, or how the harm was created. Though there are many different purpose classifications of nuisances, this paper deals only with the basic ones-i.e., public,private, and public nuisances which are also private nuisances. What can a healthy individual do who does not live in the "neighborhood" of a polluter and yet fears that air pollution has harmful effects on his health? The air transmits the pollution, and it affects …
Political Rights Of Government Employees, Donald H. Buckley
Political Rights Of Government Employees, Donald H. Buckley
Cleveland State Law Review
There are nearly three million federal employees, of whom 50.8 percent are professional, technical or administrative personnel. These federal employees and those individuals employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency are subject to the United States Civil Service Commission rules regulating political activity. Under Civil Service rules, individuals may be removed from their employment for doing what every other American may consider a constitutionally protected right; namely, participating actively in …
Law Of Outer Space - Summarized, Jeffrey Prevost
Law Of Outer Space - Summarized, Jeffrey Prevost
Cleveland State Law Review
I hope that by this paper I can show that the body of knowledge concerning outer space, and the present capabilities of exploitation of space actually warrant immediate codification of boundaries of permissible extraterrestrial activities. The rate of change of acquisition of scientific knowledge and technological ability has increased geometrically since the end of the Dark Ages. From this it should be evident that, even if we feel that space does not warrant our legal consideration at this stage of development, the time of practical exploitation may be so close at hand that a prior formulation of policy and law …
Merchandising Through Use Of Lotteries, Robert V. Bullock
Merchandising Through Use Of Lotteries, Robert V. Bullock
Cleveland State Law Review
It has been almost universally held that there must be three elements present for a promotion to constitute a lottery. These elements are consideration, chance, and prize. The absence of any one of these elements is fatal to identifying the transaction as a lottery.Promoters are continually modifying and shading each of these three elements, however, so that the courts and government officials must constantly reappraise their positions to protect both the public and legitimate business.
Book Review, Harvey S. Yasinow
Book Review, Harvey S. Yasinow
Cleveland State Law Review
Reviewing Bernard Asbell, What Lawyers Really Do: Six lawyers Talk About their Life and Work, Peter H. Wyden Inc., 1970
Book Review, Thomas Parker Hayes
Book Review, Thomas Parker Hayes
Cleveland State Law Review
Reviewing Albert G. Sugarman, Examining the Medical Expert: Lectures and Trial Demonstrations, Institute of Continuing Legal Education, 1969
Torts On Boats And Yachts, Jeffrey A. Rich
Torts On Boats And Yachts, Jeffrey A. Rich
Cleveland State Law Review
Summer is here, and boaters eagerly sail or drive their gems-of-the ocean in summer fun. To the lawyer, the boating season means personal injury cases of a special, and possibly, unfamiliar nature. Torts on yachts usually fall within United States admiralty law jurisdiction. We shall sketch the applicable law-for those who read as they run (over the waves).
Governmental Regulation Of The Drug Industry, J. Mark Hiebert
Governmental Regulation Of The Drug Industry, J. Mark Hiebert
Cleveland State Law Review
In today's world of increased government participation in business, certain industries are frequently spotlighted for particular attention. The communications industry is one, the drug industry is another. In both cases the special attention is fitting, for the communications industry, like the drug industry, each in its own way, reaches the very fiber of American life. Each has the inherent capability of changing our political and social order. At any rate two points are basic: first, the drug industry directly affects the foundations of our society and therefore is a reasonable concern of government. Secondly, the drug industry has a legitimate …
Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter
Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter
Cleveland State Law Review
In 1965 the 106th Ohio General Assembly passed Ohio's first fair housing law effective October 30, 1965. Doing so, the Ohio legislature extended the jurisdiction of the existing Ohio Civil Rights Commission to the field of housing. By excluding single and double owner-occupied residential dwellings, the 1965 law had a limited effect upon approximately fifty per cent of the housing in the state of Ohio. This paper will not deal with the unlawful practices involving lending institutions, restrictive covenants or blockbusting. Instead it will address itself to the administration of that portion of Chapter 4112 of the Ohio Revised Code …
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Cleveland State Law Review
Because the gratuitous rider situation, and others, provide a need fora clear rule as to the standard of care required of a governmental agency with regard to highway signing and because the results of present cases seem to be at great variance, this paper is presented as an attempt to set forth and clarify the existing standards and to propose a practical rule for uniform adoption. Thus, the material below is confined to a study of only the standard by which the adequacy of highway signing is measured in determining the liability of a governmental agency upon an allegation naming …
Bastardy Proceedings - A Proposal, Harry W. Greenfield
Bastardy Proceedings - A Proposal, Harry W. Greenfield
Cleveland State Law Review
The putative father's rights in bastardy proceedings are in need of protection. It is true that many a defendant is indeed the father of the child; however, the the defendant, be he guilty or innocent, must be upheld. The father may face jail anytime he cannot adequately explain to the court why he had not been making his support payments. Over the years the courts have allowed civil procedure to govern quasi-criminal cases in this area of law. The courts have rationalized their position by emphasizing that the purpose of a bastardy action is solely financial redress. There is a …
Book Review, John J. Kuchinski
Book Review, John J. Kuchinski
Cleveland State Law Review
Review of Carl. E. Wasmuth, Law and the Surgical Team, Williams and Wilkins Co., 1969
Non-Profit Types, Uses, And Abuses: 1970, Howard L. Oleck
Non-Profit Types, Uses, And Abuses: 1970, Howard L. Oleck
Cleveland State Law Review
American society long has consisted, to an extraordinary extent, of voluntary associations of persons and organizations not-for-profit, but for the public good (pro bono publico). No other nation in the world even approaches the United States in number and activity of non-profit organizations. These organizations are based on the characteristic American tendency to form groups (to associate themselves) voluntarily, for the accomplishment of social, religious, educational, fraternal, economic, and other purposes. Americans are the greatest "joiners" in the world. American non-profit organizations, generally speaking, are a magnificent part of the society, despite the disturbing growth of abuses among them.
Organization And Operation Of Non-Profit Corporations - Some General Considerations, Robert S. Pasley
Organization And Operation Of Non-Profit Corporations - Some General Considerations, Robert S. Pasley
Cleveland State Law Review
To come now to my assigned topic, I propose to discuss some of the more general aspects of non-profit corporations under the following headings: Definitions, Purposes and Powers, Formation, Finance, Members. My observations will be based principally on the Model Non-profit Corporation Act and the recently enacted New York Not-for-Profit Corporation Law. The former has been adopted in some six or seven states and parts of it have been enacted in four other states.