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Full-Text Articles in Law

Union Security Under Federal Statutes; A Primer, George Maxwell Jan 1953

Union Security Under Federal Statutes; A Primer, George Maxwell

Cleveland State Law Review

Protection against prosecution under the anti-trust acts is extended to a union whenever (1) the union acts in protection of its own interests; (2) acts without combination with employers; (3) does not authorize the illegal acts of its agents officially and (4) is engaged in a labor dispute as defined by the Norris-LaGuardia Act. Whenever these circumstances exist the union is secure against a finding that it is in violation of the anti-trust acts.


Ex Parte Deprivation Of Telephone Service To Alleged Gamblers - Police Power Vs. Constitution, Jules L. Kaufman Jan 1953

Ex Parte Deprivation Of Telephone Service To Alleged Gamblers - Police Power Vs. Constitution, Jules L. Kaufman

Cleveland State Law Review

The question is still much in a state of flux as to whether or not such regulations as Ohio Public Utilities Commission, Order No. 22,305,and actions taken thereunder, constitute an unconstitutional denial of due process. The large majority of cases, many of which have been decided by public utilities commissions, however, uphold the right of the telephone company to discontinue service summarily at the request of a law enforcement agency without the necessity of any further proof of illegal use of the equipment. With respect to the burden of proof as regards the legality or illegality of use and the …


Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review Jan 1953

Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review

Cleveland State Law Review

On June 24, 1946, The Cleveland-Marshall Law School was established as a consolidation of the Cleveland Law School and the John Marshall School of Law. One of the largest law schools in the country, it enables students to achieve a legal education by attending evening classes. Today The Cleveland-Marshall Law School, a vital institution of advanced study in a dynamic community, is fulfilling the basic purposes that motivated the original founders of the constituent schools.


Probation And The Law, Angelo J. Gagliardo Jan 1953

Probation And The Law, Angelo J. Gagliardo

Cleveland State Law Review

Probation, the most modern concept in the administration of criminal justice, has been characterized as the correctional procedure and most worthy of a democracy because it recognizes basic human values. As such, it constitutes a democratic faith in the ability to the average offender to solve his difficulties within the framework of our democracy. While the aim of any probation system is to protect society, it has become apparent that society can best be protected by efforts which are aimed at conserving its human resources. Advances in the understanding of human behaviour and motivation have provided new and challenging principles …


An International Bill Of Rights For Prisoners Of War, John Mcginness Jan 1953

An International Bill Of Rights For Prisoners Of War, John Mcginness

Cleveland State Law Review

On August 12, 1949 plenipotentiaries of sixty-one nations of the world, including the United States and the Soviets, concluded a Convention at Geneva which revised the Geneva Convention of July 27, 1929 relative to the treatment of prisoners of war. Many of these revisions are based upon the experiences of World War II. Although neither the United States nor the Soviets have ratified this Convention, the United States Forces in Korea have been, and are, under instructions to observe their provisions at all times. This Convention appears to be a positive step forward in the clarification of international law as …


Some Notes On Comparing Tax Accounting And General Accounting, Arthur R. Cerio Jan 1953

Some Notes On Comparing Tax Accounting And General Accounting, Arthur R. Cerio

Cleveland State Law Review

Many problems of taxation are caused by the differences between tax accounting principles and generally accepted accounting principles. Despite years of extensive litigation, the question of the timing of income or deductions is difficult to determine. Usually no additional revenue is realized by these conflicts in principles; they merely cause a shift of revenue between the years.


The Western Hemisphere Trading Corporation; In Outline, Samuel Laderman Jan 1953

The Western Hemisphere Trading Corporation; In Outline, Samuel Laderman

Cleveland State Law Review

One of the last frontiers of effective tax reduction exists in the exporting field. This device was specifically created by Congress to enable American corporations trading in foreign countries within the Western Hemisphere to compete with foreign corporations and has been approved by the Commissioner of Internal Revenue. There is no federal law providing for the incorporation of Western Hemisphere Trade Corporations. The corporations are organized under applicable state law and qualify as Western Hemisphere Trade Corporations.


A Note On Racial Restrictions, William R. Kinney Jan 1953

A Note On Racial Restrictions, William R. Kinney

Cleveland State Law Review

In view of the holding in the Shelley case, can the grantor in a deed have recourse to the courts to enforce a stipulated penalty contained in a discriminatory racial covenant (such as payment of damages or forfeiture of title) if the enforcement of such penalty does not directly involve the constitutional rights of third persons?


A Tariff Primer, Stanley J. Emerling Jan 1953

A Tariff Primer, Stanley J. Emerling

Cleveland State Law Review

It is evident from the examination of these cases that the proponents of a tariff policy are well supported by Constitutional authority and logic depending on the time and necessity of the situation. Economically also there are many instances in which a reduction in or denial of tariff policy would be to the detriment of our country. The only point worth taking in summary of this complex problem is the fact that a mere permissive use of a tariff doesn't necessarily mean that the country's best interests are always served by a too rigid application of such measures. The reciprocal …


Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray Jan 1953

Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray

Cleveland State Law Review

The issue of the right of recovery by a building contractor who has failed to comply literally with specifications of building codes and ordinances has provoked much discussion and has brought forth opinions from courts and text writers, many of which are diametrically opposed. The authorities are generally agreed that a contract, whether it be a building contract or not, which upon execution will, by the thing which it tends to create, breach a positive law, is void and unenforceable. But, as is true of other rules of law which can not and do not have universal application, the courts …


Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review Jan 1953

Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review

Cleveland State Law Review

On June 24, 1946, The Cleveland-Marshall Law School was established as a consolidation of the Cleveland Law School and the John Marshall School of Law. One of the largest law schools in the country, it enables students to achieve a legal education by attending evening classes. Today The Cleveland-Marshall Law School, a vital institution of advanced study in a dynamic community, is fulfilling the basic purposes that motivated the original founders of the constituent schools.


What Constitutes Covered Employment Within The Contemplation Of The Ohio Workmen's Compensation Act, Harry Kottler Jan 1953

What Constitutes Covered Employment Within The Contemplation Of The Ohio Workmen's Compensation Act, Harry Kottler

Cleveland State Law Review

Workmen's compensation acts have been generally interpreted in three ways: first, as the substitution of a statutory tort for a common law tort; second, as the regulation of the relationship between employer and employee, which is primarily contractual in character; third, as the creation of a new statutory relation between master and servant, the chief incident of which is to impose upon the master financial responsibility for certain risks of service. While these represent the underlying legal philosophies in the enactment of workmen's compensation laws, the desiderata in enactment of workmen's compensation laws vary from state to state, and for …


Securities And The Small Corporation, Leonard Lane Jan 1953

Securities And The Small Corporation, Leonard Lane

Cleveland State Law Review

It is not the purpose of this article to encompass in its entirety the vast field of securities transactions, but rather to examine this field from the position of the small corporation. Only the high points of this limited area are dealt with, and of necessity the treatment is not exhaustive. Wherever possible, an attempt will be made to point out the problems which might beset the small corporation which is not fully cognizant of the importance of state and federal securities legislation. While it is true that the federal legislation was not enacted primarily for the small corporate issuer, …


Book Review, Carl G. Weygandt Jan 1953

Book Review, Carl G. Weygandt

Cleveland State Law Review

Reviewing Hon. Arthur Vanderbilt, Cases and Other Materials on Modern Procedure and Judicial Administration


Personal Holding Companies And Gross Income, Harvey Mahlig Jan 1953

Personal Holding Companies And Gross Income, Harvey Mahlig

Cleveland State Law Review

There are many small corporations, the ownership o fwhich is in the hands of a family group or a few individuals, which are susceptible to personal holding company rules. These require a careful analysis of stock ownership and gross income. While it may not have been the intention of an individual or of a group to form a personal holding company, circumstances may arise during a year which would qualify the corporation as one. A change in stock ownership, a change in the type of gross income or a change in the amount of gross income could very well transform …