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Full-Text Articles in Law

Peace-And-Order Power Of An Ohio Municipal Corporation, Louis B. Perillo Jan 1954

Peace-And-Order Power Of An Ohio Municipal Corporation, Louis B. Perillo

Cleveland State Law Review

Ohio Const. Art. XVIII, Sec. 3 endows the municipalities with those powers of local self-government ".. .as are not in con-flict with general laws." The courts have unanimously interpreted the general laws to be those laws which have been enactedy the General Assembly. A question of conflict arises (1) wherehe state and the municipality each have prohibited the same act and where each seeks to enforce, independent of the other; (2) where the municipality seeks to prohibit that which the state permits, or seeks to permit that which the state prohibits;and (3) where the municipality provides a penalty in excess …


Newspapers And The Courts, Marcus D. Gleisser Jan 1954

Newspapers And The Courts, Marcus D. Gleisser

Cleveland State Law Review

A problem of legal ethics that has been hovering over American courts, lawyers and newspapermen for more than half a century has finally landed in open debate in recent months. It is a problem that thus far has done little more than rouse recriminations and countercharges between two forced each of which, surprisingly enough, claims it avidly seeks what is in essence the same goal - justice. The problem is that of newspaper handling of court trials and their pre-trial developments.


Standards Of Title Examination, Ohio State Bar Association Jan 1954

Standards Of Title Examination, Ohio State Bar Association

Cleveland State Law Review

Standards of Title Examination adopted in 1952 and 1953 by the Ohio State Bar Association: The primary purpose of standards of title examination is to promote uniformity of practice pertaining to marketability of titles. Standards of title examination have been adopted by the bar associations of seventeen other states. All reports from these states show that the bar welcomes and appreciates the benefits.The scope of the work has been limited by the committee's policy of proposing standards for adoption by the association only where the practice has been diverse and where no substantial doubt as to the law or as …


The Treaty-Making Power Is Not A Peril, Moses H. Moses Jan 1954

The Treaty-Making Power Is Not A Peril, Moses H. Moses

Cleveland State Law Review

In the United States the treaty-making power is vested in our President and the Senate. Many persons fear this power; they feel that it is so great that it could be used as an instrument to destroy our American democracy. They fear that by treaty the Constitution of the United States may be repealed and replaced by political concepts that are multifarious to our basic freedoms. Because of the structure of our government I feel that these fears are not well substantiated.


An Essay On The Hebrew Civil Code, David C. Bayne Jan 1954

An Essay On The Hebrew Civil Code, David C. Bayne

Cleveland State Law Review

Reviewed as a legal unit the written law of the Torah in the Pentateuch adequately regulates the religious, moral and ethical life of the Chosen People, reflects fully the divine calling of the nation of Yahweh and Moses. However, the written legislation of a purely civil nature is incomplete, and confirms other evidences of customary, unwritten law of equally ancient origin. But, upon the entire Hebrew Civil Code, written and unwritten,Yahweh, Moses and the prophets have, at whatever date of promulgation, left the stamp of divinity, of a revealed law of the God of the Chosen People; and at the …


Florida Affords The Ohio Resident Relief From The Problem Of Multiple Inheritance Taxation, George Rubin Jan 1954

Florida Affords The Ohio Resident Relief From The Problem Of Multiple Inheritance Taxation, George Rubin

Cleveland State Law Review

The transfer or succession of real property and tangible personal property is taxable by the state where it is located irrespective of the domicile of the decedent, and the transfer or succession of intangible personal property maybe taxed by the state where the decedent was domiciled at the time of his death. It becomes clear then that the state must establish the domicile of the decedent at the time of his death in order to impose an inheritance tax on the transmission or right of transmission of the intangible personal property. The problem arises in those cases where a decedent …


A Note On The Distinction Between Oral And Written Defamation, Jack G. Day Jan 1954

A Note On The Distinction Between Oral And Written Defamation, Jack G. Day

Cleveland State Law Review

It may be true, in the main, that the life of the law, "has not been logic; it has been experience." Nevertheless, the Courts occasionally develop rules of law with no apparent animation from either. An Ohio decision, Pecyk Adm. v. Semoncheck, furnishes a recent example of one such development and the provocation for yet another examination of the basis for the distinction between written and oral defamation.


Relics Of The Emperors - Louisiana Civil Law, W. K. Gardner Jan 1954

Relics Of The Emperors - Louisiana Civil Law, W. K. Gardner

Cleveland State Law Review

The State of Louisiana has some unique and interesting laws, not common to the other states. Having been under the dominion of France, Spain and France alternatively, before it was purchased by the United States, it is not unnatural that Louisiana's basic law should be drawn from those countries, and especially from the Code Napoleon. Like most countries of continental Europe, France and Spain adopted, to a great extent, the civil law of Rome, as distinguished from the English common law. After the purchase of Louisiana by the United States the people of the territory demanded and were granted the …


Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review Jan 1954

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.


Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review Jan 1954

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.


The Suppression Of Dissent In Wartime - England 1792-1795, Harry M. Broder Jan 1954

The Suppression Of Dissent In Wartime - England 1792-1795, Harry M. Broder

Cleveland State Law Review

As we search today for an effective solution of the problem of preserving our basic freedoms from internal and external enemies, it seems particularly appropriate to consider a some-what analogous situation in history. From 1789 to 1795, English opinion changed from widespread approval of the French Revolution and its aims to a hatred and fear that included all persons and ideas which advocated any departure from the status quo in England itself. As late as 1792, the possibility of war seemed so remote the the Army estimates were reduced. One year later, France and England were at war, and the …


The Income Tax And Accounting Records For Illegal Businesses, Thomas J. Whiting Jan 1954

The Income Tax And Accounting Records For Illegal Businesses, Thomas J. Whiting

Cleveland State Law Review

The activities of gamblers and other illegal operators have received considerable public notice recently as a result of the Kefauver Committee's investigations. Although the amounts of money involved in these operations are astronomical, no complete records are maintained by these individuals. Amounts entered on income tax returns of this type are completely incapable of verification in the usual method because of the incompleteness of the records and data available. Admittedly these operators are in the unenviable position of being required to keep complete records for income tax purposes, but being afraid to do so because of their evidentiary value to …


Judicial Self Denial And Judicial Activism - The Personality Of The Original Jurisdiction Of The Federal District Courts, Oliver Morse Jan 1954

Judicial Self Denial And Judicial Activism - The Personality Of The Original Jurisdiction Of The Federal District Courts, Oliver Morse

Cleveland State Law Review

It is the writer's desire to stimulate a better understanding of federal jurisdiction and the problems raised by it, by constructing a simple and understandable treatment covering the background and structure of the subject. The intention of the treatment, however, is to emphasize the personality of the jurisdiction of the federal courts. Personality is the sum total of a unit's assets and liabilities, actual and potential. It depends on interaction with other units for any successful measurement, otherwise it is just a passive entity, untried and untested. The personality of law depends upon its interpretation and application as well as …


Illicit Narcotics And The Law, John R. Mcginness Jan 1954

Illicit Narcotics And The Law, John R. Mcginness

Cleveland State Law Review

The regulation and control of the use of narcotic drugs has long been recognized as the joint responsibility of the state and federal governments, and co-operation between the two is specifically directed in the Federal Act. The purpose of the Uniform Narcotic Drug Acts of the states is to parallel and supplement the Federal Narcotic Laws. Federal officials, in theory, concentrate on interstate traffickers, and state officials on intrastate violations. In reality, however state and federal agents both co-operate in policing the illicit traffic. The Federal Bureau of Narcotics consists of a force of about 260 men, with which it …