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Articles 1 - 10 of 10
Full-Text Articles in Law
The Labor Injunction - Weapon Or Tool, Robert M. Debevec
The Labor Injunction - Weapon Or Tool, Robert M. Debevec
Cleveland State Law Review
An injunction is an order or write issued by a court of equity commanding an individual or group of individuals to do or refrain from doing certain acts. These certain acts may pertain to any one of a variety of matters. Here we are concerned only with the injunction as it is applied to labor organizations or individuals to prevent them from doing or cause them to do certain acts in their relationship to management. Whether these acts are lawful or unlawful is the point which decides whether or not an injunction will be allowed.
Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald
Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald
Cleveland State Law Review
The doctrines of res judicata and estoppel by judgment are fundamental rules of the law which in both theory and practice fit into rather well defined situations, with one significant exception. An attempt to apply these doctrines to actions for wrongful death points out a serious vacuum in the law. A consideration of whether an injured person's release during his lifetime of a claim for personal injuries bars later claim of his administrator for wrongful death and pain and suffering of decedent will bring the problem into clear perspective. The solution, and there appears to be none short of statutory …
A Historical Sketch Of The American Recording Acts, P.H. Marshall
A Historical Sketch Of The American Recording Acts, P.H. Marshall
Cleveland State Law Review
The Recording Acts have come into existence primarily to fulfill the "needs" and requirements of the people enacting them - the ultimate need being the protection of the bona fide purchaser for value in a real estate conveyance. However, the requirements of the people throughout the historical development of the law differed greatly. It is quite clear that the fore-running statutes of today's recording acts were based upon a revenue preservation basis rather than the protection of anyone. As land conveyance became more frequent, this pecuniary basis was transformed into a more equitable one, which finally formulated the recording acts …
Two Views On The Federal Narcotics Law Problem: Ii - Need For An Effective Treatment And Education Program In The Federal Narcotics Law, Howard W. Jordan
Two Views On The Federal Narcotics Law Problem: Ii - Need For An Effective Treatment And Education Program In The Federal Narcotics Law, Howard W. Jordan
Cleveland State Law Review
Our interest in the extent and nature of the narcotics problem stems from our experience as a social worker and probation officer over a number of years in trying to supervise narcotic users on probation. However, our interest was crystallized in 1951 at the increased number of such cases appearing in our court since 1950, and we became genuinely alarmed. As a result of staff discussion and interest, we were authorized by the chief probation officer, Richard J. McManus, to study this problem and to conduct a preliminary survey of the problem in the State of Ohio. The study pointed …
Judicial Self Denial And Judicial Activism - The Personality Of The Original Jurisdiction Of The Federal District Courts, Oliver Morse
Judicial Self Denial And Judicial Activism - The Personality Of The Original Jurisdiction Of The Federal District Courts, Oliver Morse
Cleveland State Law Review
Removal jurisdiction is the authority by which a cause of action or claim can be transferred, before trial, from a state court to a federal district court. This jurisdiction is purely statutory and as such finds its authority and the manner and conditions upon which that authority is to be exercised, in the acts of Congress. In the grant of that authority, Congress is confined to the limits of the constitution. Congressional authority for removal jurisdiction is not found in any of the express grants of jurisdiction in the constitution. Congress' power to provide for removal jurisdiction is an implied …
Industrial Trade Secrets, Their Use And Protection, G. G. Maruchnics
Industrial Trade Secrets, Their Use And Protection, G. G. Maruchnics
Cleveland State Law Review
Because of the great part that such trade secrets play in the success of many industrial endeavors, the courts have been called upon on many occasions to resolve controversies of litigants concerning such secrets.The cases most often appearing before the courts involve the relationship of employer and employee, or former employee. Out of this relationship arise the questions of ownership and use and misuse of alleged confidential information or trade secrets. Other relationships have also been considered by the courts, and the questions considered are in many respects overlapping. The big question is to determine what is a trade secret …
Tax Advantages Of Foundations And Exempt Organizations, Joseph Berman, Daniel S. Berman
Tax Advantages Of Foundations And Exempt Organizations, Joseph Berman, Daniel S. Berman
Cleveland State Law Review
Businessmen these days are playing an ever increasing role in the creation and support of "non-profit" philanthropic foundations. Their purpose is a dual one; to save taxes and to immortalize a family name, and they are as old as the pyramids. We know of about 20,000 foundations existing in England, but the large broad-purpose foundations were created in the United States. The greatest expansion in this area is attributable to the family and corporate foundations. The corporation tax of 52% and the individual income tax of up to 91% are so severe that high-bracket taxpayers can give to charity at …
The Analogous Development Of The Fair Trade And Tax Limitation Movements, Frank E. Packard
The Analogous Development Of The Fair Trade And Tax Limitation Movements, Frank E. Packard
Cleveland State Law Review
The Fair Trade Act, or resale price maintenance, movement began in 1913. The movement to limit federal income, gift, and estate tax rates to twenty-five per cent in peacetime commenced in 1939. The fair trade act movement was spearheaded by the American Fair Trade League. The federal income, gift, and estate tax rate limitation movement is spearheaded by the Western Tax Council.
Two Views On The Federal Narcotics Law Problem: I - Suggestion To Facilitate Apprehension And Conviction Of Narcotic Law Violators, Sumner Canary
Two Views On The Federal Narcotics Law Problem: I - Suggestion To Facilitate Apprehension And Conviction Of Narcotic Law Violators, Sumner Canary
Cleveland State Law Review
There are three principal aspects to the enforcement of narcotic laws. They are: (1) the apprehension of the criminal; (2) the prosecution of the offender; and (3) the sentencing of a convicted offender. The United States Attorney is concerned primarily with the prosecution of cases which are prepared by other agencies and presented to him. For the most part, the prosecution of narcotic cases is relatively simple because there is little sympathy on the part of any juror for criminals of this type. Most narcotics come from foreign countries and come into the United States at seaports. Today most narcotics …
Random Thoughts On Marriage And Divorce, Samuel H. Silbert
Random Thoughts On Marriage And Divorce, Samuel H. Silbert
Cleveland State Law Review
Marriage and divorce give rise to our most perplexing legal difficulties. This is partly due to social considerations. A primary cause, however, can be found in the States' Rights Doctrine as a consequence of which there has been constant confusion and a lack of uniformity in our laws. Our various states differ on when people may marry; whom they may marry; the ages at which they may marry; the residence requirements for divorce and the grounds for divorce. Thus, despite the Full Faith and Credit Clause in the United States Constitution, the decrees obtained in one state are not necessarily …