Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (9)
- Legal Ethics and Professional Responsibility (8)
- Medical Jurisprudence (6)
- Torts (3)
- Civil Procedure (2)
-
- Evidence (2)
- Juvenile Law (2)
- Computer Law (1)
- Constitutional Law (1)
- Criminal Law (1)
- Disability Law (1)
- Entertainment, Arts, and Sports Law (1)
- Insurance Law (1)
- Intellectual Property Law (1)
- Labor and Employment Law (1)
- Land Use Law (1)
- Law and Gender (1)
- Law and Psychology (1)
- Legal History (1)
- Sexuality and the Law (1)
- Keyword
-
- Legal profession (5)
- Negligence (4)
- Substance abuse (4)
- Alcohol (3)
- Health care (3)
-
- Informed consent (3)
- ADA (2)
- Americans with Disabilities Act (2)
- Career development (2)
- Damages (2)
- Disclosure (2)
- Duty of care (2)
- Ethics (2)
- HIV (2)
- Lawyer distress (2)
- Lawyers (2)
- Malpractice (2)
- Mandatory disclosure (2)
- Mental health (2)
- Ohio (2)
- Ohio law (2)
- Testing (2)
- Agency by estoppel (1)
- Alcohol abuse (1)
- Antitrust (1)
- Baseball (1)
- Best interests of the child (1)
- Bioethics (1)
- Bone marrow donor (1)
- Causation (1)
Articles 1 - 30 of 33
Full-Text Articles in Law
Hiv-Specific Crime Legislation: Targetting An Epidemic For Criminal Prosecution, Erin M. O'Toole
Hiv-Specific Crime Legislation: Targetting An Epidemic For Criminal Prosecution, Erin M. O'Toole
Journal of Law and Health
A growing number of state legislatures have drafted HIV specific crime statutes which criminalize the intentional transmission of the HIV virus to another. This discussion will focus on the impact of HIV-specific crime statutes on the following issues: confidentiality, the right to privacy, the decision to submit to HIV testing, and how the statutes may or may not succeed in containing the spread of HIV.
Impeachment Of Party By Prior Inconsistent Statement In Compromise Negotiations: Admissibility Under Federal Rule Of Evidence 408, Fred S. Hjelmeset
Impeachment Of Party By Prior Inconsistent Statement In Compromise Negotiations: Admissibility Under Federal Rule Of Evidence 408, Fred S. Hjelmeset
Cleveland State Law Review
This note will explore the concept of compromise and the public policy in furtherance of compromise and settlement, and then discuss whether Rule 408,in its current form, is maximizing its potential to effectively serve that public policy. The note concludes that an amendment extending Rule 408's protective reach to exclude a party's prior inconsistent statements in compromise negotiations from admission into evidence for impeachment purposes would strengthen the inducement to settle claims without erecting any new substantial obstacles in the way of the truth-finding process. The central rationale is that, if the laws permit compromise negotiations to become arenas where …
Doctors, Nurses And Superseding Cause: The Demise Of The Last In Time Defense, Charles Lattanzi
Doctors, Nurses And Superseding Cause: The Demise Of The Last In Time Defense, Charles Lattanzi
Journal of Law and Health
The question which naturally arises is whether the determination of superseding cause in this context is a question for the jury. Ohio case law has long held, as a matter of law, that the aggravation of an injury by the subsequent malpractice of a physician never breaks the chain of causation. Assuming that the original tortfeaser was negligent and that his actions caused the original injury, the only question left for the jury is whether the plaintiff herself exercised reasonable care in seeking treatment by a qualified physician. This rule was affirmed and given its common appellation, "the subsequent tortfeasor …
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Journal of Law and Health
The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Journal of Law and Health
I am convinced, on the basis of experience as a teacher at five law schools, that it is possible to establish a law school culture in which the administration and faculty can work effectively to substantially reduce the level of unnecessary law student distress. I believe, however, that accomplishing this on any large scale among the law schools generally might require not only implementation of many of the suggestions of Professors Glesner and Kutulakis, but also that we abandon the ideas that all law schools should be fundamentally similar, built on the model of a large-enrollment major research center, and …
Lawyer Distress: A Comment, Susan S. Locke
Lawyer Distress: A Comment, Susan S. Locke
Journal of Law and Health
I will not debate whether or not the practice of law creates dysfunction, requires dysfunction or perpetuates dysfunction. I am reminded of a colleague who, when looking at his law firm partners who practice in my field of estate planning asked, "Do you have to be eccentric to go into estate planning, or does it just make you that way after a while?" Probably the answer is a little of both, and it is as true for the practice of law in general as it is for estate planning. When the dust settles at some time in the future, we …
Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow
Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow
Journal of Law and Health
Part I of this article briefly explores the licensing and disciplinary processes. Because each state board has broad discretion in reaching its decisions, an illness might be ignored in one state, trigger only periodic monitoring in another, and be grounds for sanction in a third. As the duty of every state board is the same - to protect patients from incompetent doctors - this disparate treatment is absurd. The implicit notion that the impact of a physician's illness on his ability to practice changes depending on a state line is not credible. Although statutes and cases may use different language …
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Journal of Law and Health
It is clear to me that members of the legal profession are obliged to take these findings seriously. I shall suggest below a few reservations about the analysis. Nevertheless, the important findings are established by empirical evidence so powerful that they can be ignored only through a wish not to believe. If the findings are accepted as a description of reality, the challenge is to work out sensible courses of action in response. The challenge is formidable.
An Application Of Federal Rule Of Civil Procedure 26(A)(1) To Section 1983 Actions: Does Rule 26(A)(1) Violate The Rules Enabling Act, Shilpa Shah
Cleveland State Law Review
The purpose of this note is to generally explain the problems associated with Rule 26(a)(1), and to specifically examine whether it violates the Rules Enabling Act's prohibition on affecting substantive rights. To illustrate the problem with applying Rule 26(a)(1) to all cases, the note will examine mandatory disclosure as it applies to civil rights cases brought under 42 U.S.C. § 1983. The note concludes that Rule 26(a)(1) infringes on substantive rights in violation of the Rules Enabling Act; however, instead of invalidating the mandatory disclosure rule entirely, federal courts should not apply Rule 26(a)(1) to cases brought under § 1983 …
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Cleveland State Law Review
This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.
A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson
A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson
Cleveland State Law Review
It is the purpose of this Note to review and evaluate the benefits to making full disclosure to a terminally ill patient. It is this author's position that a patient's well-being and dignity dictate that the physician be forthright with all information regarding a patient's diagnosis and the range of treatments available, including both active and passive treatments.
Opening The Courthouse Doors: Allowing A Cause Of Action To Arise Directly From A Violation Of The Ohio Constitution, David M. Gareau
Opening The Courthouse Doors: Allowing A Cause Of Action To Arise Directly From A Violation Of The Ohio Constitution, David M. Gareau
Cleveland State Law Review
This note will explain why Ohio's Constitution should be looked to as the source of meaningful remedy when its provisions are violated. I will demonstrate that a cause of action grounded upon a violation of the Ohio Constitution is not only meaningful, but necessary to the notion of constitutional rights. Section two will briefly discuss the necessity of allowing a cause of action to arise from a violation of the Ohio Constitution. In particular, I will discuss the independence of the Ohio Constitution; the federal courts' increasing hostility toward the vindication of federal constitutional rights; and the benefit of allowing …
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
Cleveland State Law Review
This Note discusses the issue of childhood sexual abuse and challenges the appropriateness of Ohio's current statute of limitations for prosecuting a civil claim of childhood sexual abuse. Part II of this Note describes the problem of child sexual abuse in our society. Part III examines the short-and long-term effects of childhood sexual abuse, particularly memory repression. Part IV reviews the theory of recovered memories and the associated problems with reliability. Part V addresses Ohio's governing statute of limitations for civil claims of childhood sexual abuse. Part VI reviews the history of the discovery rule in Ohio and its application …
Negligent Hiv Testing And False-Positive Plaintiffs: Pardoning The Traditional Prerequisites For Emotional Distress Recovery, Nicholas M. Coquillard
Negligent Hiv Testing And False-Positive Plaintiffs: Pardoning The Traditional Prerequisites For Emotional Distress Recovery, Nicholas M. Coquillard
Cleveland State Law Review
This Note focuses upon the unique circumstances surrounding false-positive plaintiffs' claims. Part II examines the recent surge of litigation resulting from false-positive test results. The discussion begins by analyzing HIV antibody testing and procedure and concludes by noting that negligent testing is the prevailing factor in faulty diagnosis. Part III explores negligent infliction of emotional distress as a cause of action for false-positive plaintiffs. This section begins by tracing the historical development of the law on negligent infliction of emotional distress. The discussion focuses on both the development and abandonment of the traditional limitations placed upon emotional distress recovery. Part …
Advancing The Rights Of Children And Adolescents To Be Altruistic: Bone Marrow Donation By Minors, Jennifer K. Robbennolt, Victoria Weisz, Craig M. Lawson
Advancing The Rights Of Children And Adolescents To Be Altruistic: Bone Marrow Donation By Minors, Jennifer K. Robbennolt, Victoria Weisz, Craig M. Lawson
Journal of Law and Health
This article examines the standards used for answering the question of whether minors should be allowed to donate bone marrow. Part II introduces the legal background and the standards currently used by courts. Part III explores the unsatisfactory nature of these standards. Part IV presents an empirical study that is intended to provide some help in understanding what might be a useful and respectful standard. Part V concludes the article with a discussion of two alternative revised standards grounded in the doctrines of substituted judgment and the best interests of the child.
Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman
Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman
Journal of Law and Health
The purpose of this paper is to examine the role(s), if any, of the attorney as a member of bioethics committees, especially hospital ethics committees. In the process of determining whether an attorney should serve on these committees, the arguments will contrast the potential role of an attorney with the different types of attorneys who may be chosen to serve as members of a hospital ethics committee. The ultimate conclusion of this paper is that attorneys do have a role on ethics committees, but that the role depends on the type of attorney, the individual committee and the way the …
Clark V. Southview Hospital: Ohio Follows The Nationwide Trend Of Using Agency By Estoppel To Impose Strict Liability On Hospitals , Colleen Moran
Clark V. Southview Hospital: Ohio Follows The Nationwide Trend Of Using Agency By Estoppel To Impose Strict Liability On Hospitals , Colleen Moran
Journal of Law and Health
In Clark, the Ohio Supreme Court set forth a test a plaintiff must meet in order to hold a hospital vicariously liable under the doctrine of agency by estoppel. The court based its test on numerous such decisions from jurisdictions across the country. However, the legal soundness of Clark and the decisions on which it relied is questionable, as many of these jurisdictions misapplied the legal doctrines underlying agency by estoppel theory. This article analyzes the legal doctrines on which agency by estoppel is based, how this theory of vicarious liability has evolved in Ohio, and how state courts across …
True Protection For Persons With Severe Mental Disabilities, Such As Schizophrenia, Involved As Subjects In Research - A Look And Consideration Of The Protection Of Human Subjects , Anne J. Ryan
Journal of Law and Health
This article begins with an in-depth discussion of the UCLA incident followed by the history of protecting human research subjects and a review of the current law intended to protect research participants. Next, it explains the nature of schizophrenia and discusses the topic of schizophrenia and the informed consent process, explaining why persons with schizophrenia warrant more protection than is currently given, especially in the areas of monitoring and informed consent. This article also examines proposed ideas, from various sources, for better protection of the mentally disabled as research subjects. This article concludes with this writer's proposal as to how …
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Journal of Law and Health
What is the result of all this stress? As previously noted in the Beck, Sales, and Benjamin study, more and more attorneys are turning to alcohol as a "stress reliever." Also, a higher percentage of lawyers are dissatisfied with their personal relationships than the "normal population." A poll conducted for the New York Law Journal by a Manhattan polling firm found that of the lawyers polled who had been divorced, fifty-six percent asserted that their careers in the law had contributed to the breakup of their marriages. Of great concern is the fact that an increasing number of attorneys are …
The Health Care Proxy And The Narrative Of Death, Steven I. Friedland
The Health Care Proxy And The Narrative Of Death, Steven I. Friedland
Journal of Law and Health
This article is divided into three sections. After this introduction, section II features a brief history of the narrative of death, explores the role of heroism in the death narrative, described the "miracles" of modern medicine, and analyzes some of the resulting adverse transformations wrought by the advances. The transformations include the unrealistic expectations of longevity and obsession with youthfulness, the removal of death from the personal realm, and the change in the nature of death. Section III examines the legal apparatus erected to meet the issues created by the medical advances, including the redefinition of death, and Constitutional, common …
Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall
Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall
Journal of Law and Health
This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber
Journal of Law and Health
The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to …
A Mandatory Disclosure And Civil Justice Reform Proposal Based On The Civil Justice Reform Act Experiments, Eric F. Spade
A Mandatory Disclosure And Civil Justice Reform Proposal Based On The Civil Justice Reform Act Experiments, Eric F. Spade
Cleveland State Law Review
The objective of this note is to examine the CJRA experiments with mandatory disclosure and, based on that examination, to propose an alternative approach to the current trend of micromanaging case management through the Federal Rules of Civil Procedure. This note begins by defining mandatory disclosure and providing a brief account of its origin. Next, the Civil Justice Reform Act is described, followed by an examination of the various CJRA mandatory disclosure experiments conducted by district courts nationwide. The main portion of this note endeavors to apply some of the lessons learned in the CJRA context to the flawed approach …
The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.
The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.
Cleveland State Law Review
It is the purpose of this Article to explore systematically the creation of the new system of land law in the seventeenth century. The Article opens with a brief introduction to some of the major events of the seventeenth century to assist readers unfamiliar with this period. Successive sections will then treat the abolition of the feudal tenures and the adoption of socage tenure, the defeat of copy hold and the triumph of the enclosure movement, the creation of the rule against perpetuities and the strict settlement, and the creation of the modem trust and mortgage instruments.
Time For Legislative Action: Landlord Liability In Ohio For Lead Poisoning Of A Tenant, Brett P. Barragate
Time For Legislative Action: Landlord Liability In Ohio For Lead Poisoning Of A Tenant, Brett P. Barragate
Cleveland State Law Review
This Note addresses landlord liability in Ohio for lead poisoning of a tenant. In Part II, the effects of lead exposure on children and the number of children at risk in Ohio are briefly examined to clearly define the problem. Part III describes the lack of federal involvement in the area of lead poisoning in private residential housing. Parts IV and V examine the current state of lead litigation in Ohio and the response of Ohio courts. Finally, Part VI recommends that the Ohio legislature increase its role in the lead poisoning problem and provides remedies to victims of lead …
An Opinion: Federal Judges Misconstrue Rule 704 (Or Is That An Impermissible Legal Conclusion), Kathy Jo Cook
An Opinion: Federal Judges Misconstrue Rule 704 (Or Is That An Impermissible Legal Conclusion), Kathy Jo Cook
Cleveland State Law Review
This article addresses the need to formulate a uniform and predictable approach to the admissibility of expert opinion testimony which relates the law to the facts. First, it briefly discusses the history of expert opinion testimony. Second, it discusses, through a case analysis, the difficult, if not impossible task that courts have assumed in attempting to differentiate between two types of expert opinions: (1) those which are, by their nature, factual; and (2) those which require some level of legal analysis-directly relating the law to the facts of the case. Finally, this article suggests an alternative approach which is arguably …
The Marital Rape Exemption: Evolution To Extinction, Lalenya Weintraub Siegel
The Marital Rape Exemption: Evolution To Extinction, Lalenya Weintraub Siegel
Cleveland State Law Review
It is the position of this Note that true equality between women and men can never exist until every state has completely abolished the marital rape exemption. This abolishment would give every woman, married or unmarried, the freedom to control her own body. The purpose of this Note is to encourage legislators, and those who influence them across the United States, to complete the abolishment of the marital rape exemption. Part II of this Note presents an analysis of the common law origins and legal justifications for the marital exemption. Part III examines the progressive groundbreaking states which have set …
An Overview Of Ohio Product Liability Law, Stephen J. Werber
An Overview Of Ohio Product Liability Law, Stephen J. Werber
Cleveland State Law Review
Although claims predicated on harm caused by defective products sounding in warranty and negligence, aided and abetted by the doctrine of res ipsa loquitur, existed well before the twentieth century, product liability as we now know it was initially foreshadowed in Ohio in the seminal case of Rogers v. Toni Home Permanent Co. Shortly after the true product liability revolution began, Ohio joined the revolution with the adoption of strict liability in warranty without privity in Lonzrick v. Republic Steel Corp. The Ohio Supreme Court then recognized that this approach to strict liability was no different from the more recognized …
The Nursing Profession In The 1990'S: Negligence And Malpractice Liability, Frank J. Cavico, Nancy M. Cavico
The Nursing Profession In The 1990'S: Negligence And Malpractice Liability, Frank J. Cavico, Nancy M. Cavico
Cleveland State Law Review
Since expanded responsibility portends increased liability, a thorough understanding of the law must be achieved for nurses' rights to be adequately protected and for nurses to be held properly accountable for their legal obligations. This work examines the legal rights, responsibilities, and particularly the potential legal liability of the nurse, in the contexts of modem nursing practice and current statutes and case law. The work focuses on one major aspect of the nurse's legal liability -the tort, or civil wrong, of negligence.
Is This The Bottom Of The Ninth For Baseball's Antitrust Exemption - A Proposed Removal Of The Exemption And Analysis Of Player Restraints In An Exemption-Free Environment, Brian F. Zeck
Cleveland State Law Review
This note will describe the creation and development of the antitrust exemption granted to Major League Baseball and the continuing vitality of that exemption with respect to labor relations. Part I will detail the creation of the antitrust exemption, the tests articulated by the Supreme Court to determine whether a particular industry violates the antitrust laws, an application of those tests to baseball, and the possibility of finally removing this exemption through legislation in order to bring the law for the industry of baseball into line with other industries. Part II will discuss how the antitrust laws and labor laws …