Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (376)
- Torts (373)
- Criminal Law (234)
- Medical Jurisprudence (228)
- Constitutional Law (207)
-
- State and Local Government Law (171)
- Legal Education (134)
- Labor and Employment Law (121)
- Civil Rights and Discrimination (109)
- Evidence (105)
- Business Organizations Law (99)
- Property Law and Real Estate (94)
- Courts (93)
- First Amendment (86)
- Legal Profession (86)
- Criminal Procedure (70)
- Intellectual Property Law (69)
- Education Law (66)
- Civil Procedure (65)
- Supreme Court of the United States (64)
- Family Law (62)
- International Law (59)
- Insurance Law (58)
- Legislation (56)
- Dispute Resolution and Arbitration (55)
- Legal Ethics and Professional Responsibility (55)
- Law and Psychology (54)
- Science and Technology Law (54)
- Taxation-Federal (52)
- Keyword
-
- Ohio (90)
- Damages (49)
- Discrimination (37)
- First Amendment (31)
- Medical malpractice (31)
-
- Due process (30)
- Negligence (29)
- Legal education (28)
- Health insurance (26)
- Legislation (25)
- Malpractice (25)
- Ethics (24)
- Fourteenth Amendment (24)
- Death penalty (23)
- Criminal law (22)
- First amendment (22)
- Abortion (21)
- Insurance (21)
- Consent (20)
- Constitutional law (20)
- Law school (20)
- Liability (20)
- Tort law (20)
- Ohio law (19)
- Expert testimony (18)
- Causation (17)
- Constitution (17)
- Immunity (17)
- Informed consent (17)
- Regulation (17)
- Publication Year
Articles 3001 - 3028 of 3028
Full-Text Articles in Law
Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review
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.
Ex Parte Deprivation Of Telephone Service To Alleged Gamblers - Police Power Vs. Constitution, Jules L. Kaufman
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 …
Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray
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 …
Some Notes On Comparing Tax Accounting And General Accounting, Arthur R. Cerio
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
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 Tariff Primer, Stanley J. Emerling
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 …
Securities And The Small Corporation, Leonard Lane
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, …
Personal Holding Companies And Gross Income, Harvey Mahlig
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 …
Book Review, Carl G. Weygandt
Book Review, Carl G. Weygandt
Cleveland State Law Review
Reviewing Hon. Arthur Vanderbilt, Cases and Other Materials on Modern Procedure and Judicial Administration
Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review
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
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
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 …
A Note On Racial Restrictions, William R. Kinney
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?
The New Ohio Motor Vehicle Safety Responsibility Act, A Preliminary View, Nelson G. Karl
The New Ohio Motor Vehicle Safety Responsibility Act, A Preliminary View, Nelson G. Karl
Cleveland State Law Review
The purpose of the Ohio Motor Vehicle Safety Responsibility Act is to reduce the number of unsatisfied judgments entered against those found liable in motor vehicle accidents. The new Act provides that an operator of a motor vehicle must either carry liability insurance or be in a position to deposit security if and when he is involved in an accident. Under the present Financial Responsibility Act, the registrar revokes an operator's license where there is a failure to satisfy a final judgment. The new Act enables the registrar to revoke this license before a judicial body has made a determination …
Discharge Of Corporate Indebtedness At Less Than Face Value Under The Internal Revenue Code, Harvey Mahlig
Discharge Of Corporate Indebtedness At Less Than Face Value Under The Internal Revenue Code, Harvey Mahlig
Cleveland State Law Review
Prior to 1939 whenever a corporation paid less than the face amount of an obligation in full satisfaction thereof, taxable income was realized to the extent of the difference. In 1939 paragraph (9) was added to Section 22 (b) of the InternalRevenue Code. Therein it was provided that there should not be included in the taxable income of a corporation the amount of income attributable to the discharge of any indebtedness as evidenced by a security, provided at the time of such discharge the corporation was in an unsound financial condition. In orderto obtain the relief provided, the corporation had …
Deportation Based On Criminality Before Entry, Maurice B. Lavine
Deportation Based On Criminality Before Entry, Maurice B. Lavine
Cleveland State Law Review
There are two principal statutory grounds for deportation of aliens based on criminality. First is the restriction against those who committed crimes before coming to these shores. Second is the ground which provides for the expulsion of the undesirable who was welcome when he first applied for admission to the United States but has subsequently committed proscribed acts. The purpose of this article is to examine the first class named above, and to consider proposed legislation on the subject now before the Congress.
Relief For Vendee From Vendor's Strike, Warren D. Langer
Relief For Vendee From Vendor's Strike, Warren D. Langer
Cleveland State Law Review
While all persons affected by strikes do not have an available remedy, there are many situations where rights and actions have not been exercised and innocent persons have suffered although the necessity of doing so has been precluded by our existing laws. In the first remedy, breach of contract, an injured vendee may maintain an action either against a vendor who fails to protect himself by an appropriate strike clause or a vendor who willfully breaches a contract and then attempts to utilize the fact of a strike as a defense. The second remedy, an action against the striking union, …
Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor
Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor
Cleveland State Law Review
Where the loss of her husband's consortium is the result of personal injuries caused by the mere negligence of a third person, the wife has no cause of action; she did not have such right at common law and no legislation has been enacted to give her this right. Nevertheless, at the same time that this right is denied to the wife, her husband has a cause of action under identical circumstances. In such a case, the gist of the action is the loss of his wife's services, and the right has not been affected by legislation which has abrogated …
Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi
Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi
Cleveland State Law Review
An improved, workable, and sensible test for "excessiveness" in the area of personal injury awards must be established. It is fairly easy to confuse "excessive" with the concept of "large" or "high" awards. In some particular instances perhaps relatively larger or higher awards are proper in today's economy. But, the bulk of over a million injury cases is at a level fairly easy to classify and thereby to compensate properly. When proper standards are established, then awards become excessive when they go beyond this just and equitable measure. Classifications and guides for the vast majority of personal injury claims will …
The Inns Of Court In London, Charles E. Cook
The Inns Of Court In London, Charles E. Cook
Cleveland State Law Review
It is a generally known fact that most of our American law was adopted from the English Common Law. Therefore, it should be interesting to learn how the English lawyers are educated. The Inns of Court: Lincoln's Inn, Gray's Inn, Inner Temple, and Middle Temple are the four principal Inns which gave rise to the English law schools.
Inducing Breach Of Contract In Ohio, Arlene B. Steuer
Inducing Breach Of Contract In Ohio, Arlene B. Steuer
Cleveland State Law Review
This article is limited in its scope to the development in Ohio of a cause of action for the tort of wrongfully inducing breach of contract, either by fraud, duress, obstruction, etc., or by mere persuasion, and the extent to which an invasion of contractual rights will be privileged by the fact that the actor is a competitor. It is not intended to cover generally the subject of interference with contract rights, nor the various situations under which an actor will be privileged to interfere with another's contractual rights except when the privilege claimed is competition. The development of this …
Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review
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.
Union Security Under Federal Statutes; A Primer, George Maxwell
Union Security Under Federal Statutes; A Primer, George Maxwell
Cleveland State Law Review
Union security is a term with many ramifications, all of which stem from the basic right of a union to represent the employees of a business in their collective bargaining with the employer. A union is secure when its right to represent the employees is embodied in a contract between the union and the employer, containing a clause which assures the union a continuing right of representation. Such a contract clause protects the union from challenge by another union, from repudiation by the membership during the life of the contract and from a refusal by the employer to recognize the …
Modification Of Domiciliary State's Power To Tax Vessels Engaged In Interstate Commerce, Sam W. Baker
Modification Of Domiciliary State's Power To Tax Vessels Engaged In Interstate Commerce, Sam W. Baker
Cleveland State Law Review
Standard Oil Co. v. Peck, Tax Commissioner et al., 72 S. Ct. 309 (1952) Held: The ad valorem taxes levied by various states must be fairly apportioned to the commerce carried on within the taxing state. The rule permitting taxation of personal property used in interstate operations by two or more states on an apportionment basis precludes taxation on full value of all such property by the state of domicile.
The Equitable Theory Of Injunction In Domestic Relations, Moss H. Thompson
The Equitable Theory Of Injunction In Domestic Relations, Moss H. Thompson
Cleveland State Law Review
Adequate protection in the nature of injunctive relief has been extended to all branches of the law where there is a primary property right to be protected. Despite the rapid development in the field of equitable relief it has always been considered extraneous to actions in domestic relations. The majority of the courts will not protect marital and domestic rights from third party intervention because such action involves a personal right rather than a necessary property right. There is adequate reason for a change in this precept which delegates personality to such an insecure position. Only a limited number of …
Treasury Stock; A Corporate Anomaly, Harry Kotler
Treasury Stock; A Corporate Anomaly, Harry Kotler
Cleveland State Law Review
Treasury shares are an anomaly, since it has thus far appeared that they have been subjected to a doctrine of expediency, a doctrine of ascertaining their position and consequences only from the point of view of the specific problem at hand. They are assets for one purpose, but not assets for another. They are treated as existing for one purpose, but nonexistent for another. They appear, reappear and disappear. They have a fluidity which is uncommon in corporate law, where certainty, precision and definiteness are the keynotes. Because they offer to a corporation a singularly tempting opportunity to represent the …
The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne
The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne
Cleveland State Law Review
The creator of a trust of any complexity or length of duration usually attempts to create future contingent interests under the trust, or interests to take effect after the termination of the trust. In making provisions for such contingent future interests, the settlor must be careful to respect the Rule Against Remoteness of vesting, if he would have his trust secure against attack. Thus, if S wishes to create a trust by his will in favor of his children and grandchildren, providing for grandchildren who may be born after S's death, it is obvious that he desires to provide for …
Taxation; Deductibility Of Corporate Contributions To A Group Annuity Policy And An Employee's Trust, Daniel R. Mccarthy
Taxation; Deductibility Of Corporate Contributions To A Group Annuity Policy And An Employee's Trust, Daniel R. Mccarthy
Cleveland State Law Review
Discussion of Lincoln Electric Company v. Commissioner of Internal Revenue, 17 Tax Court 1600 (1952): The petitioner, a manufacturing company, paid the sum of $575,206.43 into a retirement annuity policy for its employees and contributed the sum of $1,000,000.00 to an employees' trust. Held: Such payments constituted ordinary and necessary business expenses and were deductible under section 23 (a) (1)(A) of the Internal Revenue Code.