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Articles 1 - 30 of 42
Full-Text Articles in Law
The Chancellors Are Alright: Nationwide Injunctions And An Abstention Doctrine To Salve What Ails Us, Ezra Ishmael Young
The Chancellors Are Alright: Nationwide Injunctions And An Abstention Doctrine To Salve What Ails Us, Ezra Ishmael Young
Cleveland State Law Review
This Article endeavors to reclaim the nationwide injunction as a valid exercise of federal equity power within the jurisdictional limits set by Article III. It posits that federal equity is expansive—it extends as far as necessary to provide a remedy where there is no adequate one at law. Historical and doctrinal context and critique are deployed to demonstrate that nationwide injunctions are not constitutionally ultra vires. This Article also posits that despite having expansive equity jurisdiction and powers, federal courts can and should in many cases exercise their constitutional discretion when sitting in equity to abstain in certain nationwide injunction …
Frivolous Defenses, Thomas D. Russell
Frivolous Defenses, Thomas D. Russell
Cleveland State Law Review
This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs’ bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash personal injury cases in Colorado’s district courts. The Article situates these cases within dispute pyramid elements, including the total number of miles-traveled within Colorado and the volume of civil litigation. The Article then analyzes the defense attorneys’ departures from the Colorado Rules of Civil Procedure, especially Rule 8. …
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
Cleveland State Law Review
This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that …
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Cleveland State Law Review
This Article briefly traces the history of the employment-at-will doctrine from its origins in the English common law through the present. It also examines the exceptions to this doctrine that have arisen during the twentieth century and, in particular, the "public policy" exception. Next, the Article analyzes how Ohio courts have narrowed the at-will doctrine since 1990. The Article then examines the Kulch decision and responds to a recent article that favorably analyzes Kulch. Finally, the Article concludes that this case is improperly decided because it usurps the right of the legislature to establish public policy in statutes and because …
The Proposed Securities Private Enforcement Reform Act: The Introduction Of Proportionate Liability Into Rule 10b-5 Litigation, Alan S. Ritchie
The Proposed Securities Private Enforcement Reform Act: The Introduction Of Proportionate Liability Into Rule 10b-5 Litigation, Alan S. Ritchie
Cleveland State Law Review
The purpose of this note is to evaluate the ramifications of this particular proposed amendment to the 1934 Act. Part II will summarize the current status of the proposed bill and its provisions. Part I will briefly survey the history and requirements of the private cause of action under Rule 10b-5, particularly the scienter requirement because of its impact on the understanding of the proposed reform. Finally, Part l will address the justifications for the proposed reform, and the effects the reform will have on 10b-5 litigation.
Chicken Little's Revenge: Strict Judicial Scrutiny Of Scientific Evidence, Scott Charles Walker
Chicken Little's Revenge: Strict Judicial Scrutiny Of Scientific Evidence, Scott Charles Walker
Cleveland State Law Review
This note focuses on the current controversy over admissibility standards for novel scientific testimony. It will trace the development of legal standards for expert witness admissibility from the common law through the adoption of the Federal Rules of Evidence and to the current trend of strict judicial scrutiny. In addition, this note will analyze the issues before the United States Supreme Court in Daubert and will argue, in spite of indications to the contrary, that the Court should not be too quick to continue tightening the judicial noose on scientific experts. Finally, this note will dispute the utility of amending …
Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze
Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze
Cleveland State Law Review
The United States Supreme Court, in Darden v. Wainwright, stated that where the error is forensic in nature, appellate courts should reverse a conviction when the prosecutor's misconduct "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Therefore, except in the most egregious cases, appellate courts are placed in the uncomfortable position of condemning the prosecutor's behavior while affirming the conviction, thus fostering what an appellate judge once called "a deplorably cynical attitude towards the judiciary. This article will focus on one aspect of prosecutorial misconduct which has been chronicled with alarming …
Being And Nothingness: Commencement And The Application Of Ohio Civil Rules 3(A) And 4(E), J. Patrick Browne
Being And Nothingness: Commencement And The Application Of Ohio Civil Rules 3(A) And 4(E), J. Patrick Browne
Cleveland State Law Review
As a general rule, a civil action comes into existence at the moment of commencement, and it ceases to exist as an action when the court journalizes a final judgment that adjudicates the rights of all of the parties and determines all of the claims involved in the action. Because the action comes into existence with commencement, it is important to define that precise moment in time when the action is deemed to have commenced. That is the task of Civil Rule 3(A), which states: "A civil action is commenced by filing a complaint with the court, if service is …
A Practical Approach To The Use Of Expert Testimony, Irving Younger
A Practical Approach To The Use Of Expert Testimony, Irving Younger
Cleveland State Law Review
I will raise the questions that a lawyer is likely to put to himself when preparing a case involving expert witnesses, followed by an explanation of how to deal with the expert witness in court. After raising particular issues, I will sketch out the answer that you will find, and since we need to look at some particular jurisdiction, I will pay attention to the federal jurisdiction and the twenty or so states that have enacted the Federal Rules of Evidence. Then, by way of contrast, I will refer to some New York cases, simply because first, I know them …
Flexible Mootness In Class Certification, Enid L. Zafran
Flexible Mootness In Class Certification, Enid L. Zafran
Cleveland State Law Review
While the purposes of class actions are easy to comprehend, the actual application and requirements of Rule 23 are complex. Before the suit may proceed, it must be certified by the trial court. Although Rule 23 carefully lists the criteria for the court to consider, certification is not a predictable outcome. If it is denied, the action is then litigated solely on the claims of the named plaintiffs. Under certain circumstances the denial would signal the end of the suit. Such an instance would occur if the named plaintiff's claims had become moot. His action would no longer satisfy the …
A Rationale For An Exception To The Seventh Amendment Right To A Jury Trial: In Re Japanese Electronic Products Antitrust Litigation, Frank M. Loo
Cleveland State Law Review
This Article will analyze the Third Circuit's decision and reasoning in Japanese Electronic, in light of the pervasiveness of the seventh amendment right to a jury trial, and argue that exceptions to the seventh amendment exist, not in spite of, but precisely due to the overriding need for procedural due process. The thesis of this Article is that exceptions to the jury trial right should be permitted, and such exceptions are consistent with this right. The Article will focus especially on the Third Circuit's construction of a three-part test, and will examine an alternative basis for finding an exception to …
Book Review, Samuel Sonenfield, Gail M. Schaffer
Book Review, Samuel Sonenfield, Gail M. Schaffer
Cleveland State Law Review
This entry reviews Art on Trial: From Whistler to Rothko by Laurie Adams. The text presents six trials involving art. Four of these cases are American, one is English, and one is Dutch.
Class Actions Under Rule 23(B)(2): A Type Of Class Action Which Does Not Require Eisen Notice, Gary L. Eby
Class Actions Under Rule 23(B)(2): A Type Of Class Action Which Does Not Require Eisen Notice, Gary L. Eby
Cleveland State Law Review
This comment will address the subject of class actions under Federal Rule 23(b) (2) and will trace the development of notice requirements, taking note of the split of authority on the issue. The holding and the deceivingly broad language of the Supreme Court's decision in Eisen will also be examined in order to illustrate its lack of effect on the (b) (2) notice requirements that have developed in the lower courts.
Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler
Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler
Cleveland State Law Review
While much textual material is available citing case law and discussing legal theories of zoning law, there is very little material explaining the proper tactics and presentation to be used in a successful rezoning case. The purpose of this article is to fill this textbook void by presenting a practical overview of the total rezoning procedure, from the application for rezoning through the actual trial, and the tactics and methods to be used in the proper presentation of the zoning case. 'This will include a discussion of courtroom procedure, presentation of evidence, rules of civil procedure and pretrial discovery and …
Book Review, Joyce Barrett Krebs
Book Review, Joyce Barrett Krebs
Cleveland State Law Review
Dr. Jay Ziskin's Coping with Psychiatric and Psychological Testimony argues that statements from psychological "experts" should not be accepted as admissible evidence in a court of law.
Book Review, Thomas L. Esper
Book Review, Thomas L. Esper
Cleveland State Law Review
This review evaluates Persuasion: The Key to Damages edited by Grace W. Holmes. The book states that communication is key to persuasion and it discusses the best ways to convey a message.
Book Review, James T. Flaherty
Book Review, James T. Flaherty
Cleveland State Law Review
Review of The Lost Art of Cross Examination, J.W. Erlich, 1970.
Rx For Malpractice, Albert Averbach
Rx For Malpractice, Albert Averbach
Cleveland State Law Review
Every tragedy that becomes the subject of extensive coverage by the news media shortly turns into a focal point of malpractice litigation. This, of course, is inevitable and will ever be thus. Doctors for many years have been "spoon fed" stories and warnings about malpractice suits and hazards. Nothing, however, has been constructively advocated as to how this tide can be stemmed or what can be done in the face of it. Some years ago, Mark Twain wrote, "Everybody talks about the weather, but nobody does anything about it." It is our objective in this article to not only alert …
Relocation Of Publicly Supported Charitable Organizations, Deborah C. Goshien
Relocation Of Publicly Supported Charitable Organizations, Deborah C. Goshien
Cleveland State Law Review
Is a donor powerless to prevent a charitable hospital from moving to another county after he has contributed substantially to its building fund? Surprisingly enough, the answer to this question may be "yes." It has been said that the community's interest is evident when charitable monies come from direct public contributions, and that even if no trust is found a charitable corporation must use a gift for the purpose intended. Yet general expressions of what "should be" or what "is right" are insufficient guidelines for proper enforcement of fiduciary duties, and there has been much confusion in the administration and …
Book Review, William Tabac
Book Review, William Tabac
Cleveland State Law Review
Reviewing Louis B. Heller, Do You Solemnly Swear? Doubleday & Co., Inc., 1968
Tenant Unions: Legal Rights Of Members, Volodymyr O. Bazarko
Tenant Unions: Legal Rights Of Members, Volodymyr O. Bazarko
Cleveland State Law Review
Various articles have been written about the sociological aspects of tenant unions. This paper will consider, however, only the following tenant union problems: 1. the right of a tenant union to provide an attorney to represent its members in the litigation of personal causes against the landlord; 2. the right of a tenant union, acting as an entity, to bargain collectively with the landlord, sign a contract with him, and then enforce the contract; 3. the right of a tenant union to sue the landlord on behalf of its members.
Insurance Questions In Voir Dire, Kenneth S. Kabb
Insurance Questions In Voir Dire, Kenneth S. Kabb
Cleveland State Law Review
The scope of this article includes the voir dire examination in the federal courts, primarily in civil cases. The questions to be considered are: (1) how is the voir dire examination to be conducted; (2) what are the limitations imposed on the trial judge, counsel, and the parties with respect to the manner and conduct of the questioning; (3) what is the allowable scope of questions that may be asked prospective jurors; and (4) what will constitute reversible error, and who has the burden of proof.
Book Review, Alfred W. Gans
Book Review, Alfred W. Gans
Cleveland State Law Review
Reviewing Philip J. Hermann, Better Settlements Through Leverage, Acqueduct Books, 1965
How To Try A Personal Injury Case, James Dooley
How To Try A Personal Injury Case, James Dooley
Cleveland State Law Review
Proper presentation of a case in court is dependent upon proper preparation. Proper presentation means an intimate knowledge of the facts, the parties, possible witnesses, and, o fcourse, the governing legal principles. Indeed, proper preparation means far more than knowledge. It embraces true compre-hension. Before an advocate can present his client's cause or meet his adversary on equal terms, he himself must completely understand the problem. Clear expression of an idea is impossible without a clear understanding of it.
Book Review, William K. Gardner
Book Review, William K. Gardner
Cleveland State Law Review
Reviewing Melvin Block, ed., The Art of Summation, New York State Association of Trial Lawyers, 1963
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Melvin Belli, Modern Trials, Bobbs-Merrilll Co. Inc., 1963
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Joseph and David Sindell, Let's Talk Settlement, Matthew Bender and Co., 1963
Right To Jury Trial In Ohio Civil Suits, Samuel M. Jones Iii
Right To Jury Trial In Ohio Civil Suits, Samuel M. Jones Iii
Cleveland State Law Review
In most instances the right to a jury trial either clearly does or does not exist. Yet there are some instances where this constitutional right is not clear. However, lawyers, pressed for time and more concerned with substantive issues, fail to argue the issue and thus it is rarely litigated. Those lawyers who are concerned with the jury trial question, for tactical reasons or otherwise, are hampered by a dearth of material providing adequate guides in this area. This article is designed to fill this void.
Book Review, John J. Hudson
Book Review, John J. Hudson
Cleveland State Law Review
Reviewing Harold A. Liebenson and Leo F. Miller, Witness Series, 4 volumes, Callaghan and Company, 1961-2
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Robert Klonsky, Legal Essays of the Plaintiff's Advocate, Central Book Company, 1961