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- Intoxication (8)
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Articles 1 - 30 of 74
Full-Text Articles in Law
Police View Of The Intoxicant, Leo R. Collins
Police View Of The Intoxicant, Leo R. Collins
Cleveland State Law Review
Many law enforcement officers have found, on being subjected to cross-examination, that in their efforts to arrest an intoxicant they had failed to gather enough competent evidence illustrating the intoxicant's condition at the time of arrest. As a result of many "not guilty" verdicts, modern law enforcement agencies have progressed from the time when an officer would merely ask the subject to repeat a rhyme that the subject would find difficult to say if he were drunk, to modern methods where intoximeter or other machine tests, movies, and tape recordings are used to supplement the officer's report.
Part-Time And First-Rate Legal Education: Some Random Observations, Stanley E. Harper Jr.
Part-Time And First-Rate Legal Education: Some Random Observations, Stanley E. Harper Jr.
Cleveland State Law Review
This article goes through a comparison of a full-time versus a part-time law school experience. Further, the article examines the quality of student or the planning of a curriculum and surveys the statistical significance of part-time legal education from 1947 to 1962.
Copyright And Design Patents - The Common Zone Between, Albert P. Sharpe Iii
Copyright And Design Patents - The Common Zone Between, Albert P. Sharpe Iii
Cleveland State Law Review
The overlapping of our present-day Copyright and Design Patent Laws, apparently initially created by random legislative development and recently aggravated by the decision of the Supreme Court in Mazar v. Stein, has resulted in a legal morass of substantial proportions. The purpose of this paper is to explore briefly the influence which gave rise to this situation, to discuss the present state of the law and its practical impact upon the practicing patent advocate, and finally to review and evaluate proposed legislation, past and present, in an effort to determine the possible course of future developments.
Amnesia After Brain Injury, Ewing H. Crawfis
Amnesia After Brain Injury, Ewing H. Crawfis
Cleveland State Law Review
In discussing amnesia, it is first important to point out that it occurs as but one of a number of symptoms of brain injury. While we choose to single it out, we should keep in mind that it exists contemporaneously with, and in relation to, other symptoms.
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Cleveland State Law Review
It is to be admitted that the proof of injury, which is directed to the senses, is a most convincing means of proof, and is the best evidence of a material fact, but it is not the fact that such exhibition is material that comes into dispute when such an exhibition is sought to be admitted, rather it is the claimed prejudicial effect of such exhibition, or the possibility that it might be indecent that raises the objection to this form of evidence.
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Cleveland State Law Review
Professional associations (i.e., corporations) have been specifically authorized by several state legislatures recently, contrary to the old rule that practice of a learned profession by a corporation is forbidden. Among these states are Connecticut, Illinois, Ohio, Oklahoma, Pennsylvania and Wisconsin. The purpose is to make available to professional men the tax advantages of corporate employee status.
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Richard A. Wasserstrom, The Judicial Decision: Toward a Theory of Legal Justification, Stanford University Press, 1961
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Physiology Of Ethyl Alcohol, Lewis H. Bronson
Cleveland State Law Review
The physiological effects of ethyl alcohol depend almost entirely on its concentration in the blood stream. This concentration, expressed in per cent, is referred to as the blood alcohol level and has become of increasing medico-legal importance in determining the degree of alcoholic intoxication.
Book Review, Marc D. Gleisser
Book Review, Marc D. Gleisser
Cleveland State Law Review
Reviewing Henry B. Rothblatt, Successful Techniques in the Trial of Criminal Cases, Prentice-Hall, Inc., 1961
Recent Heart Injury Awards, James A. Thomas
Recent Heart Injury Awards, James A. Thomas
Cleveland State Law Review
This survey presents a collection of reported damage awards since the year 1950 for heart injury not resulting in death. Assuming proof of injury and liability, the statement of the case is limited to the amount of damages and elements of the injury relied upon to justify the court's decision. The survey is preceded by a brief treatment of recent trends in appellate court reviews of heart injury damage awards and a short summary of pre-existing heart condition problems.
Ownership Of X-Rays, Ronald J. Harpst
Ownership Of X-Rays, Ronald J. Harpst
Cleveland State Law Review
The question as to who has property rights in x-ray films has been the subject of controversy between physician, attorney, patient and hospital. Although there have been few cases dealing specifically with this problem, the issue often has been raised privately among physicians and in attorney-physician debates. The object of this article is to acquaint the attorney and physician with the main approaches to the problem of ownership of x-rays, and to supplement the various approaches with leading cases.
Book Review, Walter G. Whitlatch
Book Review, Walter G. Whitlatch
Cleveland State Law Review
Reviewing Sol Rubin, Crime and Juvenile Delinquency, Oceana Inc., 1961, 2d ed.
Intoxication And Third Parties, John Vamis
Intoxication And Third Parties, John Vamis
Cleveland State Law Review
Persons under the influence of liquor or drugs are known to be irrational, uncoordinated, erratic and prone to conduct which give rise to injury. It is for this reason that recovery is allowed, under certain conditions, from the person furnishing the intoxicating liquor or drug, by the person injured by the user. One such liable person is the seller of intoxicating liquor who, by the Dram Shop Law, is made liable to persons who suffer injury to person or property or to means of support. The first such law in Ohio was passed on May 1, 1854, and was entitled, …
Intoxication And Opinion Evidence, John E. Martindale
Intoxication And Opinion Evidence, John E. Martindale
Cleveland State Law Review
It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.
Police View Of The Intoxicant, Leo R. Collins
Police View Of The Intoxicant, Leo R. Collins
Cleveland State Law Review
Many law enforcement officers have found, on being subjected to cross-examination, that in their efforts to arrest an intoxicant they had failed to gather enough competent evidence illustrating the intoxicant's condition at the time of arrest. As a result of many "not guilty" verdicts, modern law enforcement agencies have progressed from the time when an officer would merely ask the subject to repeat a rhyme that the subject would find difficult to say if he were drunk, to modern methods where intoximeter or other machine tests, movies, and tape recordings are used to supplement the officer's report.
Legal Safety Standards For Detergents, Marvin D. Silver
Legal Safety Standards For Detergents, Marvin D. Silver
Cleveland State Law Review
In the recent case of Brooks v. Temple Sinai, the Court of Appeals of New York affirmed an award of the Workmen's Compensation Board in favor of the claimant, holding that "the evidence sustained a finding of causal relationship between the splashing of detergent in the claimant's eye and the subsequent loss of sight in such eye, notwithstanding a prior history of eye trouble." Two judges protested vigorously on the grounds of overwhelming testimony against causal relationship and questioned the granting of the award on the bare legal sufficiency of other medical opinion. The decision of the Brooks court seems …
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Cleveland State Law Review
Professional associations (i.e., corporations) have been specifically authorized by several state legislatures recently, contrary to the old rule that practice of a learned profession by a corporation is forbidden. Among these states are Connecticut, Illinois, Ohio, Oklahoma, Pennsylvania and Wisconsin. The purpose is to make available to professional men the tax advantages of corporate employee status.
Parole Revocation In Ohio, Robert L. Tuma
Parole Revocation In Ohio, Robert L. Tuma
Cleveland State Law Review
Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?
Physiology Of The Heart, Frederick F. Waugh
Physiology Of The Heart, Frederick F. Waugh
Cleveland State Law Review
The heart has been subject of much literature, ranging from rudimentary studies found in elementary biology texts, to obtuse technical theses of specific aspects of the many functions and disorders of this organ. Due to the magnitude of the subject, this article will be restricted to a very perfunctory treatment of the subject, which concerns the function of the heart and the various disorders affecting it.
X-Ray Malpractice, Lucien B. Karlovec
X-Ray Malpractice, Lucien B. Karlovec
Cleveland State Law Review
Doctors today are subjected to many malpractice suits involving non-surgical injuries. Common among these nonsurgical injuries are x-ray injuries. Most of the injuries produced by x-rays have been excessive skin reactions, i.e., burns, occurring during either diagnostic or therapeutic procedures. The improper use of x-rays can produce damage other than skin burns, i.e., fibrosis (in effect, shrinkage) of internal organs, sterility or prenatal injuries.
Ohio's Workmen's Compensation Law, Thomas P. Mcintyre
Ohio's Workmen's Compensation Law, Thomas P. Mcintyre
Cleveland State Law Review
In 1911, workmen's compensation originated in Ohio and it was called the "Employer's Liability Act" with the employers contributing 90% and the employees contributing 10%. The purpose of the act was to provide compensation for loss resulting from disability or death of a workman from industrial accidents or disease without regard to negligence and fault.
The Case For Marriage By Proxy, Marvin M. Moore
The Case For Marriage By Proxy, Marvin M. Moore
Cleveland State Law Review
Though only a minority of American jurisdictions sanction marriage by proxy, considerations of logic and public policy indicate that many more should do so. These include those common law marriage jurisdictions which do not require cohabitation and those non-common law marriage states which have no statutes clearly requiring both parties personally to apply for the license or personally to attend the ceremony. It is hoped that this situation will be remedied. When a state assumes the authority to prescribe the sole conditions under which its inhabitants may enter into so basic a relation as that of marriage, it incurs the …
Government Recognition And Acquisition Of Patent Rights, Charles W. Small
Government Recognition And Acquisition Of Patent Rights, Charles W. Small
Cleveland State Law Review
The status and value of patent rights owned by private enterprise may be materially affected by the procurement policies and practices of the Federal Government. The most publicized and controversial policies are found in the rules and regulations of the Department of Defense, the Atomic Energy Commission and the National Aeronautics and Space Administration. It is the purpose of this article to delineate the major differences being promulgated by these three governmental agencies.
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing Luther J. Binkley, Contemporary Ethical Theories, Philosophical Library, Inc., 1961
Recent Issues In Legal Education, David F. Cavers, Walter Gellhorn, John G. Hervey, Richard C. Maxwell
Recent Issues In Legal Education, David F. Cavers, Walter Gellhorn, John G. Hervey, Richard C. Maxwell
Cleveland State Law Review
Six issues in legal education, much discussed recently, were posed by the Editors of this Review to leading legal educators. These questions were and are frankly difficult and controversial, but their answers are important to our system of legal education and to our society. Capsule answers given by these distinguished legal educators are believed to be interesting and significant. Each is a personal rather than a representative opinion. Brief answers such as these, of course, are not expected to be, nor do they pretend to be, complete or profound. Their purpose is to indicate succinctly the approach of outstanding American …
Stock Options For Directors In Small Corporations, Robert H. Moore Jr.
Stock Options For Directors In Small Corporations, Robert H. Moore Jr.
Cleveland State Law Review
The treatment stock options have received since the enactment of Section 421 of the 1954 Code has come under much criticism. Section 421 of the Code authorizes the so-called "restricted"stock options. It is not the purpose of this paper, however, to enter the controversy about restricted stock options but to consider the so-called "non-restricted" and to suggest revisions in the law that appear merited with respect to them.
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Cleveland State Law Review
Some of the most perplexing problems facing the attorney defending a child charged with a delinquency have their inception in misunderstandings, lack of uniformity and loose application of evidential rules. In order to serve the best interests of the children who are before it, and to obtain necessary facts with which to formulate a rehabilitation plan, the courts have a tendency to waive strict adherence to evidence rules. The methodical attorney wonders how the court can serve the best interests of the child and yet seemingly not afford to the child the equal protection of its laws of evidence.
Traumatic Cancer In Workmen's Compensation, James T. March
Traumatic Cancer In Workmen's Compensation, James T. March
Cleveland State Law Review
It is difficult today to prove a relation between single trauma and cancer in workmen's compensation, except in isolated cases. The possibility now seems to exist, however, in view of numerous recent decisions, that more and more of these claims will be allowed in the near future, and that more awards of compensation will be sustained.
Teachers' Tort Liability, Thomas A. Dugan
Teachers' Tort Liability, Thomas A. Dugan
Cleveland State Law Review
The recent notoriety in the Cleveland area attendant upon several reports of alleged batteries committed by teachers has served to focus the attention of both the educator and the citizen on this aspect of liability. This attention may well result in some necessary judicial and legislative clarification in this area, but it may tend to obscure other equally important facets of the teacher's tort liability. It is with this thought in mind that this article is written. The article itself is intended as much for teachers as it is for attorneys. Where possible, it attempts to transcend the attorney's usual …
Physiology Of The Brain And Related Trauma, Edward W. Shannon
Physiology Of The Brain And Related Trauma, Edward W. Shannon
Cleveland State Law Review
The scope of this paper will concern itself with the mechanism of various types of head trauma as well as the immediate and late sequelae of the resulting brain injuries. No attempt will be made to discuss therapy.