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Articles 1 - 30 of 50
Full-Text Articles in Law
Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley
Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley
Cleveland State Law Review
To what extent do voluntary non-profit associations have the right (a) to deny admission to membership, and (b) to expel existing members? Space does not permit discussion of all the ramifications of these two questions and some limitation of scope becomes necessary. The theme selected has been the "civil rights" aspect of the problem; more specifically, the right, in certain areas, to be protected against racial and religious discrimination, and the privilege to exercise the ordinary rights of citizenship, such as the right of free speech, of petition, of voting, of resort to the courts, and to employment.
Trade Secret Piracy, Martin A. Levitin
Trade Secret Piracy, Martin A. Levitin
Cleveland State Law Review
In their handling of trade secret cases, courts should take care that they do not make the discoveries of corporate research unprotectable and of insufficient value to warrant further private research expenditure. On the other hand, they must take care not to bar engineers and scientists from changing jobs, as a punishment for their own productivities and abilities-a modern form of intellectual involuntary servitude.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Cleveland State Law Review
Popular notions have it that almost all misconduct in the courtroom is attributable to attorneys. Yet many practitioners before the bar have suffered abuse by members of the judiciary. How frequently this occurs is not known, but sometimes incidents of non-judicial conduct are revealed in other than case reports.
Group Representation By Attorneys As Misconduct, Richard M. Markus
Group Representation By Attorneys As Misconduct, Richard M. Markus
Cleveland State Law Review
This article is intended to consider the future of group retainers in light of the conflicting views of proponents and opponents. Attention will first be given to the "Canons of Professional Ethics" which affect this subject and the judicial decisions interpreting them. Next, an attempt will be made to evaluate the effect of the Supreme Court Brotherhood case, and other related decisions, upon the Canons. Finally, an effort will be made to anticipate the prospects of group legal service with a view towards implementing or modifying present standards.
Stress-Caused Heart Attacks, Chester M. Denwicz
Stress-Caused Heart Attacks, Chester M. Denwicz
Cleveland State Law Review
Current statistics demonstrate that almost any person may be suffering from some degree of hypertension or arteriosclerosis, and that if he enjoys an extended life span, he is likely to sustain a "heart attack" from which his chance of dying is great. Cardiovascular disease has, therefore, become an incident of modern living, and cardiovascular injuries are one of the most controversial areas of liability in the field of workmen's compensation. The conflict concerning heart cases, and especially those related to the "stress incurred," arises primarily from the difficulty of proving causation. The confusion arising from conflicting judicial construction of terms …
Book Review, John K. O'Toole
Book Review, John K. O'Toole
Cleveland State Law Review
Reviewing Alfred R. Lindesmith, The Addict and the Law, Indiana University Press, 1965
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Cleveland State Law Review
Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Cleveland State Law Review
Defense counsel usually pounce on "negative" x-rays, i.e., ones which show little or no change from before to after the accident. They triumphantly parade admissions from medical witnesses that "the x-rays in the case are totally negative," before a jury which is enormously impressed through abysmal ignorance of what x-rays can and do show. Thus, the problem facing counsel for the injured party is how most persuasively to acquaint the jury with means of properly evaluating x-rays in view of their significant attributes and their deficiencies. Plaintiff's counsel must somehow explain the purpose of x-rays, augment their limited information, and/or …
Negligent Parking Of Automobiles, James G. Young
Negligent Parking Of Automobiles, James G. Young
Cleveland State Law Review
Liability for an accident involving both a moving vehicle and a stationary one is most commonly imputed to the moving vehicle. However, numerous cases involving various fact situations have held otherwise. It is the object of this note to review the reasoning of these decisions.
Due Care By Physicians In Use Of New Drugs, Edward T. Haggins
Due Care By Physicians In Use Of New Drugs, Edward T. Haggins
Cleveland State Law Review
How careful must a physician be in using new drugs on his patients? Before discussing these questions, we must look at three problems: (1) What role does the physician play in the new drug picture? (2) What are some of the new drugs and their side effects, and (3) What steps must a new drug go through before it is placed on the market for public consumption?
Conspiracy Of Silence, Richard M. Markus
Conspiracy Of Silence, Richard M. Markus
Cleveland State Law Review
The requirement that independent expert medical testimony establish the proper standard of care and the defendant's failure to meet that standard imposes an almost insurmountable obstacle in many cases. The so-called conspiracy of silence has been recognized, as a matter of judicial notice, by courts in New Jersey, California, and elsewhere. The use of that phrase to describe the unavailability of medical witnesses has particularly dramatic force which impresses a court and jury. However, no apt phrase could detract from the reality of this practical problem which faces an attorney representing a client seeking damages from a physician for professional …
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Cleveland State Law Review
There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.
Refusal To Have Children As A Ground For Divorce Or Annulment, Marvin M. Moore
Refusal To Have Children As A Ground For Divorce Or Annulment, Marvin M. Moore
Cleveland State Law Review
When a husband and wife agree to practice birth control no legal problems are normally created. In England and now in all American jurisdictions the use of contraceptive devices and techniques is perfectly lawful, and only three states impose restrictions on voluntary sterilization. In fact, there is considerable evidence that our society not only permits birth control but considers it highly desirable. However, a different situation is presented when contraception is practiced by one spouse against the will of the other. The offending spouse remains free of criminal liability, but he may be vulnerable to some form of marital legal …
Book Review, James T. Brennan
Book Review, James T. Brennan
Cleveland State Law Review
Reviewing Lester S. Jayson, Handling Federal Tort Claims, Matthew Bender & Co., 1964
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
Cleveland State Law Review
Many cases deal with the use of Federal tax returns in non-tax cases. The inherent danger in subjecting tax returns to discovery at pre-trial and admission at trial, is the unnecessary disclosure of confidential information. Yet, when income tax returns are material and relevant to the claims of the parties litigant, a contention of privileged communication should not be used to defeat justice.
Proxy Voting Power In Non-Profit Organizations, Howard L. Oleck
Proxy Voting Power In Non-Profit Organizations, Howard L. Oleck
Cleveland State Law Review
This note will briefly survey the state of American law as to proxy voting in non-profit organizations. It will deal first with member voting by proxy, and then with proxy voting by representatives (delegates, committeemen,directors or trustees).
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Cleveland State Law Review
This note concerns the issues which the courts, both state and federal, have considered in proffering the cloak of immunity to minor public officers, and the current trends toward the extension, narrowing or maintenance of the doctrine of immunity.
Foreseeability In American And English Law, Harry G. Fuerst
Foreseeability In American And English Law, Harry G. Fuerst
Cleveland State Law Review
Foreseeability is "the ability to see or know in advance, hence, the reasonable anticipation that harm or injury is the likely result of acts or omissions." In order to determine culpable negligence and establish the right to recover for a wrong, there must be a sequence of events like concatenation, or a series of united events like the links of a chain, called proximate cause. The definition of proximate cause is, "that cause which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred."
Book Review, Daniel W. Feldman
Book Review, Daniel W. Feldman
Cleveland State Law Review
Reviewing Thomas S. Szasz, M.D., Law, Liberty, and Psychiatry, The McMillan Company, 1963
Statutory Regulation Of Hypnosis, James T. Brennan
Statutory Regulation Of Hypnosis, James T. Brennan
Cleveland State Law Review
Hypnotism and state hypnotists caused quite a stir in the first quarter of the Twentieth Century. Several of the existing statutes on hypnotism were passed at that time. Then, for about a quarter of a century, hypnotism was legislatively forgotten. Recently, pressure groups in the form of hypnotic, psychological, psychiatric and medical societies have been lobbying for legislation prohibiting hypnotism by laymen. As the hypnotist vote isn't very large, the activities of these pressure groups have been ignored for the most part. Statutes on hypnotism generally seek either to regulate stage hypnotism, the hypnosis of minors, or medical use of …
New Rules Of The Supreme Court Of Ohio (An Analysis), Lee E. Skeel
New Rules Of The Supreme Court Of Ohio (An Analysis), Lee E. Skeel
Cleveland State Law Review
The Supreme Court of Ohio recently completed revision of its Rules of Practice. They became effective on July 1, 1964. Three subjects coming within the inherent power and within the constitutional and statutory jurisdiction of the Court are contained in the revision; that is, procedures for presenting cases in which the Court has original jurisdiction, cases which come within its appellate and revisory jurisdiction as provided in each case by the Constitution and Statutes of Ohio (Article IV, Sections 2 and 6), and admission to the practice of the law in Ohio and disciplinary procedures for members of the bar …
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Cleveland State Law Review
The deposition plays an important role in the modern-day practice of law. The enormous backlog of cases in the courts requires preservation of precious testimony during the long wait prior to trial. In addition, the deposition is a valuable tool in evaluating a case, especially during settlement negotiations. Finally, the deposition is a prime means of discovering vital information. The notary public presides at the deposition, and is invested with quasi-judicial powers, including the power to punish for contempt. This paper will briefly survey both the procedural aspects of the deposition and the quasi-judicial power of the notary public.
Book Review, Martin A. Levitin
Book Review, Martin A. Levitin
Cleveland State Law Review
Reviewing W. M. Gefafer, ed., Occupational Diseases, A Guide to Their Recognition, U.S. Government Printing Office, 1964
Medical And Legal Aspects Of Human Organ Transplantation, Carl E. Wasmuth, Bruce H. Stewart
Medical And Legal Aspects Of Human Organ Transplantation, Carl E. Wasmuth, Bruce H. Stewart
Cleveland State Law Review
Medical science has now made it possible to transplant kidneys from one individual to another in order to save the lives of patients dying of kidney failure. The use of kidneys from recently deceased patients (so called cadaver donors) is increasing, creating special legal problems in regard to obtaining and using such organs. As techniques of heart, lung, and liver transplantation develop, these legal problems may become even more complex.
Disciplinary Proceedings By The S. E. C. Against Attorneys, Paul J. Kemp
Disciplinary Proceedings By The S. E. C. Against Attorneys, Paul J. Kemp
Cleveland State Law Review
The securities and exchange commission, created by Section 4 (a) of the Securities Exchange Act of 1934, has from its earliest days proclaimed its right to determine who may appear before or transact business with it in a representative capacity and in Rule 2 (e) of its present Rules of Practice has reserved to itself the right, in its discretion, to "deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to any person who is found by the Commission after notice of and opportunity for hearing in the matter (1) not to possess the …
Law And Childhood Psychological Experience, C. G. Schoenfeld
Law And Childhood Psychological Experience, C. G. Schoenfeld
Cleveland State Law Review
In an effort to help lawyers identify (and possibly change) that which in the law may reflect unduly the influence of early childhood, this paper will detail certain psychoanalytic discoveries concerning the first few years of childhood and will try to suggest wherein traces of these early years may have played a part in helping to mold the law.
Initial Impressions Of The Treasury Report On Foundations, Marcus Schoenfeld
Initial Impressions Of The Treasury Report On Foundations, Marcus Schoenfeld
Cleveland State Law Review
Very recently in the United States Treasury Department submitted its study of private foundations to Congress. This is the most recent development in an attempt to delineate the proper role of foundations and their donors in our society, and more particularly their proper tax treatment. Although it is much too soon to predict the effect of the Treasury Report, since Congress itself asked for the study, it is quite likely that some more restrictive legislation will result.
Duty Of Attorney Appointed By Liability Insurance Company, Jerry Brodsky
Duty Of Attorney Appointed By Liability Insurance Company, Jerry Brodsky
Cleveland State Law Review
This article examines the right of a liability insurer to control the defense of its insured, the duty owed to him in defending or settling an action brought against him, and liability for negligence in defending the suit. Special attention is given to the conflict of interests which may confront an attorney retained by an insurance company to defend an action brought against a policyholder.
Some Problems In Liquidating Personal Holding Companies, Elliott H. Kajan, Martin C. Spector
Some Problems In Liquidating Personal Holding Companies, Elliott H. Kajan, Martin C. Spector
Cleveland State Law Review
Ordinarily, distributions by a personal holding company qualify for the dividends paid deduction only if they are "dividends" under section 316. However, certain distributions in liquidation may also qualify. These liquidating distributions of a personal holding company are divided into two categories: (1) Distributions to the extent of earnings and profits for the taxable year (computed without regard to capital losses) made in complete liquidation of the corporation occurring within 24 months after the adoption of the plan of liquidation; and (2) distributions in liquidation properly chargeable to earnings and profits accumulated after February 28, 1913.
Relationships Of The Medical Examiner, Cyril H. Wecht
Relationships Of The Medical Examiner, Cyril H. Wecht
Cleveland State Law Review
Having set forth these relatively simple definitions, I should like to make a rather bold statement that perhaps will find disagreement among some attorneys and physicians. With all due respect to the many skilled and competent men who are active in various aspects of legal medicine and medical jurisprudence, I would suggest that no one field is so intrinsically and unqualifiedly bound up in the practice of legal medicine as is the work of the medical examiner. Again reverting to definitions, the medical examiner is one who deals on a full-time professional basis with cases that in almost all instances …