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Articles 1 - 30 of 55
Full-Text Articles in Law
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Cleveland State Law Review
The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Cleveland State Law Review
Increasingly over the past decade, persons charged with violations of "unconstitutional" federal or state statutes have sought to obtain equitable relief in the federal courts. Most often, the relief sought has been in the form of an injunction restraining the government from prosecuting or threatening to prosecute under the allegedly invalid statute. Declaratory relief (that the statute is, in fact, unconstitutional) has often been sought as an additional or alternative remedy.
Contingent Fee: Champerty Or Champion, Arthur L. Kraut
Contingent Fee: Champerty Or Champion, Arthur L. Kraut
Cleveland State Law Review
In 1952, an article appeared in Reader's Digest magazine castigating both the contingent fee system of financing litigation and the trial lawyers of the United States. Since that article appeared, the client public has been barraged with a stream of propaganda aimed at barring the use of the contingent fee as a means of retaining a lawyer.
Information Science Techniques For Legal Searching, Deborah C. Goshien
Information Science Techniques For Legal Searching, Deborah C. Goshien
Cleveland State Law Review
Information scientific methods can be combined with current legal searching techniques to improve the usefulness and cost-effectiveness of computerized legal research. By combining methods from several disciplines, the lawyer-user may be enabled to locate relevant material that might be missed in either a manual or a straight word-byword computer search.
Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith
Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith
Cleveland State Law Review
The conflicting interests dealt with by arbitration cases summarized in this paper involve management's right to direct an employee's behavior and the employee's right to retain control over his behavior. Many arbitrators attempt to balance these interests on the theory that (1) an individual's rights are modified to some extent when he voluntarily accepts those responsibilities which accompany his entering an employee relationship; and (2) a contractual right to discharge for just cause, does not equip the employer with an absolute right to direct the employee to do or not to do anything which the employer feels would promote the …
Billboard Regulations, And Aesthetics, Richard Sutton
Billboard Regulations, And Aesthetics, Richard Sutton
Cleveland State Law Review
The regulation of outdoor advertising has prompted a surprisingly prodigious amount of controversy and litigation. It has been challenged as a denial of free speech, due process, and equal protection; it has been upheld on nuisance4 and real property grounds, and sustained on the basis of public health, safety, morality, comfort and convenience, aesthetics, and the right to be let alone."
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Cleveland State Law Review
Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.
Book Review, Salvatore J. Lopresti
Book Review, Salvatore J. Lopresti
Cleveland State Law Review
This entry focuses on the text Law and the School Superintendent. The book offers examples for lay readers of how to deal with issues like collective bargaining, discrimination, and free speech in schools.
Suability Of School Boards And School Board Members, Anne S. Mcfarland
Suability Of School Boards And School Board Members, Anne S. Mcfarland
Cleveland State Law Review
In the past three years, suits under 42 United States Code §1983 against school boards and school board members have burgeoned. Suits have been brought by teachers involved in union activity, by teachers who allege nonrenewal of contracts due to racial discrimination, by pupils who challenge hair and dress regulations, by unwed mothers who seek readmission to school, and by militant students who claim the right to practice-teach
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Cleveland State Law Review
A few years ago medical malpractice suits were something of a rarity in the United States. They now appear to be a major national problem. The magnitude of this ever increasing problem can be illustrated by the fact that a Senate subcommittee, chaired by Sen. Abraham Ribicoff, has investigated the increase in malpractice litigation and that President Nixon has ordered the establishment of a Commission on Medical Malpractice, under the Department of Health, Education and Welfare, to research the problem and report a possible solution by March 1, 1972.
Book Review, Ann Aldrich
Damages For Wrongful Birth, Joyce E. Barrett
Damages For Wrongful Birth, Joyce E. Barrett
Cleveland State Law Review
While recovery of damages for wrongful death was sanctioned in England as early as 1846 and is now available by statute in every state, the law has been loathe to afford a remedy for wrongful birth. Plaintiffs who have attempted to cope with the problem of people- pollution by various birth control methods, only to have their ecolog- ical efforts stymied by the negligence of a physician performing a sterilization operation or a pharmacist dispensing birth control pills, have been denied a remedy for what, in this writer's view, is the "wrongful birth" of the resulting child. This paper will …
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Cleveland State Law Review
This article will not concern itself, per se, with the recently much written about subject of medical professional liability. "The concept of professional liability should never be equated with the concept of incompetence", for the former is a malperformance at a given time, whereas the latter is the lack of ability to perform at all. Those illnesses, whereby a physician is rendered incompetent, that will be treated in the following text with particular attention, are senility, drug addiction, and alcoholism. Once establishing the scope of the problem, a brief examination of the disciplinary measures available within the profession and their …
Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman
Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman
Cleveland State Law Review
The maxim "Justice delayed is justice denied" is an expression which is becoming all too meaningful in our courts today. Many of the large metropolitan courts in this country are being strangled by the ever-increasing backlog of cases. ...In most court systems, continuance policies are either non-existent or couched in vague terms such as "good cause shown.' It is the aim of this study to formulate guidelines for a sound continuance policy which will serve to speed the administration of justice without interfering with the high standard of judicial fairness necessary to proper adjudication.
Contributory Negligence In Medical Malpractice, Diane Shelby
Contributory Negligence In Medical Malpractice, Diane Shelby
Cleveland State Law Review
The best and most complete defense to a charge of malpractice is the allegation and proof of the absence of negligence. It is also the most often used defense. Of the less popular defenses, contributory negligence on the part of the patient is probably the least attractive and the most difficult to maintain, even though it has been held to be a complete bar to recovery in several cases difficult to categorize.
Prison Disciplinary Procedures: Creating Rules, Jonathan Brant
Prison Disciplinary Procedures: Creating Rules, Jonathan Brant
Cleveland State Law Review
In addition to a lack of interest by the courts, prison officials received little direction from state legislatures. The general statutory provisions grant board powers to a designated member of the executive branch with no apparent restrictions on exercise of that power. The rules developed by prison officials have often been themselves worded vaguely giving inmates little idea of conduct which is expected of them.
Electric Transmission Lines And The Environment, Alan P. Buchmann
Electric Transmission Lines And The Environment, Alan P. Buchmann
Cleveland State Law Review
One of the significant outgrowths of the current interest in "environmental" questions is the increasing prominence of aesthetics qua aesthetics as a subject for judicial and administrative concern. A major area of litigation, and one which has by its very nature lent itself to an analysis of the significance, and viability, of purely "aesthetic" issues, has involved high voltage transmission lines.
Banishment From The Kingdom Of Lake (County), Nelson G. Karl
Banishment From The Kingdom Of Lake (County), Nelson G. Karl
Cleveland State Law Review
On the 19th day of May, 1971, the Supreme Court of Ohio denied habeas corpus relief to Michael Edsall, a fourteen year old boy who had been banished from Lake County, Ohio. In denying habeas corpus relief to Mike Edsall, the Ohio Supreme Court concluded that the Juvenile Court had jurisdiction over both the person of Mike Edsall and the subject matter, and that an appeal from the decision would have been the appropriate means by which the order of the Juvenile Court could be reviewed. But in so doing, the Supreme Court avoided dealing with the substantive issue of …
Book Review, Donald W. Pritchard
Book Review, Donald W. Pritchard
Cleveland State Law Review
The author reviews The Nominalistic Principle by Eliyahu Hirschberg, which examines changes in the value of money caused by inflation, deflation, devaluation, and revaluation.
Adoption Laws Of Ohio: A Critical And Comparative Study, William K. Yost
Adoption Laws Of Ohio: A Critical And Comparative Study, William K. Yost
Cleveland State Law Review
Adoption has been defined as "The act by which the relations of paternity and affiliation are recognized as legally existing between persons not so related."' However, the result of adoption is the creation of a status, that of parent and child, and not of a contractual obligation. In this respect it is similar to marriage. A study of adoption perforce requires an examination of the practice and the law involved in the placement of children for adoption, the termination of the rights and obligation of the natural parents, the procedures of adoption in the courts and the legal effect of …
Nonprofit Unincorporated Associations, Howard L. Oleck
Nonprofit Unincorporated Associations, Howard L. Oleck
Cleveland State Law Review
Western civilization has been (and is) characterized by voluntary associations of people, from the earliest warrior bands and "churches" to towns and universities and guilds, etc. Corporations, as vehicles for such associations, did not exist until relatively recently, and associations were (and very many still are) unincorporated. Unincorporated associations as a form of organization have been losing ground to the corporation, but are far from obsolete
Serrano: Its Progeny And Its Prophecy, James T. Flaherty
Serrano: Its Progeny And Its Prophecy, James T. Flaherty
Cleveland State Law Review
No court decision since the Brown' decrees of 1954 have had such a devastating effect on the educational status quo as has the California STATE AID PROPERTY Tax decision of Serran and its progeny. Here, the California Supreme Court declared that unequal financing of public schools, based primarily on the local property tax, is a violation of the equal protection clause in that it "invidiously discriminates" against the poor.
Legal Nature Of Parliamentary Procedure, John Waldeck
Legal Nature Of Parliamentary Procedure, John Waldeck
Cleveland State Law Review
Parliamentary procedure is law. Its origins are found in the English and American legislatures and it was adopted by the nonlegislative assemblies in this country for ordering the conduct of meetings and the making of decisions. ...The law has been projected into parts of parliamentary procedure by case and code law but it has been ignored in the broad field. Most laymen have conversely ignored the law and proceeded to write and publish with no regard to the legal aspects. It is in this area, between the lawyers and the laymen, that a blind spot has developed in the law. …
Book Review, Francis L. Bremson
Book Review, Francis L. Bremson
Cleveland State Law Review
This review gives an overview of Sanctions for Evil by Nevitt Sanford, Craig Comstock, and Associates. The book aims to determine the causes of "social destruction," which is societal harm that is socially sanctioned.
Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus
Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus
Cleveland State Law Review
Several states have minimum fee schedules that set the least amount of compensation a lawyer should charge for a specific legal service. There has been much confusion in bar associations across the country as to the application of minimum fee schedules and the consequences of non-compliance. The American Bar Association has published both formal and informal opinions in an attempt to clearly define the functions of the schedules. In view of the opinions, interviews and statistical studies on the subject of minimum fee schedules, it is apparent that they are too rigid to cope with the practical needs of the …
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Cleveland State Law Review
New methods must be devised to increase the efficient use of the available supply of physicians. "Among the innovations being tried with physicians is the development of new disciplines involving assistants to physicians." Increasing utilization of returning medics from the armed forces is being undertaken to help relieve the civilian manpower shortage. The legal implications of these developments range from problems of licensure to considerations of vicarious liability for an assistant's negligence (malpractice) or for the negligence of the assistant's supervising physician. It is with a species of this latter problem that this paper will be concerned. But one ought …
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Cleveland State Law Review
The decision thus promulgates three principal rulings: (1) that sovereign immunity does not provide a bar to bringing an action against the State of Ohio, (2) that the state is liable by virtue of the doctrine of respondeat superior for the authorized activities of its officers, employees and other agents, and (3) that freedom of individual agents from civil liability arising out of authorized activities for the state is retained. The effects of these rulings are far from obvious, in large part because of the confused prior state of the law upon which they are engrafted. Furthermore, the grounds given …
Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano
Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano
Cleveland State Law Review
It is not often that a legislative event and a happenstance of life converge almost simultaneously upon a specific and narrow issue of law. This is precisely what occurred in Ohio in the latter part of 1970. In that year, the legislature amended the Ohio Uninsured Motorist Statute to declare, in effect, that a vehicle would be considered "uninsured" when the company insuring that vehicle for some reason became financially insolvent. The amendment became effective October 1, 1970. That same year the legislature enacted legislation to provide a fund from which claims could be paid in the eventuality that an …
Short Tendering Rule In The Sale Of Securities, Larry A. Oday
Short Tendering Rule In The Sale Of Securities, Larry A. Oday
Cleveland State Law Review
Rule 10b-4 of The Securities and Exchange Commission, also known as "the short tendering rule," might be described as one of the best kept secrets in securities regulation. Although it has been in effect for more than three years, very few attorneys or brokers know anything about it or have even heard of it.
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Cleveland State Law Review
The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect