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Articles 1 - 30 of 52
Full-Text Articles in Law
Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin
Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin
Cleveland State Law Review
The cloak of immunity that the insurance companies wear, and the fact that recently a trend has been noticed encouraging settlements, results in attorneys, finding their just fees diminished by the interference of third persons not in privity with the attorney-client contract, being compelled to find other means of redressing the wrongs thus perpetrated against them.
Recent Burn Damage Awards, Frederick F. Waugh
Recent Burn Damage Awards, Frederick F. Waugh
Cleveland State Law Review
In ascertaining damages for thermal injuries, the usual elements present in other types of personal injuries must be considered, such as loss of wages, medical expenses, pain and suffering, loss of future earnings, loss of consortium, etc. Presentation of the evidence to the jury is a paramount factor, which can make every difference in the award granted. Photographs, expert testimony, and the display of the evidence on the victim's body, such as scars, discolorations, lesions and physical impairment, can be used in a dramatic manner.
Drug Induced Statements, Gilbert Geis, Ernest R. Kamm
Drug Induced Statements, Gilbert Geis, Ernest R. Kamm
Cleveland State Law Review
No serious attempt appears to have been made to check the opinions of scientific authorities in regard to drug-induced statements, beyond a cursory survey in 1941, and the courts have gone their way without much information, often, as has been charged in other areas involving forensic psychiatry, substituting the claims of the more articulate and aggressive members of the profession for the consensus of knowledgeable opinion within the entire group. This paper, therefore, is an attempt to learn from a sample of psychiatrists the present state of professional belief about the legal value and reliability of barbiturate drugs in forensic …
Admission Of Liability, Richard H. Burgess
Admission Of Liability, Richard H. Burgess
Cleveland State Law Review
There is a great amount of resistance to the admission of liability when the slightest defense is available. Many defendants' attorneys would prefer to take the long chance of hoping for an unexpected verdict rather than admit fault and leave only the issue of damages to the jury. Surprisingly, there have actually been cases in which liability was admitted and the jury returned a verdict of no cause of action. Generally speaking, though, an admission of liability will tend to keep the damage award reasonable, but it will take away the slight possibility of an unexpected defendant's verdict.
Recent Ohio Procedure Changes, Lee E. Skeel
Recent Ohio Procedure Changes, Lee E. Skeel
Cleveland State Law Review
It might be well to begin by giving consideration to the recent cases dealing with appellate procedure, before considering statutory changes. The questions of when a motion for new trial tolls the time for giving notice of appeal, and what constitutes a final order, have been given consideration in recent cases.
Recent Spine Damage Awards, Sheldon E. Baskin
Recent Spine Damage Awards, Sheldon E. Baskin
Cleveland State Law Review
Spinal injuries generally include trauma to the vertebrae, the intervertebral discs and the ligaments which serve to hold the spinal column together. For the purpose of avoiding duplication this paper will confine itself to the subjects of fractures and dislocations of the vertebrae, injuries to the discs and direct injuries to the spinal cord, excluding discussion of soft tissue back injuries and injuries of the cervical or neck area generally referred to as whiplash injuries.
Recent Leg Damage Awards, Doris Hauth
Recent Leg Damage Awards, Doris Hauth
Cleveland State Law Review
Injuries to the leg include fractures of the various bones of the leg (tibia, femur and fibula), fractures of the foot, ankle, knee or hip, and amputation of one, both, or a part of the leg. This article includes a digest of cases arising in the last five years involving leg injuries. The facts in each case are briefly stated and the damage award specified.
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Res Ipsa Loquitur In Malpractice Cases In Canada, John H. Harland
Cleveland State Law Review
We do not intend here to advocate or condemn application of the doctrine of res ipsa loquitur in malpractice cases, but simply to indicate the cases where it was or was not applied, relying where possible on direct quotation from the judgments.
Book Review, Irwin N. Perr
Book Review, Irwin N. Perr
Cleveland State Law Review
Reviewing Ben Bernstein, Whiplash - Its Medical-Legal Aspects, Legal Medicine Institute, 1958
Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette
Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette
Cleveland State Law Review
In its enforcement, the lawyer, as an officer of the court, occupies a top position of responsibility. The opportunity to deter, and perhaps prevent, the ultimate dissolution of the family comes first to him, and carries with it, a challenge to his patience, tolerance and particularly to his concept of social service. When pursuit of divorce and consequent family disorganization appears unavoidable, counsel is accorded a further opportunity to minimize expenses, avoid scandal and bitterness, and to plan the future welfare of the minor children and the estranged spouses. In performing this task he seeks to evaluate how the court …
Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff
Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff
Cleveland State Law Review
Since sterilization is a drastic remedy and generally a permanent infringement of bodily integrity, those affected by laws authorizing it are entitled to every reasonable precaution. Thus far they have not been adequately protected. The sterilization of persons without legal authorization, before testing the constitutionality of the laws, sterilization under unconstitutional laws, and the lack of representation by counsel, are all clear illustrations of this disregard of rights. The fact that scientific opinion differs as to the value of sterilization certainly indicates that the merits of this type of legislation should be re-evaluated.
Practice In Cuyahoga County Juvenile Court, Ronald J. Harpst
Practice In Cuyahoga County Juvenile Court, Ronald J. Harpst
Cleveland State Law Review
By avoiding Juvenile Court cases, the attorney not only deprives himself of many cases, but neglects a primary social and professional responsibility. The purpose of this paper is to acquaint the practicing attorney with "bread and butter" practices and procedures of Juvenile Court and to dispel misconceptions as to the status of practice in that court.
Malpractice In The United Kingdom, R. Bryce-Smith
Malpractice In The United Kingdom, R. Bryce-Smith
Cleveland State Law Review
No law exists which precisely determines the liability of a medical practitioner in respect of his patients. However, the basis of a practitioner's responsibility is that he should "exercise a reasonable degree of skill and care." The principle was first evoked in the case of Lanphier v. Phipos (1838) and it is obvious that in the absence of any more exact requirements, considerable latitude exists. Gradually, various decisions of the courts have limited the field of responsibility, and indicated to some extent what is meant by "reasonable skill and care." With the exception of these modifications, the law has not …
Anesthetic Malpractice In Canada, John H. Harland
Anesthetic Malpractice In Canada, John H. Harland
Cleveland State Law Review
Making allowance for the tenfold difference in population between Canada and the United States, it is evident that litigation arising from anesthetic malpractice is very much less common in the former country. We have attempted to give some of the reasons for this discrepancy.
Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess
Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess
Cleveland State Law Review
The medical evidence is quite strong as to tobacco causation of lung cancer. However, this leaves several legal questions to be answered before a plaintiff can recover from a cigarette manufacturer. The primary question at hand is: Do cigarette manufacturers impliedly warrant that their product is not dangerous to health; or, if not, do they have a duty to warn the public or the consumers in some direct way of the probable dangers to health in smoking. To phrase it differently, recovery will most likely lie in either implied warranty or in negligence, until statutory provisions are made to help …
Newspaper Interference In Judicial Proceedings, John Vamis
Newspaper Interference In Judicial Proceedings, John Vamis
Cleveland State Law Review
Emphasis has been put on situations which appear to indicate that the press has been, at the very least, over-aggressive in its operations. As has been shown, considerable leeway is accorded the press in its activity, even where it conflicts with the fair administration of justice. Although the courts will enforce penalties for clear violation of the fair administration of justice, the facts must spell out a clear and imminent danger. As to the individual, there does not presently appear to beany clear provision of legal remedy for newspaper interference with individual rights, except in the civil or criminal libel …
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Cleveland State Law Review
Many personal injury cases that appear on court calendars, as well as many not filed, are settled before trial. Settlements usually involve payment by the alleged wrongdoer in consideration of a release executed by the injured party. As for the alleged wrongdoer, this act settles the conflict in that the releasor has bargained away his legal remedy. As for the releasor, compensation for the injury was his objective. Sparse authority to the contrary, a release constitutes a contract, the validity of which can be affected by fraud, duress or mistake. Generally, one need not go into equity and pray for …
Rules Of The Road On Private Land, Margaret Mazza
Rules Of The Road On Private Land, Margaret Mazza
Cleveland State Law Review
As the number of automobiles increases, and as a main attraction to retail merchandising becomes the amount of parking facilities available to customers, courts will be confronted more often with traffic accidents on private property. Whether the common law rules of negligence are used, or whether the statutory regulations are applied initially or indirectly by analogy, the courts will find it more and more important to settle this legal problem uniformly and realistically.
Freedom Of Assembly And Racial Demonstrations, Richard W. Ervin
Freedom Of Assembly And Racial Demonstrations, Richard W. Ervin
Cleveland State Law Review
We have chosen to discuss and undertake to determine the precise point at which an assemblage of persons engaged in a racial demonstration loses constitutional protection and becomes instead an unlawful assembly, punishable as such under the common law or under state statutes or ordinances which embody the common law. To accomplish this purpose, we shall first attempt to define the crime of "unlawful assembly"; then we shall discuss breach of the peace because it is so intimately connected with the offense of unlawful assembly. This article will conclude with examples of situations in which racial demonstrations are, or are …
Freedom Of Association, William J. Hotes, Catherine H. Hotes
Freedom Of Association, William J. Hotes, Catherine H. Hotes
Cleveland State Law Review
To determine whether a limitation upon freedom of association by a state is constitutionally justified, the Court must balance the interests of those individuals whose rights have been restricted against the interests of the state involved. Constitutional freedoms guaranteed by the First Amendment may be restricted only when the state has a compelling interest. A state may take action in the interest of public safety, health, or welfare to prevent abuse of the exercise of these freedoms, but it may not curtail the rights themselves. Only the public interest or a clear and present danger would justify restriction of First …
Judicial Note And Indisputables, Ralph Slovenko
Judicial Note And Indisputables, Ralph Slovenko
Cleveland State Law Review
Under the adversary system of trying cases, the litigant and not the trier is responsible for gathering and presenting the evidence. However, under the doctrine of judicial notice, the tribunal accepts the existence of certain evidence without the necessity of a party offering formal proof.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing James Jackson Kilpatrick, The Smut Peddlers, Doubleday & Co., 1960
Recent Head Damage Awards, Eileen Kelley
Recent Head Damage Awards, Eileen Kelley
Cleveland State Law Review
Head trauma is responsible for more litigation than any other single bodily mechanical damage. Belli ranks brain injuries second only to the back and spine in producing permanent and crippling disabilities.
Recent Eye Damage Awards, Margaret Mazza
Recent Eye Damage Awards, Margaret Mazza
Cleveland State Law Review
Impairment of vision may be either temporary or permanent and may be caused by direct trauma, burns, or any other injury to the face near the area of the eyes. Vision may be impaired or completely lost due to injury to the brain or associated nerves. The list of cases below gives descriptions and awards in some recent eye injury suits.
Recent Back Damage Awards, Carl H. Miller
Recent Back Damage Awards, Carl H. Miller
Cleveland State Law Review
Injuries to the human back have long perplexed the legal world. This is especially true of the soft tissue area of the back, where objective medical tests give way to the vagueness of a "sprained" muscle, and the court finds itself torn between the desire to adequately compensate an injured plaintiff and the caution that must prevail where objective tests are inadequate. Generally speaking, we will be concerned with that portion of the back that is not skeletal in nature,and though the interaction of the spine with the muscular structure permits little latitude in separating them, we will do so …
Registered Trademark Marking Requirements, Cameron K. Wehringer
Registered Trademark Marking Requirements, Cameron K. Wehringer
Cleveland State Law Review
The ® symbol is at times rarely used,sometimes moderately used, and sometimes perhaps over-used.Two major questions then. What is the necessary use, and what is the situation as to prevailing use?
Taxation Of Professional Athletes, Ronald B. Cohen
Taxation Of Professional Athletes, Ronald B. Cohen
Cleveland State Law Review
There is very little doubt that the current income tax laws are not applied with equal fairness to people of all occupations. There are many groups whom Congress has seen fit to give many tax advantages, both directly and indirectly. Others assert, and rightly so, that they must pay too much of the tax burden. Professional athletes have probably often wondered just which category best fitted them. This article is for the purpose of pointing out some of the unique problems of the "play for pay" boys. I have grouped those problems into three topics, which I call, "Deferred Compensation", …
Mortgage Investments And The Usury Problem, Gordon M. Harrell
Mortgage Investments And The Usury Problem, Gordon M. Harrell
Cleveland State Law Review
A continuous and steady expansion of residential dwelling is desirable from both a sociological and economic standpoint. Continuing support is required from risk capital willing to invest throughout the United States. This necessarily means that, if funds are to be drawn from areas of financial plenty to areas experiencing a financial drought, the investor will often not be a party to the original loan transaction, but will be a transferee of a local mortgage lender. We will consider those situations which are most often the foundation for an allegation of usury by the borrower-where there is a substantiated charge of …
Should Ohio Abolish Capital Punishment, Richard J. Goetz
Should Ohio Abolish Capital Punishment, Richard J. Goetz
Cleveland State Law Review
In view of all the controversy surrounding this topic, it is interesting to review the history of the death penalty in Ohio, in other states, and elsewhere in the world.
Selecting A Jury In Civil Trials, Forrest A. Norman
Selecting A Jury In Civil Trials, Forrest A. Norman
Cleveland State Law Review
It is probably no exaggeration to state that many cases are won or lost on the jury selection. Every lawyer is familiar with cases that were tried through to a jury verdict and following a motion or appeal, were retried to a different jury, with opposite results being reached. In many of these cases the witnesses, the testimony, and all of the facts remain the same-the only difference being in the jury and the result. Thus, the importance of the jury selection cannot be overestimated.