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Articles 176491 - 176520 of 183820
Full-Text Articles in Entire DC Network
Optometrists' Tort Liability, Gerald F. Sweeney
Optometrists' Tort Liability, Gerald F. Sweeney
Cleveland State Law Review
The question "Do you need glasses?" should be answered in the affirmative by many people, nowadays. Most of us, at some time, find it necessary to visit one of the many establishments for the correction of defective vision. When the time does arrive, we are confident that our chosen "professional" will fill our needs adequately, yet, mistakes and oversights occur. What happens when a serious injury occurs as a result of this possibility? This article attempts to answer that question briefly.
Duration Of Seamen's Maintenance And Cure Rights, Howard S. Stern
Duration Of Seamen's Maintenance And Cure Rights, Howard S. Stern
Cleveland State Law Review
It is well settled that an injured or disabled seaman is entitled to "maintenance and cure" at the expense of the owners of his vessel at least until the end of the voyage,' provided that the need therefor exists that long. The minimum limits of this liability are fixed and certain, and have been so for over fifty years. The more important problem concerns the maximum limit of liability. Stating the problem in the form of a query: At what point does liability for maintenance and cure cease? On this point there is wide divergence of opinion. One of the …
Drafting Of The Simple Will, Ellis V. Rippner
Drafting Of The Simple Will, Ellis V. Rippner
Cleveland State Law Review
The so-called "simple" will is by far the most common type of will drafted by the attorney. In jest it has been said to be that legal instrument requested by the newly retired business man who wishes to "place his house in order" prior to an extended vacation. Double-parked in front of his attorney's office, he wants the will drafted "instanter" so that he can start his trip with "peace of mind." In fact, seldom does a client suggest that his estate problem requires anything more than a "simple will." In truth, however, no properly drafted will can properly be …
Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack
Physician's Use Of Hospital Facilities: Right Or Privilege, Jewel Hammond Mack
Cleveland State Law Review
The issue is clear: Do the hospitals exist primarily as corporations (business entities), of primary concern only as "private preserves" governed solely as their administrators wish?Or do the hospitals exist primarily as facilities for medical aid to the public; as instrumentalities for physicians to use in aiding the public? Put otherwise, the issue is: Do doctors exist for the convenience of hospitals, or hospitals for the convenience of doctors? Should public interests or hospital management interests come first?The answers are obvious. The law as it is now is contrary to the public's interests.
Physician-Patient Privilege In Ohio, Naoma Lee Stewart
Physician-Patient Privilege In Ohio, Naoma Lee Stewart
Cleveland State Law Review
Throughout its history the physician-patient privilege has been the subject of controversial discussion, and in recent years these discussions have been dominated by voices of bitter disapproval and severe criticism. Judges, lawyers, textwriters, and teachers have denounced the privilege by characterizing it as everything from a "monumental hoax" to a "clever legerdemain loaned by the law to the parties to suppress the truth." Critics maintain that in the majority of reported cases the patient invoked the privilege, not to protect his privacy or to prevent the disclosure of humiliating personal facts (supposedly the purpose for the creation of the privilege), …
Hospital Records As Evidence, Robert B. Dunsmore
Hospital Records As Evidence, Robert B. Dunsmore
Cleveland State Law Review
Court decisions are not in harmony as to the admissibility of hospital charts and records as evidence in a court of law. At common law they are not recognized as valid evidence. In the absence of a statute requiring hospitals to keep clinical charts or records, many courts adopt the view that such a chart or record is admissible as evidence only under some exception to the Hearsay Rule and after a proper foundation has been laid for bringing the case within the particular exception. If such a foundation is laid, a hospital chart or record is, according to the …
Surgery Of Major Blood Vessels: Standards Of Care, Victor G. Dewolfe
Surgery Of Major Blood Vessels: Standards Of Care, Victor G. Dewolfe
Cleveland State Law Review
This article presents a "technical standards of care." approach to the question of malpractice. The article describes a common disease, its symptoms and proper diagnosis, proper methods of treatment and surgery, and the probable results. The footnotes give briefly the various aspects of liability of the physician for malpractice, which liability may arise due to mistakes, negligence or unexpected occurrences in this type of treatment.
Exculpatory Clauses In Leases, Margaret Mazza
Exculpatory Clauses In Leases, Margaret Mazza
Cleveland State Law Review
Exculpatory clauses in leases are used in order to free the lessor from liability for his future acts of negligence. For the purpose of this article we will assume that there was a legal duty resting upon the party asserting the clause as a defense. The validity of such a provision then requires a choice between two conflicting policies: (1) a person should be liable for the negligent breach of his duty; (2) a person should have the right to contract freely. The common law developed the rights and duties of the parties in certain relations and determined that damages …
Municipal Corporations, Samuel Sonenfield
Municipal Corporations, Samuel Sonenfield
Case Western Reserve Law Review
No abstract provided.
Administrative Law And Procedure, Maurice S. Culp
Administrative Law And Procedure, Maurice S. Culp
Case Western Reserve Law Review
No abstract provided.
Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan
Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan
Cleveland State Law Review
Twenty years of major public health protection have been provided since enactment of the Federal Food, Drug, and Cosmetic Act of 1938. The Food and Drug Administration, a constituent of the United States Department of Health, Education, and Welfare, enforces this Act and thereby carries out the purpose of Congress to insure that foods are safe, pure, and wholesome, and made under sanitary conditions; drugs and therapeutic devices are safe and effective for their intended uses; cosmetics are safe and prepared from appropriate ingredients; and that all of these products are honestly and informatively labeled and packaged. Man and animals …
Libel And Slander - Persons Liable - Television Station Without Power To Censor Not Liable For Defamation In Political Broadcasts, Cecil E. Reinke
Libel And Slander - Persons Liable - Television Station Without Power To Censor Not Liable For Defamation In Political Broadcasts, Cecil E. Reinke
North Dakota Law Review
No abstract provided.
Unanswered Questions In The Recent Passport Cases, Bill L. Hoisington
Unanswered Questions In The Recent Passport Cases, Bill L. Hoisington
UC Law Journal
No abstract provided.
Effect Of Advertising On Manufacturer"S Liability To Ultimate Purchaser, Mary Alice Hohmann
Effect Of Advertising On Manufacturer"S Liability To Ultimate Purchaser, Mary Alice Hohmann
Marquette Law Review
No abstract provided.
Contracts: Insurer's Breach: Application Of Rest. Contracts Sec.318, Rupert J. Groh Jr.
Contracts: Insurer's Breach: Application Of Rest. Contracts Sec.318, Rupert J. Groh Jr.
Marquette Law Review
No abstract provided.
Negligence: Contractor's Liability For Discoverable Defect After Acceptance By Owner, David L. Walther
Negligence: Contractor's Liability For Discoverable Defect After Acceptance By Owner, David L. Walther
Marquette Law Review
No abstract provided.
Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler
Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler
Michigan Law Review
Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.
Bankruptcy - Priorities - Status Of Employer Contributions To Union Welfare Fund, John W. Simpson
Bankruptcy - Priorities - Status Of Employer Contributions To Union Welfare Fund, John W. Simpson
Michigan Law Review
Under a collective bargaining agreement an employer was required to contribute eight dollars monthly to a union welfare fund for each of its employees who were union members. A trust agreement authorized the trustees of this fund to file claims of priority in any proceeding involving the employer's insolvency. In a bankruptcy proceeding the trustees of the fund sought priority as wage claimants for the employer's unpaid contributions to the fund which had accrued during the three months prior to bankruptcy. In the same proceeding the United States sought priority for unpaid taxes. The referee ruled that the unpaid employer …
Realignment Of Parties In Stockholder's Derivative Suits Where Jurisdiction Is Based Upon Diversity Of Citizenship, Garry A. Pearson
Realignment Of Parties In Stockholder's Derivative Suits Where Jurisdiction Is Based Upon Diversity Of Citizenship, Garry A. Pearson
North Dakota Law Review
No abstract provided.
Workmen's Compensation - Aggravation Or Acceleration Of Particular Conditions - Nervous Tension Resulting In Stroke Compensable Without Showing Of Unusual Exertion, Joseph R. Maichel
Workmen's Compensation - Aggravation Or Acceleration Of Particular Conditions - Nervous Tension Resulting In Stroke Compensable Without Showing Of Unusual Exertion, Joseph R. Maichel
North Dakota Law Review
No abstract provided.
The French Law Of Eminent Domain, Frank M. Covey Jr.
The French Law Of Eminent Domain, Frank M. Covey Jr.
North Dakota Law Review
No abstract provided.
Low Back Injuries--The Ruptured Disc Syndrome, Charles J. Frankel
Low Back Injuries--The Ruptured Disc Syndrome, Charles J. Frankel
South Carolina Law Review
No abstract provided.
The History Of The University Of North Dakota School Of Law, Charles L. Crum
The History Of The University Of North Dakota School Of Law, Charles L. Crum
North Dakota Law Review
No abstract provided.
Pre-Emption Of State Regulation And Constitutional Exclusion - Regulation Of "Elevation" In Interstate Commerce - Public Service Commission V. Western Maryland Railway Company, Robert E. Powell
Maryland Law Review
No abstract provided.
Constitutional Law, Oliver Schroeder Jr.
Constitutional Law, Oliver Schroeder Jr.
Case Western Reserve Law Review
No abstract provided.
Privileged Communications Between Physician And Patient, Clinton Dewitt
Privileged Communications Between Physician And Patient, Clinton Dewitt
Case Western Reserve Law Review
No abstract provided.
State Development Corporations: The Pennsylvania Experience, William R. Davlin
State Development Corporations: The Pennsylvania Experience, William R. Davlin
Law and Contemporary Problems
No abstract provided.
Small Business And Labor-Relations Problems, Eddy S. Feldman
Small Business And Labor-Relations Problems, Eddy S. Feldman
Law and Contemporary Problems
No abstract provided.