Digital Commons Network^™

Varying Standards Of Care In Medicine, Charles J. Frankel

Cleveland State Law Review

There are many roads to Mecca. Some are more direct and less dangerous, others are fraught with hazards which must be overcome to enable the seasoned traveler to reach his destination. The unwary person may be fortunate and successful; yet he may easily lose his way. So it is in medicine and surgery. In the field of orthopedic surgery I have noted many different approaches to a particular problem. In many instances it is generally agreed that one method is as good as another, depending on individual familiarity with the technique. In other instances there is wide disagreement.

Judicial Notice Of Modern Youths' Propensity For Fighting, Leona M. Hudak

Cleveland State Law Review

Fighting, which in olden times was admired as valor in youth, has become a crucial contemporary problem of international proportions-the courts have been loath to recognize this phenomenon and to depart from the comfortable refuge of stare decisis by giving redress to plaintiffs injured by the young rebels. Yet the constitutions of most, if not all, the jurisdictions of the United States ironically assure their inhabitants of a remedy for every injury.

The Nature Of College Student Perceptions In America Today (Circa 1970), Arthur R. Landever

Law Faculty Articles and Essays

Arthur Landever discusses the Nature of College Student Perceptions in America.

Marriage And Divorce For The Devils Lake Indian Reservation, David V. Opland

North Dakota Law Review

No abstract provided.

Blood Tests In Paternity Cases, Robert Ratimorszky

Cleveland State Law Review

Medical science has developed and provided absolute proof of non-paternity by exclusion with the probability higher than 71.6 per cent.The blood tests determining nonpaternity by exclusion are conclusive.Despite this conclusive and scientifically proven medical system of exclusion, legislatures and courts in many jurisdictions are still slow in accepting the irrebuttable proof of blood grouping tests. Resentment is strong in many jurisdictions against the admission of possibility of paternity upon all the evidence. The argument that if admitted, such evidence is prejudicial holds in many jurisdictions including Ohio.Legislatures and courts should take cognizance of the proof of blood tests in paternity …

Rights And Responsibilities Of The Employed Inventor, John C. Stedman

Indiana Law Journal

No abstract provided.

Administrative Law--Selective Service--Conscientious Objector Dilemma--Question Still Unresolved, Richard D. Pompelio

Kentucky Law Journal

No abstract provided.

Family Law--Custody Of Children, William Edward Hudson

Kentucky Law Journal

No abstract provided.

Social Security Benefits For Illegitimate Children After Levy V. Louisiana, Herbert Semmel

Buffalo Law Review

No abstract provided.

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.

National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means

Villanova Law Review (1956 - )

No abstract provided.

Isolating The Male Bias Against Reform Of Abortion Legislation, Patricia E. Kowitz

Santa Clara Law Review

No abstract provided.

The Power Of The Psychiatric Excuse, Seymour L. Halleck M.D.

Marquette Law Review

No abstract provided.

On The Conviction Proneness And Representativeness Of The Death-Qualified Jury: A Study Of Colorado Veniremen, Edward J. Bronson

University of Colorado Law Review

No abstract provided.

The Santa Barbara Oil Spill, Malcolm F. Baldwin

University of Colorado Law Review

No abstract provided.

Law And Anarchy, Sidney Hook

University of Richmond Law Review

I wish to consider certain views and attitudes about law and government that seem widely held today, that encourage contempt for law and at least indirectly bear on current political behavior.

Psychology And The Criminal Law, Paul E. Meehl

University of Richmond Law Review

The two opposite errors a lawyer may make in evaluating the social scientist's contribution to law are to be overly critical and hostile, or to be unduly impressed and uncritically receptive. I have seen examples of both mistakes. The extreme form of the first attitude is shown by the lawyer who frankly believes that psychology, psychiatry, and sociology are mostly "baloney," pretentious disciplines which have abandoned common-sense knowledge of human life but whose claim to have substituted scientific knowledge is spurious. I would like to believe that this hostile attitude is always based upon misinformation or ignorance; but unfortunately, if …

Recent Decisions: Constitutional Law - Equal Protection Of The Laws - Inheritance By Illegitimates [Strahan V. Straban, 304 F. Supp. 40 (W.D. La. 1969)], Norman A. Levine

Case Western Reserve Law Review

No abstract provided.

The Psychological Autopsy In Judicial Opinions Under Section 2035, Thomas L. Shaffer

Journal Articles

It is surprising how many cases have been litigated under Section 2035 of the Internal Revenue Code, which imposes an estate tax on inter vivos gifts in contemplation of death. It is also surprising that those hundreds of judicial opinions embody rigid perceptions of human life, and of attitudes toward death-perceptions which range from incisive to naive. They disclose a judicial system of death psychology which is detailed, systematic and (sometimes) accurate. This is an inquiry into those opinions as psychological autopsies.

The traditional judicial view of a gift in a contemplation of death case implies that the dead man …

Systems Theory And Judicial Behavioralism, Ovid C. Lewis

Case Western Reserve Law Review

No abstract provided.

Undue Influence, Confidential Relationship, And The Psychology Of Transferenc, Thomas L. Shaffer

Journal Articles

This article attempts to describe a common human relationship as it has been developed in two traditions which are today largely separated from one another. The relationship is referred to as "confidential" in the law and as "transference" in psychoanalytical psychology. Legal insight on the phenomenon is found mainly in the appellate literature on gratuitous transfers obtained by undue influence; psychological insight occurs in the practice and speculation of therapists who have discovered the phenomenon in psychotherapy. Both traditions are useful in understanding the confidential or transference factor in human interaction. The interaction itself has impact beyond the appellate cases …

The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne

Faculty Publications

The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.

Illegitimacy: Equal Protection And How To Enjoy It, H. G. G. Iii

Georgia Law Review

The purpose of this Note is to demonstrate that the way is now clear to remove legally sanctioned discrimination against the illegitimate and to grant him the full citizenship denied him for centuries. Specifically, it is argued that since the illegitimate is treated equally with other children insofar as the mother-child relationship is concerned, it is but a simple extension of this status to afford the bastard the potentially more significant rights of the father-child relationship. Although the illegitimate has made some progress from his status of near nonexistence at common law, dearly there is much progress still to be …

Is Violence An "American" Nightmare?, Morris D. Forkosch

Georgia Law Review

HAVE civil disobedience and violence of all kinds in the United States crested, so that a decline appears in the offing? Does the mood of the country's college presidents and deans, that they can now deal with the student upheavals of the past few years, truly reflect not only their own campus situations but also the general picture in this country? Or is this mood a chimera: is optimism unfounded and continued violence to be expected because Western democracy was molded by violence, the United States was founded in violence, and man is by nature a violent creature? And even …

The Politics Of God In The Maturation Of The Law, M. S. B.

Georgia Law Review

This Note is a beginning exploration of the relationship of the law and God. It is predicated upon two assumptions: First, the law is what counsellors, advocates, judges and legislators do. Second, God is "beyond in the midst of our life;"  his doing is what is really happening. These assumptions preclude the possibility that either the law or God is brooding omnipresence. But they do open the way to discovery of the relationship of law as activity to the activity of God under the rubric of politics. After this Note has investigated the maturation of culture and law and described …

Volume 21 Issue 3 (1970), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

A Contextual Approach To Disobedience, Kent Greenawalt

Faculty Scholarship

Edmund Burke once noted that the rebelliousness of colonial America was largely a consequence of the size and prominence of the legal profession, under whose influence the people "snuff the approach of tyranny in every tainted breeze." Today, however, most members of the legal profession take a much dimmer view of civil disobedience, although some do acknowledge its justification in special circumstances. Few who write on the subject recognize that in making judgments about the morality of disobedient acts the lawyer's perspective is limited.

Disputes over whether an illegal action is morally justified in a particular instance can be conceptually …

The Moment Of Death: An International Medico-Legal Problem Concerning Human Organ Transplantation, Byron E. Siegel

Case Western Reserve Journal of International Law

No abstract provided.