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Articles 31 - 55 of 55
Full-Text Articles in Law
Book Review, Suzanne M. Spitz
Book Review, Suzanne M. Spitz
Cleveland State Law Review
This review presents an overview of The Lawyer, the Public, and Professional Responsibility by F. Raymond Marks. The book notes that the relationship between public interest and the legal profession is somewhat troubled and suggests that public interest firms may be used to make it so that the two work together more seamlessly towards mutual goals.
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.
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 …
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Cleveland State Law Review
This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.
Rehabilitation Of Drug-Dependent Persons, Paul A. Lichtman
Rehabilitation Of Drug-Dependent Persons, Paul A. Lichtman
Cleveland State Law Review
In today's fast-paced society, we are the witnesses of a very unusual phenomenon. People are consuming drugs at a rate never before realized. Stimulant drugs are being taken to keep the individual going during the day. Depressant drugs are being ingested to help the individual bury his anxieties. Drugs have been developed for practically every form of illness, whether organic or psychological. The majority of people who do use the various kinds of legend drugs do so legally, under a physician's supervision. There is am growing minority, however, who abuse drugs to the extent that these individuals become what is …
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 …
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Cleveland State Law Review
In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …
Mid-1972 News Of Legal Writers, Ralph D. Churchill
Mid-1972 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Cleveland State Law Review is the periodical selected as the ;official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking particularly to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and the Bar.
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 …
Non-Profit Corporations' Names, Sheila M. Kahoe
Non-Profit Corporations' Names, Sheila M. Kahoe
Cleveland State Law Review
A non-profit organization , like its counterpart, the profit-seeking corporation, must have a name if it is to exist as a legal entity. Most states impose statutory restrictions on the selection of a name, with little or no distinction between the rules governing the business corporation and the non-profit corporation. For example, in Ohio the two sections of the Revised Code relating to corporate names are virtually identical. The Ohio statute serves to illustrate the policy reasons for the state's policing of the selection of a corporate name. Two important considerations are set forth in the statute: first, that the …
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
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Cleveland State Law Review
The scenario is commonplace: Plaintiff causes summons to be served on the defendant. The defendant believes the summons is fatally defective, or the service is faulty, or that, for some reason or another, the court in which the action is brought cannot lawfully obtain jurisdiction over his person. Accordingly, he files a motion to quash and set aside the summons, or a motion to dismiss for want of in personam jurisdiction. As so frequently happens, the court does not quite see the wisdom of defendant's position, and overrules the motion. Usually, the court's journal entry will note that the defendant's …
Occupational Safety And Health Act Of 1970, Lee Hornberger
Occupational Safety And Health Act Of 1970, Lee Hornberger
Cleveland State Law Review
More than fourteen thousand workers died as a result of occupationally related accidents in 1970. This is more than died in Vietnam during the same period. During the 1960's, more than 150,000 Americans died under similar conditions. This was in spite of occupational safety and health legislation in most of the states. Federal safety legislation in limited areas had failed to stem the fatal tide in even those limited areas. It had become apparent that unless a new comprehensive approach was used the worksite would become even more deadly than the battlefield. The Occupational Safety and Health Act of 1970 …
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 Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Cleveland State Law Review
When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …
Subcontracting Arbitration: How The Issues Are Decided, Edwin H. Jacobs
Subcontracting Arbitration: How The Issues Are Decided, Edwin H. Jacobs
Cleveland State Law Review
The purpose of this paper is to determine what, if any, particular criteria are currently being used by arbitrators in deciding subcontracting controversies involving labor and management where a contract exists between the parties. The failure of traditional standards in the evaluation of subcontracting controversies has long been evident. The view here taken opposes those standards and indicates that there is a soundly based and readily analyzed common factor, available as a basis for the determination of these disputes.
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Cleveland State Law Review
Due to the nature of his profession, the practicing lawyer is invariably confronted with significant financial risks. Because of the growing number of claims for professional negligence, coupled with the fact that the monetary risk of claims is largely unmeasurable, a constantly increasing proportion of lawyers is considering the feasibility of professional liability insurance protection. This type of insurance offers not only financial security, but also a means for the advantageous and efficient settlement of just claims without damaging notoriety.
Book Review, Robert A. Richardson
Book Review, Robert A. Richardson
Cleveland State Law Review
The author gives a brief summary of The Profession of Law by L. Ray Patterson and Elliott E. Cheatham.
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Cleveland State Law Review
It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).
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.
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Cleveland State Law Review
In almost all jurisdictions the statute of limitations for the malpractice of an attorney is between one and three years. Although some argue that this is too short a period, the main problem is not in the statute but in its application. Difficulty arises when a court must decide at what point the statute of limitations begins to run. To appreciate a court's problem, the nature and reasons behind statutes of limitations must be understood
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 …
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
Book Review, Charles G. Sabo
Book Review, Charles G. Sabo
Cleveland State Law Review
This entry analyzes the text What to Do with your Bad Car: An Action Manual for Lemon Owners by Ralph Nader, Lowell Dodge, and Ralf Hotchkiss.
Nonprofit Corporations - A Survey Of Recent Cases, Lizabeth A. Moody
Nonprofit Corporations - A Survey Of Recent Cases, Lizabeth A. Moody
Cleveland State Law Review
The relatively few persons who write or teach in the field of nonprofit organizations are chronic complainers about the lack of case law in the area. The sparseness of authority leaves practitioners without adequate guidelines with which to advise clients, and leaves academicians without visible trends on which to develop theories.