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Articles 1 - 30 of 60
Full-Text Articles in Law
Negligent Design Of Sports Facilities, Bernard Mandel
Negligent Design Of Sports Facilities, Bernard Mandel
Cleveland State Law Review
The scope of this note is limited to the design of sports facilities and the duties of owners and participants relative thereto. Faulty construction and faulty maintenance of the facilities are not within its purview.
1966-1967 Issues In Legal Education, David F. Cavers, Lindsey Cowen, Walter Gellhorn, John G. Hervey
1966-1967 Issues In Legal Education, David F. Cavers, Lindsey Cowen, Walter Gellhorn, John G. Hervey
Cleveland State Law Review
Six issues in legal education, much discussed recently, were posed by the Editors of this Review to leading legal educators. These questions were and are frankly difficult and controversial, but their answers are important to our system of legal education and to our society. Capsule answers given by these distinguished legal educators are believed to be interesting and significant. Each is a personal rather than a representative opinion. Brief answers such as these, of course, are not expected to be, nor do they pretend to be, complete or profound. Their purpose is to indicate succinctly the approach of outstanding American …
What Constitutes An Assault, William H. Erickson
What Constitutes An Assault, William H. Erickson
Cleveland State Law Review
Assault, as it has been judicially defined, finds its basis in the protection against the apprehension of receiving harmful or offensive contact. It is the threshold for the more serious tort of battery, the actual contact with the person of the plaintiff. The law of assault has been developing over hundreds of years and will continue to do so. Of key importance to the tort, and the one factor more than any other which differentiates the tort of assault from other forms of intentional wrongdoing, is the element of apprehension in the mind of the victim. Without the awareness by …
Battery In Medical Torts, Don S. Smith
Battery In Medical Torts, Don S. Smith
Cleveland State Law Review
The purpose of this paper is not so much to explore when and under what circumstances a battery takes place but to deal with the problems which the classification itself creates. These include questions of the applicability of special malpractice statutes of limitation, whether an action can be maintained under the Federal Tort Claims Act, coverage under malpractice insurance policies, causation and damages, and the requirement of expert medical testimony to provide a standard against which the conduct of the defendant may be measured.
Acting In Loco Parentis As A Defense To Assault And Battery, Norman D. Tripp
Acting In Loco Parentis As A Defense To Assault And Battery, Norman D. Tripp
Cleveland State Law Review
An offer to use force to the injury of another is an assault, and the use of that force is a battery, which usually includes an assault. An assault and battery upon the person of another may be a criminal act. Courts generally hold, however, that a parent or one in loco parentis may inflict disciplinary corporal punishment upon a child without becoming criminally liable.
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Cleveland State Law Review
In any discussion of an emergency room or an emergency department or an emergency service, a definition of the terms of reference is always helpful at the start. Unfortunately, definitions of what constitutes an "emergency room" are not easily found and although numerous regulations governing hospitals refer to the provision of emergency service, none have hazarded a precise definition. Thus far, definitions all seem to be in agreement that personnel, materials and regulations should be present to insure immediacy or promptness of care. But uniform agreement on how immediacy and promptness are to be provided does not seem to be …
Laboratory Accident Liability: Academic And Industrial, Thomas M. Schmitz, Ralph K. Davies
Laboratory Accident Liability: Academic And Industrial, Thomas M. Schmitz, Ralph K. Davies
Cleveland State Law Review
Educational institutions are not expected to be insurers of a student's safety; however, schools must exercise that degree of care required to avoid a negligent disregard of the potential dangers inherent in academic chemical experimentation. Industry must likewise exert due care to avoid unnecessary exposure of the industrial chemist to unreasonable dangers. Injuries sustained in the industrial research laboratory may be recoverable under workmen's compensation statutes or under tort law. The industrial chemist assumes a limited risk, but he does not assume the perils of his employer's negligence.
Ill Treatment As The Cause Of Suicide, William Weaver
Ill Treatment As The Cause Of Suicide, William Weaver
Cleveland State Law Review
This paper attempts to summarize the law with respect to the liability of one whose ill treatment of another ultimately results in the suicidal death of such other.
Real Property Tax Exemptions Of Non-Profit Organizations, Robert T. Bennett
Real Property Tax Exemptions Of Non-Profit Organizations, Robert T. Bennett
Cleveland State Law Review
Although much has been written about non-profit organizations in the area of state and local taxation, very little has been written as to tax exemptions granted to these same organizations. This only indicates that the law on this subject is not well developed and remains a source of constant litigation. This situation appears to exist for several reasons. Each state has its own tax statutes with its own definitions and interpretations, and litigation can usually be resolved by referring only to the particular state constitution involved or the Constitution of the United States.
Annulments For Lack Of Love And Affection, Samuel Abrahams
Annulments For Lack Of Love And Affection, Samuel Abrahams
Cleveland State Law Review
New York long as enjoyed the dubious distinction of being the most flexible jurisdiction for the granting of annulments of marriages. As a student of the subject relates, "For those unable or unwilling to travel and assume residence outside the state, New York offers an unusually expansive concept of annulment to mitigate the severity of the divorce law." There is some anticipation that the recently revised divorce statute will tend to make annulments less appealing and attractive to those who are incapable of resorting to foreign forums for the severance of the marital tie. Annulments for fraud are allowed to …
Book Review, William L. Summers
Book Review, William L. Summers
Cleveland State Law Review
Reviewing Stuart M. Speiser, Recovery for Wrongful Death, Lawyers Co-operative Publishing Company, 1966
Book Review, Frederick E.J. Pizzedaz
Book Review, Frederick E.J. Pizzedaz
Cleveland State Law Review
Reviewing Marian R. Freemont-Smith, Foundations and Government: State and Federal Law and Supervision, Russell Sage Foundation, 1965
Book Review, Lawrence J. Rich
Book Review, Lawrence J. Rich
Cleveland State Law Review
Reviewing Richard J. Medalie, From Escobedo to Miranda: The Anatomy of a Supreme Court Decision, Lerner Law Book Co., Inc., 1966
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
Cleveland State Law Review
Schipper v. Levitt & Sons, Inc., held that a tract home-builder must defend his actions against the prima facie case established by an injured third party. The importance of this case lies in the application of a tort doctrine, previously applied exclusively to negligent acts by chattel manufacturers, to real property construction. This extension is shattering the ancient property concepts so much the bedrock of our Common Law. We will review that foundation and the old rules of non-liability as they concern the landowner, contractor, and third party, in order to grasp the significance of this new change in jurisprudential …
Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan
Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan
Cleveland State Law Review
It would seem best to recognize that the old rule of waste, which was based on practically any physical change in the premises, is dead.The rule today would clearly seem to be that, to determine waste, one must decide whether or not the acts complained of violated the actual or presumed intention of the parties creating the estate. Certainly the least desirable approach to a determination of what is actionable waste is that which attaches liability to certain acts regardless of their desirability or practical context. It seems to be the rule today that the intention of the parties, or, …
Firemen's Recovery From Negligent Landowners, Kenneth D. Stern
Firemen's Recovery From Negligent Landowners, Kenneth D. Stern
Cleveland State Law Review
The right of a fireman or policeman to recover from a negligent landowner for injuries suffered while the fireman or policeman is on the landowner's property in an official capacity is a question which has produced a variety of answers by the various courts. While surveys of the law in this area are available, it appears that a study of the rationale underlying the various arguments dealing with the matter iscalled for. Because of the basic similarity in the circumstances which justify the entrance of both policemen and firemen onto private property (namely, a danger to the public and to …
Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem
Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem
Cleveland State Law Review
This article examins the liability of an abutting land owner or possessor, making special use of a public sidewalk, for injuries received by persons while on the sidewalk. An abutting owner is defined as "an owner of land which abuts, adjoins or is in close proximity." The definition includes the owner or possessor of property which abuts or adjoins land which legally constitutes a public right of way.
Unreasonable Accumulation Of Income By Foundations, Joel H. Feld
Unreasonable Accumulation Of Income By Foundations, Joel H. Feld
Cleveland State Law Review
Unreasonable accumulation of income was and still is one of the the common abuses found in some foundations. Prior to 1950 the Internal Revenue Service challenged foundation exemption by stating that unreasonable accumulations of income were evidence that the foundation was not organized for, or carrying out, a charitable purpose. The courts were reluctant to follow this theory, and gave the law a liberal interpretation in favor of the foundations. It was not until 1950 that Congress enacted Section 3814 of the Internal Revenue Code of 1939. The law is the same today in the Internal Revenue Code of 1954, …
Short-Sales Of Securities, William J. Rankin
Short-Sales Of Securities, William J. Rankin
Cleveland State Law Review
The field of short selling is bathed in confusion, complexity, and contradiction. An attempt will be made in this article to arrive at order and understanding in this complex area.
Removal Of Voting Power From Members Of Non-Profit Organizations, Timothy L. Nesbitt
Removal Of Voting Power From Members Of Non-Profit Organizations, Timothy L. Nesbitt
Cleveland State Law Review
It is evident that the right to vote in non-profit organizations has been judicially recognized but has received uneven protection. As a general rule, unless the right to vote is specifically restricted, every member of a non-profit organization is entitled to vote. The right to vote maybe defined in the provisions by which the organization is governed, and in that case the right to vote is restricted to those within the terms of the governing provision.
Book Review, David B. Mcclure
Book Review, David B. Mcclure
Cleveland State Law Review
Reviewing George C. Newman, ed., Children in the Courts - The Question of Representation, Institute of Continuing Legal Education, 1967
Book Review, Mort L. Kaplan
Book Review, Mort L. Kaplan
Cleveland State Law Review
Reviewing Albert Averbach and Charles Price, eds., The Verdicts Were Just: Eight Famous Attorneys Present Their Most Memorable Cases, Lawyers Co-operative Publishing Co., 1966
The Bootstrap Loophole: Can It Be Closed, Frank C. Fogl Jr.
The Bootstrap Loophole: Can It Be Closed, Frank C. Fogl Jr.
Cleveland State Law Review
The puropse of this paper is to review the history and background of bootstrap transactions and to determine: (1) Whether there is a need to close the bootstrap loophole; (2) If so, why this loophole has not been closed in the past; (3) Whether the Internal Revenue Code as it now exists contains provisions, if used, that can close this loophole; (4) If new legislation would be required to reach this end. A few key cases will be reviewed and analyzed, with major emphasis placed on the recent Clay Brown' decision, to show the attitude toward bootstrap transactions of both …
Avoidance Of P.I. Releases For Mutual Mistake: Recent Cases, Franklin Stafford Wearn Ii
Avoidance Of P.I. Releases For Mutual Mistake: Recent Cases, Franklin Stafford Wearn Ii
Cleveland State Law Review
The purpose of this article is to determine the factors which currently persuade courts to set aside releases under the doctrine of mutual mistake. Therefore, cases involving fraud, misrepresentation, overreaching, or unilateral mistake are outside the scope, except as they shed light on the doctrine's application. We shall consider first those cases where there is thought to be no personal injury at the time of releasing, and then those where some personal injury is known, but where it could be said that there exists a material unknown injury. Let it be noted that, as will be shown, if the releasor …
Police Tort Liability For Defamation, John Maxey
Police Tort Liability For Defamation, John Maxey
Cleveland State Law Review
There are many communications an officer of the law makes during the discharge of his duty. Some of these statements are made to other officers, some to the public, some to prisoners, and some to those whose aid they are soliciting in the course of their duty. Many statements which an officer makes during a day would definitely be slanderous, except for a degree of privilege which is accorded to policemen.
Municipal Immunity In Police Torts, Carol F. Dakin
Municipal Immunity In Police Torts, Carol F. Dakin
Cleveland State Law Review
This article summarizes and analyzes municipal immunity from liability for torts committed by police officers. Despite the existence of a strong minority, the climate in the United States is not one in favor of the abrogation of the doctrine of governmental immunity in the near future. It should be hoped that in the states where the legislatures have failed to act, the courts will see it as their duty to overturn this anachronism, and that in the states where the courts have refused to part with the past, the legislatures will enact laws to abolish the doctrine. Until such changes …
Legal Aspects Of Police Radar, William K. Mccarter
Legal Aspects Of Police Radar, William K. Mccarter
Cleveland State Law Review
As a vehicle approaches the radar unit, it enters its operating zone or "zone of influence." The length and width of the zone depends on such factors as the strength of the signal and the transmittor height above the ground. The unit will record the speed of only one vehicle at a time, determined by the vehicle presenting the best target by reason of reflecting surface, position, or speed. Based on this, many courts have pointed out possible defenses to proof of speed by radar. One court has stated in its opinion there are many more defenses that can be …
Investigational Drugs And The Law, George F. Archambault
Investigational Drugs And The Law, George F. Archambault
Cleveland State Law Review
Moving directly to the subject "Investigational Drugs and the Law" and being concerned primarily with preventative law, a topic not unlike preventative medicine, what is it that must be known as a lawyer in this specialty field in order to aid physicians and pharmacists involved in clinical research, in clinical pharmacology research, in hospital administration, and in nursing and pharmacy practices to keep them from legal pitfalls? It is necessary to tackle the subject in a two-pronged manner: (1) the federal and state statutes, and (2) case law.
Uninsured Motorist Defined, Henry A. Hentemann
Uninsured Motorist Defined, Henry A. Hentemann
Cleveland State Law Review
An attempt will be made to explore the court interpretations of the standard policy definition of "uninsured automobile." However, when reviewing such, three basic consider-tions must be borne in mind. One is that many states have so-called uninsured motorist statutes which contain purpose and intent sections upon which the courts may have relied in allowing a liberal construction to achieve the purpose intended by the legislature. The second is that simple contract law, without statutory influence, requires that the words employed be given their plain and commonly understood meaning. Thirdly, however, any ambiguity in an insurance contract, it being a …
Laudatory Invasion Of Privacy, Joseph Zolich
Laudatory Invasion Of Privacy, Joseph Zolich
Cleveland State Law Review
Although seventy-seven years have passed since its launching, the right of privacy is still in its infancy. But we can say that the doctrine is no longer a generality and courts have developed principles which are applied and followed in jurisdictions where the doctrine has been recognized. Laudatory invasion of privacy cases fall into the category of public disclosure of private facts about the plaintiff.