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Full-Text Articles in Law
Police Liability For Invasion Of Privacy, Mildred Schad
Police Liability For Invasion Of Privacy, Mildred Schad
Cleveland State Law Review
No reasonable man would contend that there can be no valid invasion of privacy by police officers. But, just when do the rights of society accede to the privileges of the individual? Certain guides as to the reasonableness of a search have been determined. A search, without a search warrant, is lawful if it is incident to a lawful arrest and if the essential element of a lawful arrest, probable cause, exists.
Defenses To Group Defamation Actions, Richard J. Quigg
Defenses To Group Defamation Actions, Richard J. Quigg
Cleveland State Law Review
The basic defenses applicable to ordinary individual defamation, of truth, privilege (including fair comment), and consent, also apply to group defamation. Most past group defamation cases have held that language including all members of a given group,or positively identifying the plaintiff, must be used. Tort actions have been upheld when small groups are defamed; tort claims are generally disallowed in the defamation of large groups unless the public readily recognizes the defamation as being directed at one individual. A number of "group-hate" statutes have been enacted by various states, making it a criminal offense to defame a class of citizens. …
Consent To Surgery, Gerald M. Smith, R. Joseph Olinger
Consent To Surgery, Gerald M. Smith, R. Joseph Olinger
Cleveland State Law Review
The legal aspects of a patient's consent to operation, or the lack of such consent, are many and varied. The general rule is that consent of the patient, or of someone authorized to act for him, is necessary in order for a physician to legally operate. This rule is not altered by the fact that an unauthorized operation is slight and ordinarily is not accompanied by serious consequences. Where no consent is present, a surgical operation upon the body is a technical battery, and in the absence of exceptional circumstances, appropriate damages may be recovered from the physician. The question …
Federal Tort Claims Act Summarized, Russell E. Ake
Federal Tort Claims Act Summarized, Russell E. Ake
Cleveland State Law Review
To attempt a brief summary of the Federal Tort Claims Act may be likened to an attempt to explain atomic energy in ten words. But such a summary may be of some usefulness to our esteemed adversaries - the plaintiff's counsel in FTCA cases. Like most statutes, both state and federal, the text of this Act is encompassed within a few paragraphs. Then there follows a welter of interpretations, exceptions, and constructions. However, I shall attempt to hit the high spots and see if we can't come at least to a general understanding of what it's about and what it …