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Articles 1 - 30 of 62
Full-Text Articles in Law
Poisoning By Common Household Products, Robert D. Mercer
Poisoning By Common Household Products, Robert D. Mercer
Cleveland State Law Review
The danger of poisoning, especially of children, is widespread. In Greater Cleveland, Ohio alone, during 1957 (excluding deaths from automobile accidents) 43 children were accidentally killed. Eleven of those deaths were due to poisoning; all of the children being in the age group from one year to six years. In a recent six-month period the Poison Information Center of The Academy of Medicine of Cleveland received 1,535 calls concerning treatment for accidental poisoning of children. This figure by no means indicates the total number of cases of poisoning that actually occurred. These terrible statistics can be sharply reduced by proper …
Editors' Preamble, Cleveland-Marshall Law Review
Editors' Preamble, Cleveland-Marshall Law Review
Cleveland State Law Review
Current problems in the law applicable to hospitals, and closely collateral matters, are treated in this Symposium--chiefly in the light of recent trends towards abolition of the legal immunity of voluntary hospitals from liability for the torts of their agents. Emphasis has been placed on some problems not often discussed in legal literature.
Nature Of The Problem - What Is Warranty, Lee E. Skeel
Nature Of The Problem - What Is Warranty, Lee E. Skeel
Cleveland State Law Review
The ability of the common law to adopt desirable revisions of established legal principles, and yet to maintain stability, has been the basis of its strength as a world legal system. It certainly is desirable to continue the legal principles of express warranty, as defined by the common law, and to hold liable in tort one who induces a sales transaction to his benefit by direct (and untrue) statements to the buyer as to the quality or desirability of the goods sold. It is sound law and logic to permit an action for damages by virtue of the buyer's reasonable …
Book Review, Melvin M. Roberts
Book Review, Melvin M. Roberts
Cleveland State Law Review
Reviewing Howard L. Oleck, Modern Corporation Law, Vol. 1, Bobbs-Merrill Publishing Company, Inc., 1958
Doctor, Lawyer, And Hosptial Administrator: A New Triangle, Howard L. Oleck
Doctor, Lawyer, And Hosptial Administrator: A New Triangle, Howard L. Oleck
Cleveland State Law Review
Hospitals are deeply invovled in the great majority of medicolegal case problems. Yet surprisingly little attention has been given to the relation of the hospital to doctor lawyer-patient situations as a factor in itself. Most discussions of hospitals and law deal generally with hospital liability for negligence of hospital agents-as though the hospital were a monolithic entity in itself. Lawyers seldom look further into the relation of the doctor to the hospital administration and vice versa; deeming this to be a matter of small concern to them. Doctors, of course, know well the importance of hospital politics and procedures to …
Medical Evidence And Testimony, Robert V. Lamppert
Medical Evidence And Testimony, Robert V. Lamppert
Cleveland State Law Review
It is the purpose of this article to explain the various ways in which medicine becomes involved in the law and to point out the problems and difficulties involved. Since this article is written for both medical doctors and attorneys, the detailed explanations and terminology of each profession will necessarily be kept at a basic level. It is hoped that a forthright demonstration of the basic factors involved, along with an attempt to explain the problems complicating the points of controversy and misunderstanding, will help somewhat in creating a better understanding between the two professions and enable them to better …
Food Additives Law And Practice, Milton Oppenheim
Food Additives Law And Practice, Milton Oppenheim
Cleveland State Law Review
A decision of the United States Supreme Court on Dec. 15, 1958, interpreting the Federal Food Drug & Cosmetic Act, has focused attention on the use of coloring and other materials in foods, drugs and cosmetics. This requires a complex study of the effects of the various food additives, contaminants and chemicals upon the individual, whether intentionally added or accidently produced, in foods, drugs and cosmetics. Evaluation of the tremendous group of food additives can best be approached in the light of the benefits intended by the manufacturer or grower using them.
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.
Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri
Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri
Cleveland State Law Review
Automobile guest statutes, like so many other new things that are a part of our daily life, were first approached with caution akin to apprehension, by both courts and lawyers. They were not quickly assimilated into the law. But today most of the ramifications of these statutes have been explored. Definite rules and standards have begun to take definite shape. The chief tests and criteria enunciated by the Ohio cases are generally valid anywhere.
Viewpoint Of The Consumer, Catherine H. Hotes
Viewpoint Of The Consumer, Catherine H. Hotes
Cleveland State Law Review
When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.
Food And Drug Allergy Causation And Characteristics, Richard R. Evans
Food And Drug Allergy Causation And Characteristics, Richard R. Evans
Cleveland State Law Review
It seems strange indeed that common and useful foods at times can do harm and even threaten life rather than sustain it. This is true of both advertised food products and of common, unadvertised foods. Food allergy may produce a variety of symptoms, including reactions involving the skin, the gastrointestinal tract, and the respiratory system; rarely, even severe constitutional shock-like reactions occur.
Book Review, Dean T. Lemley
Book Review, Dean T. Lemley
Cleveland State Law Review
Reviewing Land (The 1958 Yearbook of Agriculture), United States Government Printing Office, 1958
Shareholder Proxy Fight Expenses, Lawrence D. Stifel
Shareholder Proxy Fight Expenses, Lawrence D. Stifel
Cleveland State Law Review
Participation in the selection of directors of publicly held corporations requires expression through a proxy statement and involves costs of solicitation. Case decisions have firmly established management's right to use the corporate treasury for the proxy costs of a statement of its slate of candidates for directors, the rationale being that management and incumbent directors have a positive duty to inform the shareholders and to encourage voting. Dissident shareholder groups, on the other hand, have normally been required to bear their own proxy expenses. Recent case law has permitted successful insurgent stockholders to gain reimbursement of their proxy expenses from …
Book Review, Irwin N. Perr
Book Review, Irwin N. Perr
Cleveland State Law Review
Reviewing Richard W. Nice, Crime and Insanity, Philosophical Library, 1958
Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart
Medicolegal Aspects Of Alcoholism, Naoma Lee Stewart
Cleveland State Law Review
Since the passage of three centuries has seen the explanation for excessive drinking progress from a vice to a disease, it is pertinent to have a brief study of the recent findings about alcoholism in order to compare these newer medical concepts with some of the legal principles on drunkenness which have been long and firmly established in the law.
Medical Aspects Of Chemical Tests For Intoxication, Philip Jones
Medical Aspects Of Chemical Tests For Intoxication, Philip Jones
Cleveland State Law Review
Three chemical tests are most frequently used. These are the estimation of the alcohol content of the (1) blood, (2) urine, and (3) breath. Each of these shows a reasonably accurate estimation of the degree of intoxication provided certain precautions are observed. Unfortunately, under some circumstances the results of these tests may be misleading and be invalid in evidence. In order to appreciate these limitations it is necessary to understand the physiology of the absorption and excretion of alcohol in the body.
Proximate Cause As A Primary Element Of Fraud, Karl P. Seuthe
Proximate Cause As A Primary Element Of Fraud, Karl P. Seuthe
Cleveland State Law Review
The legal criterion by which fraudulent or predatory motivation is judged is not the "conscience" of the actor. Rather the external manifestations of conscience constitute the test of this motivation. Conduct, rather than subjective thought, is most frequently the standard or test employed by the community. In modern legal systems, conduct is of small significance unless it has some outward consequence which is actually or potentially harmful to the actor or others; fraud is such a consequence.
Execution Against Co-Tenants Of Real Property, Jewel Hammond Mack
Execution Against Co-Tenants Of Real Property, Jewel Hammond Mack
Cleveland State Law Review
Execution on a judgment debt is the last and most important step in a creditor's successful legal efforts. Execution often is the ultimate procedural objective of the litigant, as well as of the attorney who represents him throughout the entire action for the debt.
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 …
Puerto Rico - Tax Haven Or Tax Trap, Marvin I. Kelner, Lloyd J. Fingerhut
Puerto Rico - Tax Haven Or Tax Trap, Marvin I. Kelner, Lloyd J. Fingerhut
Cleveland State Law Review
This article does not encompass the entire subject of foreign taxation but is limited to two specific questions involved therein: 1. Where does a sale take place for purposes of Federal Taxation? 2. If it is determined that the sale takes place partly within and partly without the U. S., how much of the income from such sales is taxable to the U. S.?
Tort Liability Of Hospitals, B. Joan Holdridge
Tort Liability Of Hospitals, B. Joan Holdridge
Cleveland State Law Review
In recent years, hospitals have undergone changes both in their financial and physical structures. These changes have resulted in a general alteration of the attitude of the courts toward the liability of hospitals for their torts. From a position of almost total immunity the pendulum is rapidly swinging toward liability generally for their negligence. Since most jurisdictions classify hospitals into three types: private, charitable, and public, when determining their liability or particular acts, this article will discuss each of these classes separately. However, for the sake of convenience, the general rules of liability will be set forth in the discussion …
Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum
Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum
Cleveland State Law Review
The purpose of this article is to review and analyze cases in which torts have been committed by hospital personnel who may be considered as administrative employees.
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.
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.
Interstate Enforcement Of Arbitration Awards And Judgments, A. M. Stanger
Interstate Enforcement Of Arbitration Awards And Judgments, A. M. Stanger
Cleveland State Law Review
In Arbitration, if completed, results in an award. That award must be enforced. In order to do so, it is necessary to enter judgment with respect thereto. The first problem is the acquisition of personal jurisdiction over the defendant for this purpose, in the event that it has not already been acquired previously in connection with proceedings to compel arbitration. The subject of acquiring jurisdiction will not be dealt with in this note because it does not differ too much from the general problems of acquiring jurisdiction in personam with respect to proceedings to compel jurisdiction. We shall therefore be …
Book Review, Robert L. Lewis
Book Review, Robert L. Lewis
Cleveland State Law Review
Reviewing Howard L. Oleck, Modern Corporation Law, Vol. 2, Management of the Corporation, Bobbs-Merrill Co., Inc., 1959
Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.
Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.
Cleveland State Law Review
This article describes some of the problems of proof encountered in the preparation of a unique product liability case. No single case regarding a defective hand tool was found which presented a standard of conduct by which the plaintiff could claim the defendant was negligent in causing the plaintiff his unfortunate injury-the loss of an eye.
Tort Aspects Of Space Technology, Rathuel L. Mccollum
Tort Aspects Of Space Technology, Rathuel L. Mccollum
Cleveland State Law Review
The purpose of this article is to examine the tort problems connected with space activities.
Negotiation Principles: In Law Or World Affairs, Charles P. Taft
Negotiation Principles: In Law Or World Affairs, Charles P. Taft
Cleveland State Law Review
Negotiation should be part of every law school curriculum-as a required course. Every lawyer soon learns, in active practice, how important it is. There are certain principles of sound negotiation (or "dickering," in colloquial speech) that every lawyer should know-or anyone engaged in any profession, business or enterprise, for that matter. These principles apply almost exactly alike to a negotiation involving a legal action or to one involving national or international frictions-to settlement of a personal injury claim, or a dispute between the United States and Russia.
Parental Delinquency, E. F. Samore
Parental Delinquency, E. F. Samore
Cleveland State Law Review
Juvenile delinquency is a widely discussed subject. Every segment of our society has its experts on the subject, and every expert has a solution. Yet the problems not only increase, but become more and more complex in all strata of our society. The problems have become so commonplace that our society seems to be accepting them as a normal necessary evil about which little can be done. As a prosecutor or as defense counsel, I have never yet met any parents who willingly admitted fault in these problems. They insist that they have been good parents and that the fault …