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Articles 1 - 30 of 69
Full-Text Articles in Law
An Appraisal Of Competency, Henry Davidson
An Appraisal Of Competency, Henry Davidson
Cleveland State Law Review
Competence is the ability to handle business affairs with ordinary prudence. It is a legal not a medical formula, and in a sense, it must be defined negatively. Every one is assumed to be competent. If you think some one is incompetent, you must prove it. He does not have to prove that he is competent. Therefore, the formula is a criterion of incompetency not competency. To declare a person incompetent, these findings must coexist: 1. He has a mental disorder. 2. This causes bad judgment. 3. Because of the bad judgment, the patient either: (a) Squanders his money or …
Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum
Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum
Cleveland State Law Review
Organized research and planned invention by highly trained specialists are now fundamental parts of the American scene. Invention-to-order has become "big business" with all of its ramifications. The purpose of this article is to analyze some of the legal problems associated with inventions and patents that come into being as a result of scientific research.
Resolution Of Conflicting Claims To Intellectual Property, William C. Mccoy Jr.
Resolution Of Conflicting Claims To Intellectual Property, William C. Mccoy Jr.
Cleveland State Law Review
Proceedings for the adjudication of conflicting claims to intellectual property are technical and complicated; so that, when these controversies arise, counsel familiar with the field should be engaged. In the case of patent rights, records of the inventor's activities should be maintained which are complete and which are corroborated. In the case of trademark rights, records of the early use of the trademark should be kept, and representative records of subsequent use should be kept, so that convincing evidence of continuous use of the trademark may be presented. Interference proceedings may take several years and are expensive. During the period …
Engineering Patent Agreements, Donald F. Harrington
Engineering Patent Agreements, Donald F. Harrington
Cleveland State Law Review
An analysis of recent cases indicates that no major changes have taken place in the interpretation of patent law since the earlier decisions. The underlying philosophy of the courts seems to be that an employer has an almost absolute right in the inventions of its employees if it is in the scope of their employment,if they are hired to invent, or if an express assignment agreement for future inventions exists. In most of the other cases outside this area, the great majority of the courts have at least held that the employer was entitled to the shop right. There has …
Book Review, C. Richard Andrews
Book Review, C. Richard Andrews
Cleveland State Law Review
Reviewing C. Herman Pritchett, The American Constitution, McGraw-Hill Book Company, Inc., 1959
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Cleveland State Law Review
In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …
Statutory Protection Of Intellectual Property Rights, Richard G. Smith
Statutory Protection Of Intellectual Property Rights, Richard G. Smith
Cleveland State Law Review
As intellectual property is an intangible, its identification and protection under legal process provides peculiar problems. Presently, intellectual property is protected primarily by statutory provisions, as the methods provided by common law have inherent frailty. For exemplary purposes, this exposition will be concerned solely with the problems arising from the domain of invention and discovery and the application of the provisions of the patent laws.
Journalist's Testimonial Privilege, Ramutis R. Semeta
Journalist's Testimonial Privilege, Ramutis R. Semeta
Cleveland State Law Review
On numerous occasions, newsmen have pleaded for protection against testimonial compulsion as a necessary safeguard for the preservation of the freedom of the press. Due to this constant assertion, one is compelled to take a brief look at the press, before indulging in the specific study of the journalist's testimonial privilege.
Introduction, Jerome F. Kramer, Robert A. Sturges
Introduction, Jerome F. Kramer, Robert A. Sturges
Cleveland State Law Review
No abstract provided.
Book Review, Ford L. Noble
Book Review, Ford L. Noble
Cleveland State Law Review
Reviewing David Fellman, The Limits of Freedom, Rutgers University Press, 1959
Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah
Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah
Cleveland State Law Review
In the annals of the spread of the common law to other lands and other ways, Malaya may deserve a modest place, but, as the selection here no doubt shows, so far it has made no significant contribution to the intellectual content of that law. It has neither produced nor harboured a Cardozo or a Dixon. At best, its judges have applied common law principles simply but soundly; they have never, at least in tort, been subtle or illuminating. Its legal history is of interest for its own sake; its legal achievement awaits us in the future, not in the …
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Cleveland State Law Review
This paper was intended as a contribution to the study of psychiatry, and especially institutional psychiatry, as a form of social control. More specifically, I have sought to present further evidence in support of the thesis that the relationship between the involuntarily hospitalized mental patient and his psychiatrist (s) is commonly antagonistic rather than cooperative in nature. The conception of a "mental illness," as essentially similar to a bodily disease, serves to obscure the many exceedingly significant socio-economic, legal and ethical aspects of forced mental hospitalization.The patient's lawsuit for release, and the psychiatric superintendent's appeal that he be permitted to …
The League Of Ohio Law Schools: Past Failure - Future Success, Stanley E. Harper Jr.
The League Of Ohio Law Schools: Past Failure - Future Success, Stanley E. Harper Jr.
Cleveland State Law Review
In a recent article Dean Stanley Samad stated that the League of Ohio Law Schools "is unique in legal education." In fact the Ohio League is the only formal state-wide association of law schools in the United States. Throughout its twenty-five year history the Ohio League has served on the one hand as a kind of legal education policeman and on the other hand as a liaison agent between the Ohio law schools, the Ohio State Bar Association, the Board of Bar Examiners, and the Supreme Court of Ohio.
Book Review, Rathuel Mccollum
Book Review, Rathuel Mccollum
Cleveland State Law Review
Reviewing International Problems of Financial Protection Against Nuclear Risk, Atomic Industrial Forum, Inc., 1959
Anesthesiology And The Law - In The Long View, Carl E. Wasmuth
Anesthesiology And The Law - In The Long View, Carl E. Wasmuth
Cleveland State Law Review
Anesthesiology is the youngest of the medical specialties. Born of surgical parents, it was nurtured through its infancy by well-meaning and dedicated physicians. Even now this specialty is one of the most litigated fields of medicine, rivaling radiology, surgery, and plastic surgery. This, however, is at best a dubious distinction. Considering the nature of the specialty, one can easily understand the reason. In the hands of the anesthesiologist rests the life of every patient undergoing a surgical operation.
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
Cleveland State Law Review
It is the purpose of this paper to show that the requirements made on psychiatry have not changed in the least since the application of the Durham Rule. It will be shown that now and in the future as before, the demonstration of the development and the dynamics of the mental processes is what the psychiatrist has to offer. Questions of guilt are not in his province. Now as before this latter remains the prerogative and obligation of the finders of fact, not of the experts.
The Clergyman: His Privileges And Liabilities, Valentine A. Toth
The Clergyman: His Privileges And Liabilities, Valentine A. Toth
Cleveland State Law Review
The doctrine of separation of church and state does not exclude the civil courts from jurisdiction over many church related questions. Constitutional guarantees of freedom of religion may not be allowed to lead to anarchy by allowing the church to be independent of state surveillance. On the other hand, the law does not claim that the church purchased its independence at the price of not criticizing the state when morality, ethical government or responsible citizenship are at stake. While this discussion is couched chiefly in terms of Protestant churches and clergymen, it is equally applicable to Roman Catholic, Jewish, and …
Foundations Used As Business Devices, Howard L. Oleck
Foundations Used As Business Devices, Howard L. Oleck
Cleveland State Law Review
The problem of abuse of the foundation device in fact contains a socio-legal issue more important than the mere question of whether a particular instrument is valid or invalid. It poses a question that may well affect the future history of this nation. In effect the issue is this :Does this nation, or does it not, desire or permit an hereditary aristocracy of wealth based on amoral manipulation of forms and legal rituals, while the government turns a blind eye to it? Our immediate problem here is the epidemic of misuse of the "charitable foundation" as a device to perpetuate …
Standards Of Care In Dentistry, Jerome A. Streem
Standards Of Care In Dentistry, Jerome A. Streem
Cleveland State Law Review
This article will discuss briefly each of the three sources of liability for which a dentist might commonly be subject to a malpractice suit: negligence, assault and battery, and breach of contract.
California's Program For The Sexual Psychopath, Reginald S. Rood
California's Program For The Sexual Psychopath, Reginald S. Rood
Cleveland State Law Review
The basis for California's sexual psychopath program is the legal provision which establishes a state hospital as an alternative to prison for certain nonpsychotic, convicted offenders, legally defined as sexual psychopaths. The designated institution is the Atascadero State Hospital, a new facility opened in June, 1954. Its 1250 all male patient population is about sixty percent sexual psychopaths and forty percent criminal insane. This preponderance of non-psychotic patients is unique for a state hospital for the mentally ill, where, as a rule, about ninety percent of the patients are psychotic. My purpose is to discuss our program and procedures for …
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
Cleveland State Law Review
The problem of suicide is a prominent public health problem in this country. Physicians and hospitals have an obvious concern, as do the law courts, where actions for wrongful death and negligence may involve suicide as a result of a tortious act. This paper will restrict comment to the principles and application of present law as to the responsibility of the psychiatric hospital and the psychiatrist and a discussion of some of the applicable psychiatric factors.
Food Additives: Legal Recognition Of A Scientific Problem, Robert E. S. Post
Food Additives: Legal Recognition Of A Scientific Problem, Robert E. S. Post
Cleveland State Law Review
Food additives could create one of the nicest legal problems that courts have ever had to face. We are not concerned with theories of negligence, warranty, privity, or statutory interpretation as it applies to any of these three concepts. The real problem is twofold: establishment of harm arising from the presence of an additive or additives; and establishment of a judicial policy to contemplate the fact that, if and when such harm does befall someone, it will happen in spite of the utmost good faith on the part of the manufacturer, and in the face of legislative and administrative authorization …
Book Review, Theodore Samore
Book Review, Theodore Samore
Cleveland State Law Review
Reviewing F.S.C. Northrop, The Complexity of Legal and Ethical Experience; Studies in the Method of Normative Subjects, Little, Brown & Co., 1959
Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae
Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae
Cleveland State Law Review
Normal procedure in attempting sale of a valuable idea is for the claimant to offer his idea for sale to the recipient who usually will refuse to buy it until disclosure. Then, after disclosure, the recipient may or may not promise to pay for the idea if he uses it. In either case, the recipient may use the idea later, perhaps in a modified form, and refuse to compensate the claimant.
Civil Liberties And The Mentally Ill, Thomas S. Szasz
Civil Liberties And The Mentally Ill, Thomas S. Szasz
Cleveland State Law Review
Here are two basic ways in which a person may assume the social role of "mental patient." First, it may be assumed voluntarily, meaning that the role is self-defined. Second, it may be foisted upon a person against his will. This means that a person may be defined as "mentally ill" by someone other than himself. This definition, then, if properly implemented, may become generally accepted or socially verified. I shall limit myself here to calling attention to certain ethical and legal aspects of the psychiatrist's involvement with the second class of "mentally ill" patients.
Protection Of Patents And Trademarks Abroad, Norman St. Landau
Protection Of Patents And Trademarks Abroad, Norman St. Landau
Cleveland State Law Review
This article is intended to point out succinctly some of the problems that the United States practitioner not versed in foreign practice may have to consider. Specific laws and specific manuals involving practice in various countries abroad, as well as many articles, have been presented frequently by others. There are, however, a number of points in connection with protection of industrial property abroad which cannot be overemphasized, but which we try to outline briefly.
Discovery Of Medical Records, Margaret Mazza
Discovery Of Medical Records, Margaret Mazza
Cleveland State Law Review
Medical evidence is employed by plaintiffs chiefly to prove the causation and extent of personal injury damages, while defendants try to prove the slightness or lack of causal connection in such claims. Many types of medical reports are kept which may be used to substantiate the allegations of either party in personal injury actions. Of primary importance are the reports of physicians and hospitals, and reports upon the voluntary or compulsory examination of the plaintiff.
Birth Control Legislation, Jack H. Hudson
Birth Control Legislation, Jack H. Hudson
Cleveland State Law Review
In summary, it would seem that sociologists have given the birth control problem a new dimension. What was once a subject fit only for the Victorian drawing rooms of intellectuals is now being given a public hearing, with all of its political, moral,and economic aspects being aired. It would be interesting to note, however, how many of the people who are being apprised of the problems of expanding birth rates and decreasing death rates are aware of the archaic legislation that governs the use of birth control devices in our own country. For example, do advocates of a policy of …
Needed-Uniform Utility Rate Laws, Robert E. Loew
Needed-Uniform Utility Rate Laws, Robert E. Loew
Cleveland State Law Review
This study consists of an analysis of the statutory standards, court decisions, and utility commission decisions used in fixing telephone or other utility rates, where the same are used regardless of the nature of the utility, in each of fifty-one jurisdictions in the United States.
Forensic Psychiatry In Switzerland, Anton Harder
Forensic Psychiatry In Switzerland, Anton Harder
Cleveland State Law Review
Forensic Psychiatry, like political, legal, esthetic, and oftentimes, religious practices, is part of the selfrealizationof a nation. In this way, different countries arrived at different and varying solutions to social problems. Although Switzerland is a small state (5.27 million people per 41,300 square kilometers) in the heart of Europe, she, nevertheless has succeeded in going her own way in Forensic Psychiatry.