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- Intoxication (8)
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Articles 1 - 30 of 74
Full-Text Articles in Law
Book Review, Walter G. Whitlatch
Book Review, Walter G. Whitlatch
Cleveland State Law Review
Reviewing Sol Rubin, Crime and Juvenile Delinquency, Oceana Inc., 1961, 2d ed.
Alcoholism As A Medicolegal Problem, John M. Macdonald
Alcoholism As A Medicolegal Problem, John M. Macdonald
Cleveland State Law Review
Medico-legal aspects of alcoholism include determination ofcriminal responsibility, medical evaluation of drunken drivers, interpretation of chemical tests of intoxication and the involuntary commitment of alcoholics to mental hospitals. The policymaking functions of attorneys, both in public positions such as membership in the legislature, and in private practice demand knowledge of the origins, course and social consequences of the disease.
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Cleveland State Law Review
Mental illness is principally a medical problem, but there are basic legal considerations to be observed, and these considerations should not be impatiently brushed aside as "mere technicalities" of legal procedure. On the other hand, legal provisions relating to hospitalization of mental patients should be viewed by legislators, lawyers, and judicial officials as mechanism for prompt and effective care and treatment, for safeguarding civil rights, and for protecting the community. All these aspects are important and undue concern for one aspect should not work to the detriment of the others. Moreover, in actual practice, no legal provision should defeat the …
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Albert Averbach and Melvin Belli, eds., Tort and Medical Yearbook, Vol. I, Bobbs-Merrill, 1961
Psychological Assessment Of Brain Damage, Bill J. Barkley
Psychological Assessment Of Brain Damage, Bill J. Barkley
Cleveland State Law Review
We need more emphasis upon courses in Forensic Psychology in our law schools as well as in our graduate departments of psychology. The average clinical psychologist shies away from involving himself in cases that might eventually lead to testifying. The psychologist is not trained to answer with a "Yes" or a "No" and therefore is not accustomed to this procedure in the court room. In my estimation it is time that the clinical psychologist is helped to grow up legally, by having a better understanding of forensics, and it is time the legal profession is helped to grow up by …
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Habitual Drunkenness Affecting Family Relations, James J. Mcgarry
Cleveland State Law Review
Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Corporate Employee Tax Status For The Professional Man, Carmen A. Stavole
Cleveland State Law Review
Professional associations (i.e., corporations) have been specifically authorized by several state legislatures recently, contrary to the old rule that practice of a learned profession by a corporation is forbidden. Among these states are Connecticut, Illinois, Ohio, Oklahoma, Pennsylvania and Wisconsin. The purpose is to make available to professional men the tax advantages of corporate employee status.
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
Church Liability For Negligence, Valentine A. Toth
Church Liability For Negligence, Valentine A. Toth
Cleveland State Law Review
The basic and pertinent problems of church immunity should be categorized and surveyed in order to show the lack of justification for this privileged position. These problems may be divided into four categories: (1) the modern church as a charity; (2) constitutionality; (3) legality; (4) the social necessity of church immunity. These classifications can shed proper light upon the present status and the future developments of this doctrine.
Part-Time And First-Rate Legal Education: Some Random Observations, Stanley E. Harper Jr.
Part-Time And First-Rate Legal Education: Some Random Observations, Stanley E. Harper Jr.
Cleveland State Law Review
This article goes through a comparison of a full-time versus a part-time law school experience. Further, the article examines the quality of student or the planning of a curriculum and surveys the statistical significance of part-time legal education from 1947 to 1962.
Book Review, Marc D. Gleisser
Book Review, Marc D. Gleisser
Cleveland State Law Review
Reviewing Henry B. Rothblatt, Successful Techniques in the Trial of Criminal Cases, Prentice-Hall, Inc., 1961
Recent Heart Injury Awards, James A. Thomas
Recent Heart Injury Awards, James A. Thomas
Cleveland State Law Review
This survey presents a collection of reported damage awards since the year 1950 for heart injury not resulting in death. Assuming proof of injury and liability, the statement of the case is limited to the amount of damages and elements of the injury relied upon to justify the court's decision. The survey is preceded by a brief treatment of recent trends in appellate court reviews of heart injury damage awards and a short summary of pre-existing heart condition problems.
Ohio's Workmen's Compensation Law, Thomas P. Mcintyre
Ohio's Workmen's Compensation Law, Thomas P. Mcintyre
Cleveland State Law Review
In 1911, workmen's compensation originated in Ohio and it was called the "Employer's Liability Act" with the employers contributing 90% and the employees contributing 10%. The purpose of the act was to provide compensation for loss resulting from disability or death of a workman from industrial accidents or disease without regard to negligence and fault.
Autopsy Evidence, Garcon Weiss
Autopsy Evidence, Garcon Weiss
Cleveland State Law Review
Frequently death results in legal problems, either civil or criminal, the solutions of which depend on the cause of death. The autopsy (necropsy), or post-mortem examination, is the scientific method of determining the cause of death. An autopsy is the careful inspection of the external and internal structures of the body. There are two types of autopsy, the medical autopsy and the medico-legal autopsy. This article is limited to the use of the autopsy for medico-legal purposes, i.e., for obtaining and submitting evidence.
Mandamus For Zoning Appeals, James Jay Brown
Mandamus For Zoning Appeals, James Jay Brown
Cleveland State Law Review
With the passage of chapter 2506 of the Ohio Revised Code, the legal profession in Ohio has been confused as to whether the writ of mandamus is the most effective tool for challenging and reversing a rejection for a building permit by a municipal zoning officer or board. Doubts as to its use have become solidified because of the negative results obtained in several cases which relied upon this writ. In an attempt to comprehend the future use of mandamus for zoning appeals, an analysis will be made of its past use in relation to its effectiveness under Chapter 2506 …
The Case For Marriage By Proxy, Marvin M. Moore
The Case For Marriage By Proxy, Marvin M. Moore
Cleveland State Law Review
Though only a minority of American jurisdictions sanction marriage by proxy, considerations of logic and public policy indicate that many more should do so. These include those common law marriage jurisdictions which do not require cohabitation and those non-common law marriage states which have no statutes clearly requiring both parties personally to apply for the license or personally to attend the ceremony. It is hoped that this situation will be remedied. When a state assumes the authority to prescribe the sole conditions under which its inhabitants may enter into so basic a relation as that of marriage, it incurs the …
Recent Issues In Legal Education, David F. Cavers, Walter Gellhorn, John G. Hervey, Richard C. Maxwell
Recent Issues In Legal Education, David F. Cavers, Walter Gellhorn, John G. Hervey, Richard C. Maxwell
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 …
Stock Options For Directors In Small Corporations, Robert H. Moore Jr.
Stock Options For Directors In Small Corporations, Robert H. Moore Jr.
Cleveland State Law Review
The treatment stock options have received since the enactment of Section 421 of the 1954 Code has come under much criticism. Section 421 of the Code authorizes the so-called "restricted"stock options. It is not the purpose of this paper, however, to enter the controversy about restricted stock options but to consider the so-called "non-restricted" and to suggest revisions in the law that appear merited with respect to them.
Experimental Evidence, Donald L. Guarnieri
Experimental Evidence, Donald L. Guarnieri
Cleveland State Law Review
The purpose of this article is to explain the concepts basic to the admissibility of experimental evidence in civil jury cases. The article will examine the prerequisites to the admissibility of experimental evidence, will give illustrations of various experiments, and will comment on the trend of court decisions since the latter part of the nineteenth century. The article deals primarily with experiments conducted outside of the court room as opposed to experiments conducted in the courtroom in the presence of a jury.
Legal Safety Standards For Detergents, Marvin D. Silver
Legal Safety Standards For Detergents, Marvin D. Silver
Cleveland State Law Review
In the recent case of Brooks v. Temple Sinai, the Court of Appeals of New York affirmed an award of the Workmen's Compensation Board in favor of the claimant, holding that "the evidence sustained a finding of causal relationship between the splashing of detergent in the claimant's eye and the subsequent loss of sight in such eye, notwithstanding a prior history of eye trouble." Two judges protested vigorously on the grounds of overwhelming testimony against causal relationship and questioned the granting of the award on the bare legal sufficiency of other medical opinion. The decision of the Brooks court seems …
Physiology Of The Heart, Frederick F. Waugh
Physiology Of The Heart, Frederick F. Waugh
Cleveland State Law Review
The heart has been subject of much literature, ranging from rudimentary studies found in elementary biology texts, to obtuse technical theses of specific aspects of the many functions and disorders of this organ. Due to the magnitude of the subject, this article will be restricted to a very perfunctory treatment of the subject, which concerns the function of the heart and the various disorders affecting it.
Government Recognition And Acquisition Of Patent Rights, Charles W. Small
Government Recognition And Acquisition Of Patent Rights, Charles W. Small
Cleveland State Law Review
The status and value of patent rights owned by private enterprise may be materially affected by the procurement policies and practices of the Federal Government. The most publicized and controversial policies are found in the rules and regulations of the Department of Defense, the Atomic Energy Commission and the National Aeronautics and Space Administration. It is the purpose of this article to delineate the major differences being promulgated by these three governmental agencies.
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Defense Of An Intoxicated Motorist, Carl H. Miller
Defense Of An Intoxicated Motorist, Carl H. Miller
Cleveland State Law Review
This examination into the various aspects of defending an intoxicated driver is by no means complete. Its purpose is to indicate the problem areas in which the most care must be taken in order to insure the constitutional rights of the client.The great majority of individuals charged with operating a motor vehicle while under the influence of an intoxicating liquor are convicted, and in most cases, rightly so. It is that small percentage of individuals wrongfully charged, or if rightfully charged, wrongfully convicted, that concerns the writer.
Parole Revocation In Ohio, Robert L. Tuma
Parole Revocation In Ohio, Robert L. Tuma
Cleveland State Law Review
Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Robert Klonsky, Legal Essays of the Plaintiff's Advocate, Central Book Company, 1961
European View Of Heart Attack Compensation, Pieter J. Hoets
European View Of Heart Attack Compensation, Pieter J. Hoets
Cleveland State Law Review
This article gives a comparison of different European views on heart attack compensation. The author choose to analyze the views of Germany, The Netherlands, and France.
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Cleveland State Law Review
Some of the most perplexing problems facing the attorney defending a child charged with a delinquency have their inception in misunderstandings, lack of uniformity and loose application of evidential rules. In order to serve the best interests of the children who are before it, and to obtain necessary facts with which to formulate a rehabilitation plan, the courts have a tendency to waive strict adherence to evidence rules. The methodical attorney wonders how the court can serve the best interests of the child and yet seemingly not afford to the child the equal protection of its laws of evidence.
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 …
X-Ray Malpractice, Lucien B. Karlovec
X-Ray Malpractice, Lucien B. Karlovec
Cleveland State Law Review
Doctors today are subjected to many malpractice suits involving non-surgical injuries. Common among these nonsurgical injuries are x-ray injuries. Most of the injuries produced by x-rays have been excessive skin reactions, i.e., burns, occurring during either diagnostic or therapeutic procedures. The improper use of x-rays can produce damage other than skin burns, i.e., fibrosis (in effect, shrinkage) of internal organs, sterility or prenatal injuries.