Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (18)
- Medical Jurisprudence (11)
- Business Organizations Law (4)
- Criminal Law (4)
- Legal Education (4)
-
- Civil Procedure (3)
- Juvenile Law (3)
- Litigation (3)
- Securities Law (3)
- Transportation Law (3)
- Antitrust and Trade Regulation (2)
- Evidence (2)
- Insurance Law (2)
- Labor and Employment Law (2)
- Legal Profession (2)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Courts (1)
- Criminal Procedure (1)
- European Law (1)
- Family Law (1)
- International Law (1)
- International Trade Law (1)
- Jurisdiction (1)
- Law and Society (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Remedies (1)
- Privacy Law (1)
- Keyword
-
- Contributory negligence (7)
- Assumption of risk (2)
- Causation (2)
- Compromise (2)
- Negligence (2)
-
- Statute of limitations (2)
- Trauma (2)
- Traumatic neurosis (2)
- Abandonment (1)
- Abnormal use (1)
- Abortion (1)
- Acccretion doctrine (1)
- Act of God (1)
- Adjunct (1)
- Agency (1)
- Aircraft crashes (1)
- Alter-ego (1)
- Anatomical charts (1)
- Antitrust laws (1)
- Apportionment of damages (1)
- Arbitration (1)
- Attorney-client privilege (1)
- Bachelor of laws (1)
- Bias (1)
- Blau case (1)
- Blau v. Lehman (1)
- Breach of fiducuary obligation (1)
- Breach of warranty (1)
- Broker liability (1)
- Business capacity (1)
Articles 1 - 30 of 54
Full-Text Articles in Law
Whiplash Internal Carotid Artery Occlusion And Hemiplegia, Harry A. Gair
Whiplash Internal Carotid Artery Occlusion And Hemiplegia, Harry A. Gair
Cleveland State Law Review
When an apparently normal healthy individual, engaged in a business, trade or profession, within a week following an automobile collision in which his neck experienced the hypermotility and torsional force known as "whiplash," suffers a "stroke" and is left permanently hemiplegic, it would be naive to suppose that those affected by such an affliction would meekly ascribe it all to pure coincidence, and not concentrate their fullest attention on the possible connection between the two events.
Legal Action To Stop Our Population Explosion, Marvin M. Moore
Legal Action To Stop Our Population Explosion, Marvin M. Moore
Cleveland State Law Review
Most Americans are aware of the fact that overpopulation constitutes a major threat to the welfare of humanity. What is less generally known, however, is that the population explosion is not confined to the underdeveloped countries of Asia and Latin America. The purposes of this article are to demonstrate that our own nation is rapidly becoming overpopulated, and to suggest a program for combating this phenomenon.
Semantics Of Traumatic Causation, Richard M. Markus
Semantics Of Traumatic Causation, Richard M. Markus
Cleveland State Law Review
Sometime before the trial of every personal injury case, each lawyer involved must make sure that the physicians whom he will call to testify understand the legal meaning of certain medical words. Counsel have not sufficiently prepared their case from a medical viewpoint, when they have ascertained the trauma sustained and its medical consequences. The lawyer must also educate the doctor about legal technicalities which will control the significance of the doctor's testimony. Among the most important formal requirements on the physician's testimony are those which relate to the language of causation. This article will discuss the views of various …
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Joseph and David Sindell, Let's Talk Settlement, Matthew Bender and Co., 1963
Suicide Under Workmen's Compensation Laws, Thomas J. Scanlon
Suicide Under Workmen's Compensation Laws, Thomas J. Scanlon
Cleveland State Law Review
No jurisdiction allows a death claim for suicide according to the strict definition of the term. When death benefits are paid to a decedent's dependents for death produced by his own hand, the term "self-destruction" rather than suicide is applicable. To allow recovery, all jurisdictions require that the decedent be subject to some mental derangement at the time of the commission of the act. It is the degree of derangement required, the manifestation of it, and the causal relationship of it to the compensable injury which create problems.
Book Review, David S. Lake
Book Review, David S. Lake
Cleveland State Law Review
Reviewing Encyclopedia of Negligence, Central Book Company, 1962
Jurisdiction In International Application Of United States Antitrust Laws, Hiroshi Fukuda
Jurisdiction In International Application Of United States Antitrust Laws, Hiroshi Fukuda
Cleveland State Law Review
However, the trend to apply United States antitrust laws to international trade agreements has given rise to another important question, namely the jurisdictional problem of antitrust laws. Many people, both in this country and abroad, criticized this trend as an abuse of power and invasion of foreign sovereignty. The objective of this paper is, therefore, to analyze the underlying theories of jurisdiction with respect to antitrust laws and to discover the existing jurisdictional limitations imposed by the courts on themselves.
Ocular Effects Of Whiplash, James Jay Brown
Ocular Effects Of Whiplash, James Jay Brown
Cleveland State Law Review
The purpose of this article is to show how one may establish a cause of action for eye damages caused by whiplash trauma by presenting current medical literature which proves a cause and effect relation. Considering the vast complexity of the ocular mechanism, and its connection with the cervical spine region, a neuro-muscular-skeletal explanation of these areas will precede the medical documentation. Court decisions supporting petitions for this type of eye damage are unavailable. However, in order to show that whiplash trauma has, in the past, included some ocular disturbances, a few cases will follow the documentation in support of …
Recent Traumatic Disease Claims, Henry B. Fischer
Recent Traumatic Disease Claims, Henry B. Fischer
Cleveland State Law Review
Claimants over the years have alleged a causal relation between trauma and almost every conceivable disease. Medicolegal literature abounds with articles concerning the relation between trauma and the more commonly occurring diseases, such as cancer, diabetes, arthritis, bursitis, heart disease, multiple sclerosis, and epilepsy. Numerous books wholly devoted to the relation of trauma and disease, have been written.This article is primarily concerned with cases wherein an allegation is made that a single trauma caused a disease.
Insurer's Failure To Settle, John L. Heaslip
Insurer's Failure To Settle, John L. Heaslip
Cleveland State Law Review
When one purchases a liability insurance policy he is contracting with the insurer for the insurer to stand in his place and to pay all liability claims brought against the insured for which the insured is legally liable. In essence, the risk of financial loss is transferred from the shoulders of the insured to those of the insurer, to the extent of the policy limits. The rights and duties of the parties created by a typical automobile liability policy are clearly stated in the policy.
Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach
Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach
Cleveland State Law Review
It is amazing how little attention is paid by the trial lawyer to the enormous impact of traumatic injuries upon the human body. Generally, the trial lawyer is content with a woefully inadequate knowledge about the body, and the meaning of but a few medical terms. It is the purpose of this article to arouse the interest of those previously immune to the suggestions of the importance of a fuller knowledge of this subject and to point the way toward those wonderful repositories of information that should beknown by all. [Appended to these remarks is a bibliography of recommended books, …
Book Review, John J. Hudson
Book Review, John J. Hudson
Cleveland State Law Review
Reviewing Harold A. Liebenson and Leo F. Miller, Witness Series, 4 volumes, Callaghan and Company, 1961-2
Trial Calendar Preference, Frank G. Homan
Trial Calendar Preference, Frank G. Homan
Cleveland State Law Review
Today's crowded court dockets and delays often prevent cases from being reached until years after the action is filed. However, under some circumstances it may be possible to obtain a trial more quickly by a motion for preference on the tria lcalendar One of the best ways to secure a prompt hearing is in those jurisdictions which maintain a short cause calendar. If it appears that a trial will occupy only a short time, such as one or two hours, it can be placed on the short cause calendar, and it will be heard more speedily than if it were …
Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr
Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr
Cleveland State Law Review
The word "versus" in the title presents what we think is one of the most important problems of plaintiff trial lawyers today. After years of preparation, we submit our case to a jury; our medical witnesses offer testimony based on long time observation, treatment and evaluation. Then, in walks the defendant's doctor and proceeds to plunge a dagger into our case by calling our client either a malingerer or a neurotic, or just a plain liar. He testifies that he saw none of the objective signs that our medical examiners found, and concludes that all of the subjective complaints are …
Parent-Child Tort Actions, Richard W. Dunn
Parent-Child Tort Actions, Richard W. Dunn
Cleveland State Law Review
The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Cleveland State Law Review
What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …
Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz
Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz
Cleveland State Law Review
The industrial revolution and technological development have brought concomitant legal problems unheard of at the common law. Fundamental principles of law evolved to incorporate the changes necessary to rule over a new way of life. Some of the problems of industrialization have been solved, others are in a state of flux, while myriad others are as yet unknown. This article concerns itself with one of the incidents of complex industrial progress-insidious disease, as viewed in the light (or dark) of the statute of limitations.
Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman
Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman
Cleveland State Law Review
The purpose of this article is to examine possible causes of actions sounding in contract available in cases of death or personal injuries arising out of aircraft crashes. The ability of the plaintiff to sustain an action in contract may have a decisive effect on the outcome of the litigation in any one of the following respects: First, as a general rule the law of the place of the accident governs tort actions, while the law of the place of contracting governs contract actions and for one of several reasons it may be advantageous to the plaintiff to avoid the …
Hudson Fair Trade Case - The Need For Constitutional Amendment, Richard W. Pogue
Hudson Fair Trade Case - The Need For Constitutional Amendment, Richard W. Pogue
Cleveland State Law Review
The Hudson case has dual significance. First, it is important in its holding of a relatively new concept in fair trade legislation-the "notice" or "implied contract" doctrine under which resellers are deemed to have entered into a legislatively defined contract by accepting goods with notice of the fair trade price limitations. This concept, previously upheld in Virginia, finds its counterpart in the current Quality Stabilization Bills pending in Congress which would include provision for a federal right to enforce resale price maintenance against resellers of branded commodities who are given prior notice of price restrictions. A second respect in which …
M'Naghten V. Durham, Lee E. Skeel
M'Naghten V. Durham, Lee E. Skeel
Cleveland State Law Review
The mental competence of a defendant charged with crime is assumed in most jurisdictions, and the defense of insanity,whereby the defendant's act is claimed not to have been knowingly and purposefully done because of lack of mental capacity,as indicated is an affirmative defense. (In some jurisdictions,where insanity is suggested, the burden of proving mental competence is placed on the State). The issue, no matter on whom the burden of proof is placed, is what state of mental incapacity must be found by the trier of the facts in order to relieve the defendant from the imposition of the penalties under …
The Runaway Shop, Michael Frenkel
The Runaway Shop, Michael Frenkel
Cleveland State Law Review
One of the most difficult problems in labor law is that of plant removal, better known as the "runaway shop." Here the applicable law is changing and uncertain, yet the advisor must be prepared to answer vital questions. Certainly, one of the most drastic economic weapons in managements' arsenal in battles with labor unions is the runaway shop. This is the device whereby an employer either prevents unionization, or escapes bargaining with an established union, by ceasing operations at his original location and relocating in another, usually distant community. The purpose of this article is to outline the matters which …
One-Man Corporate Entity In Torts, James A. Thomas
One-Man Corporate Entity In Torts, James A. Thomas
Cleveland State Law Review
This article is confined to a summary of the liability of a sole shareowner for the torts of his employees or of himself in the execution of the corporate business.
Book Review, W. Paul Gormley
Book Review, W. Paul Gormley
Cleveland State Law Review
Reviewing Ruth C. Lawson, International Regional Organizations: Constitutional Foundations, Praeger & Co., 1962
Contibutory Negligence In Medical Malpractice, W. David Alderson
Contibutory Negligence In Medical Malpractice, W. David Alderson
Cleveland State Law Review
Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …
Stock Broker's Liability Under Customs, Usages, And Rules, Robert H. Jackson
Stock Broker's Liability Under Customs, Usages, And Rules, Robert H. Jackson
Cleveland State Law Review
Within the framework of this article, it is proposed to consider, in summary form, the doctrines of custom, usage, and rules frequently violated by stockbrokers.
Uninsured Motorist Coverage, Henry A. Hentemann
Uninsured Motorist Coverage, Henry A. Hentemann
Cleveland State Law Review
This article is concerned with the insurance contract that provides this unique coverage and the legal problems that surround some of its major provisions. Many of these, however, are not yet fully resolved. This is due to the relatively early stage of its development and to the fact that existing decisions are too few and too fragmentary to permit a statement of controlling rules or principless Nevertheless, the problems will be posed and the principles of law and the cases will be explored. The article will concern itself with the right of subrogation, the arbitration clause and the applicable statute …
Literary Nature Of The Law, James K. Weeks
Literary Nature Of The Law, James K. Weeks
Cleveland State Law Review
There is a dichotomy in the problem of sufficient interest in and of realization of the sheer importance of the literary aspects of law, beyond mere acceptance of the idea that a lawyer must be capable of a high degree of communication, which capacity requires a certain adroitness in composition and presentation, whether written or oral. The neglected ingredient of that adroitness is the appreciation of all forms of literature as a basic tool. Literature then can be used first by the practitioner to polish and enhance his already existing skills as a lawyer, and, secondly, the importance of literature …
Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig
Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig
Cleveland State Law Review
The general rule in the United States today is that an unforeseen heart attack which leads to loss of consciousness, or to inability to maintain control of a motor vehicle, is not negligence. When an operator of an automobile is suddenly stricken by a heart attack, and as a consequence there is an injury to a person or damage to property, a defense based upon the fact of a heart attack will preclude recovery by an injured plaintiff.
Unfair Competition In Use Of Corporate Names, John P. Diamond
Unfair Competition In Use Of Corporate Names, John P. Diamond
Cleveland State Law Review
It is well settled that the law will give equitable protection to the prior appropriator of a corporate name against a subsequent unauthorized use by a junior corporation. In most states statutory recognition is given to the property right which a corporation acquires in its own name, usually in the form of a prohibition against another corporation choosing a name the same as or deceptively similar to that of the prior incorporator. Although it has been suggested by one author that the courts should give broader effect to the statutes, nevertheless the great majority of the cases are decided under …
Liability Of Parent Corporation For Tort Of Subsidiary, Richard H. Burgess
Liability Of Parent Corporation For Tort Of Subsidiary, Richard H. Burgess
Cleveland State Law Review
Much has been written about liability of parent corporations for acts of their subsidiaries, but much of the material principally concludes that there is no clear law on the subject. The present article is an attempt to illustrate several of the more recent cases defining various lower common denominators useful in analysing corporate entity problems related to parent and subsidiary corporations.