Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Medical Jurisprudence (13)
- Torts (10)
- Legal Profession (8)
- Business Organizations Law (6)
- Evidence (5)
-
- Legal Ethics and Professional Responsibility (4)
- State and Local Government Law (4)
- Estates and Trusts (3)
- Insurance Law (3)
- Law and Psychology (3)
- Taxation-Federal (3)
- Criminal Law (2)
- Legal History (2)
- Admiralty (1)
- Antitrust and Trade Regulation (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Family Law (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- Intellectual Property Law (1)
- Judges (1)
- Jurisprudence (1)
- Law Enforcement and Corrections (1)
- Securities Law (1)
- Taxation-Federal Estate and Gift (1)
- Transportation Law (1)
- Workers' Compensation Law (1)
- Keyword
-
- Expert testimony (2)
- Medical malpractice (2)
- Non-profit corporations (2)
- Physicians (2)
- Public policy (2)
-
- Accidental injury (1)
- Action to construe a will (1)
- Adjuster (1)
- Animistic stage (1)
- Annulment for fraud (1)
- Anti-social activities (1)
- Arrest (1)
- Attorney advice (1)
- Attorney fees (1)
- Attorney general (1)
- Attorney liability (1)
- Attorney-client privilige (1)
- Automobilies (1)
- Breach of warranty (1)
- Burial right (1)
- Cadaver organs (1)
- Canon 22 (1)
- Canon 37 (1)
- Canons of ethics (1)
- Cardiovascular injuries (1)
- Causation (1)
- Charitable function (1)
- Charitable solicitations (1)
- Charitable trust (1)
- Charitable trusts (1)
Articles 1 - 30 of 50
Full-Text Articles in Law
Trade Secret Piracy, Martin A. Levitin
Trade Secret Piracy, Martin A. Levitin
Cleveland State Law Review
In their handling of trade secret cases, courts should take care that they do not make the discoveries of corporate research unprotectable and of insufficient value to warrant further private research expenditure. On the other hand, they must take care not to bar engineers and scientists from changing jobs, as a punishment for their own productivities and abilities-a modern form of intellectual involuntary servitude.
Law And Childhood Psychological Experience, C. G. Schoenfeld
Law And Childhood Psychological Experience, C. G. Schoenfeld
Cleveland State Law Review
In an effort to help lawyers identify (and possibly change) that which in the law may reflect unduly the influence of early childhood, this paper will detail certain psychoanalytic discoveries concerning the first few years of childhood and will try to suggest wherein traces of these early years may have played a part in helping to mold the law.
Relationships Of The Medical Examiner, Cyril H. Wecht
Relationships Of The Medical Examiner, Cyril H. Wecht
Cleveland State Law Review
Having set forth these relatively simple definitions, I should like to make a rather bold statement that perhaps will find disagreement among some attorneys and physicians. With all due respect to the many skilled and competent men who are active in various aspects of legal medicine and medical jurisprudence, I would suggest that no one field is so intrinsically and unqualifiedly bound up in the practice of legal medicine as is the work of the medical examiner. Again reverting to definitions, the medical examiner is one who deals on a full-time professional basis with cases that in almost all instances …
Nature Of The Problem Of Police Brutality, Robert J. Bowers
Nature Of The Problem Of Police Brutality, Robert J. Bowers
Cleveland State Law Review
To properly appraise the oft-bruited problem of police brutality, one should first consider how investigatory duties came to devolve upon the police in the United States.
Due Care By Physicians In Use Of New Drugs, Edward T. Haggins
Due Care By Physicians In Use Of New Drugs, Edward T. Haggins
Cleveland State Law Review
How careful must a physician be in using new drugs on his patients? Before discussing these questions, we must look at three problems: (1) What role does the physician play in the new drug picture? (2) What are some of the new drugs and their side effects, and (3) What steps must a new drug go through before it is placed on the market for public consumption?
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Cleveland State Law Review
There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Cleveland State Law Review
This note concerns the issues which the courts, both state and federal, have considered in proffering the cloak of immunity to minor public officers, and the current trends toward the extension, narrowing or maintenance of the doctrine of immunity.
Statutory Regulation Of Hypnosis, James T. Brennan
Statutory Regulation Of Hypnosis, James T. Brennan
Cleveland State Law Review
Hypnotism and state hypnotists caused quite a stir in the first quarter of the Twentieth Century. Several of the existing statutes on hypnotism were passed at that time. Then, for about a quarter of a century, hypnotism was legislatively forgotten. Recently, pressure groups in the form of hypnotic, psychological, psychiatric and medical societies have been lobbying for legislation prohibiting hypnotism by laymen. As the hypnotist vote isn't very large, the activities of these pressure groups have been ignored for the most part. Statutes on hypnotism generally seek either to regulate stage hypnotism, the hypnosis of minors, or medical use of …
Proxy Voting Power In Non-Profit Organizations, Howard L. Oleck
Proxy Voting Power In Non-Profit Organizations, Howard L. Oleck
Cleveland State Law Review
This note will briefly survey the state of American law as to proxy voting in non-profit organizations. It will deal first with member voting by proxy, and then with proxy voting by representatives (delegates, committeemen,directors or trustees).
Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley
Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley
Cleveland State Law Review
To what extent do voluntary non-profit associations have the right (a) to deny admission to membership, and (b) to expel existing members? Space does not permit discussion of all the ramifications of these two questions and some limitation of scope becomes necessary. The theme selected has been the "civil rights" aspect of the problem; more specifically, the right, in certain areas, to be protected against racial and religious discrimination, and the privilege to exercise the ordinary rights of citizenship, such as the right of free speech, of petition, of voting, of resort to the courts, and to employment.
Book Review, Martin A. Levitin
Book Review, Martin A. Levitin
Cleveland State Law Review
Reviewing W. M. Gefafer, ed., Occupational Diseases, A Guide to Their Recognition, U.S. Government Printing Office, 1964
Reasonable Fee And Professional Discipline, William C. Romell
Reasonable Fee And Professional Discipline, William C. Romell
Cleveland State Law Review
The question propounded by this article is - what exactly is the "reasonable" fee, and conversely under what conditions may a fee be adjudged so unreasonable that the legal profession may administer justifiable discipline to the attorney charging such a fee?
Group Representation By Attorneys As Misconduct, Richard M. Markus
Group Representation By Attorneys As Misconduct, Richard M. Markus
Cleveland State Law Review
This article is intended to consider the future of group retainers in light of the conflicting views of proponents and opponents. Attention will first be given to the "Canons of Professional Ethics" which affect this subject and the judicial decisions interpreting them. Next, an attempt will be made to evaluate the effect of the Supreme Court Brotherhood case, and other related decisions, upon the Canons. Finally, an effort will be made to anticipate the prospects of group legal service with a view towards implementing or modifying present standards.
Initial Impressions Of The Treasury Report On Foundations, Marcus Schoenfeld
Initial Impressions Of The Treasury Report On Foundations, Marcus Schoenfeld
Cleveland State Law Review
Very recently in the United States Treasury Department submitted its study of private foundations to Congress. This is the most recent development in an attempt to delineate the proper role of foundations and their donors in our society, and more particularly their proper tax treatment. Although it is much too soon to predict the effect of the Treasury Report, since Congress itself asked for the study, it is quite likely that some more restrictive legislation will result.
Soviet Theory Of Jurisprudence, Francis G. Homan Jr.
Soviet Theory Of Jurisprudence, Francis G. Homan Jr.
Cleveland State Law Review
Any examination of Marxian theory and its embodiment in Soviet jurisprudence must first review its roots in Hegelian philosophy. Bolshevism, Fascism and National Socialism have all relied on Hegelian theory, with tremendous political impact on modern history.
Medical And Legal Aspects Of Human Organ Transplantation, Carl E. Wasmuth, Bruce H. Stewart
Medical And Legal Aspects Of Human Organ Transplantation, Carl E. Wasmuth, Bruce H. Stewart
Cleveland State Law Review
Medical science has now made it possible to transplant kidneys from one individual to another in order to save the lives of patients dying of kidney failure. The use of kidneys from recently deceased patients (so called cadaver donors) is increasing, creating special legal problems in regard to obtaining and using such organs. As techniques of heart, lung, and liver transplantation develop, these legal problems may become even more complex.
Hospital Privileges, Bernard D. Herring
Hospital Privileges, Bernard D. Herring
Cleveland State Law Review
Almost daily, judicial decisions are handed down, affecting the practice of medicine. As a consequence the rights and responsibilities of physicians are in a state of flux. We must remain vigilant and view these changes critically but objectively, realizing that there will be a constant need for evaluation of these changing legal concepts, especially as they relate to staff privileges, for such privileges are in no small way associated with such highly volatile subjects as procedural fairness, restraint of trade, religious freedom, and racial discrimination.
Book Review, Daniel W. Feldman
Book Review, Daniel W. Feldman
Cleveland State Law Review
Reviewing Thomas S. Szasz, M.D., Law, Liberty, and Psychiatry, The McMillan Company, 1963
Refusal To Have Children As A Ground For Divorce Or Annulment, Marvin M. Moore
Refusal To Have Children As A Ground For Divorce Or Annulment, Marvin M. Moore
Cleveland State Law Review
When a husband and wife agree to practice birth control no legal problems are normally created. In England and now in all American jurisdictions the use of contraceptive devices and techniques is perfectly lawful, and only three states impose restrictions on voluntary sterilization. In fact, there is considerable evidence that our society not only permits birth control but considers it highly desirable. However, a different situation is presented when contraception is practiced by one spouse against the will of the other. The offending spouse remains free of criminal liability, but he may be vulnerable to some form of marital legal …
Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale
Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale
Cleveland State Law Review
This article will examine the liability of an attorney for an incorrect opinion where the complainant is not the attorney's client. It will also give special consideration to the problem of giving advice on the law of a jurisdiction other than the attorney's own state.
State Attorney General - Guardian Of Public Charities, Robert L. Gray
State Attorney General - Guardian Of Public Charities, Robert L. Gray
Cleveland State Law Review
In 1954, the National Conference of Commissioners of Uniform State Laws, having recognized the need for legislation in this area, published the Uniform Supervision of Trustees for Charitable Purposes Act, which was similar to the New Hampshire law. As has been stated, California soon passed the uniform act. Iowa (1959), Michigan (1961), Illinois (1961), and Oregon (1963) have since passed the uniform act. There are slight variations in the versions passed by the above states, but the general effect of their laws is the same. While the legislatures of these states have provided the law,they have not always provided the …
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Cleveland State Law Review
We do not question the need for, or the benefits of specialization, but rather point to some of the confusion which results, in legal cases involving the medical specialist. The apparent contradiction that appears in proceedings involving specialists is illustrated by two cases where the patient's heart stopped beating while on the operating table.
Common Problem In Administration Of Decedents' Estates, Daniel F. Carmack
Common Problem In Administration Of Decedents' Estates, Daniel F. Carmack
Cleveland State Law Review
Probably the worst pitfall in the administration of decedent's estates is the fact that the law relating to it has so few pitfalls. As opposed to workmen's compensation practice, for example, the statutes covering administration and the devolution of decedent's property are relatively all-inclusive. There is a statute to cover most situations, and if the lawyer will read them, he will probably do a creditable job in most situations. This encourages the average practitioner to think of probate practice as an opportunity to shoot fish in a barrel, and get well paid for doing it. As we shall see, there …
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
Cleveland State Law Review
Many cases deal with the use of Federal tax returns in non-tax cases. The inherent danger in subjecting tax returns to discovery at pre-trial and admission at trial, is the unnecessary disclosure of confidential information. Yet, when income tax returns are material and relevant to the claims of the parties litigant, a contention of privileged communication should not be used to defeat justice.
The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin
The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin
Cleveland State Law Review
In Ohio the Attorney General shall appear in any court or tribunal in which the state is interested. The common law interpretation of the duties of the Attorney General regarding charitable trusts in the state of Ohio has been supplanted by statutory law which is enumerated in Sections 109.23-109.33 of the Ohio Revised Code, often referred to as the Charitable Trusts Act.
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Cleveland State Law Review
The deposition plays an important role in the modern-day practice of law. The enormous backlog of cases in the courts requires preservation of precious testimony during the long wait prior to trial. In addition, the deposition is a valuable tool in evaluating a case, especially during settlement negotiations. Finally, the deposition is a prime means of discovering vital information. The notary public presides at the deposition, and is invested with quasi-judicial powers, including the power to punish for contempt. This paper will briefly survey both the procedural aspects of the deposition and the quasi-judicial power of the notary public.
What Should Be In A Malpractice Insurance Policy, Sidney Franklin
What Should Be In A Malpractice Insurance Policy, Sidney Franklin
Cleveland State Law Review
The malpractice insurance policy, also known as Professional Liability Policy, should precisely delineate the coverage, whether partnership or individual, the exact period of the coverage, the exclusions and limitations, the type of practice, the exact premium and the cancellation procedure.
Forfeiture Of Non-Profit Corporation Charters, Kevin Sheard
Forfeiture Of Non-Profit Corporation Charters, Kevin Sheard
Cleveland State Law Review
Many of the provisions of general corporation law apply to non-profit corporations in common with corporations for profit. Yet since the non-profit groups do form a class by themselves, it is worthwhile to examine the law on forfeiture of charter as applied particularly to them.
Control Of Charity Solicitations, Ralph E. Mcgeorge
Control Of Charity Solicitations, Ralph E. Mcgeorge
Cleveland State Law Review
Giving, whether it is done wisely or not, is big business these days-totaling approximately 10 billion dollars in 1963. The value of our philanthropic and religious organizations, in terms of capital investment, was recently estimated at more than 68 billion dollars. By these yardsticks alone, philanthropy ranks as one of our Big Ten industries. The real "shocker" is that over 500 million dollars (billion) of our hard earned money finds its way into the well lined pockets of charity racketeers each year. This is a great deal of money to be lost to worthwhile charities and institutions, almost as much …
Stress-Caused Heart Attacks, Chester M. Denwicz
Stress-Caused Heart Attacks, Chester M. Denwicz
Cleveland State Law Review
Current statistics demonstrate that almost any person may be suffering from some degree of hypertension or arteriosclerosis, and that if he enjoys an extended life span, he is likely to sustain a "heart attack" from which his chance of dying is great. Cardiovascular disease has, therefore, become an incident of modern living, and cardiovascular injuries are one of the most controversial areas of liability in the field of workmen's compensation. The conflict concerning heart cases, and especially those related to the "stress incurred," arises primarily from the difficulty of proving causation. The confusion arising from conflicting judicial construction of terms …