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Articles 1 - 30 of 60
Full-Text Articles in Law
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Legal Aspects Of The Hospital Emergency Room, Charles U. Letourneau
Cleveland State Law Review
In any discussion of an emergency room or an emergency department or an emergency service, a definition of the terms of reference is always helpful at the start. Unfortunately, definitions of what constitutes an "emergency room" are not easily found and although numerous regulations governing hospitals refer to the provision of emergency service, none have hazarded a precise definition. Thus far, definitions all seem to be in agreement that personnel, materials and regulations should be present to insure immediacy or promptness of care. But uniform agreement on how immediacy and promptness are to be provided does not seem to be …
Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan
Alterations By A Life Tenant Or Tenant For Years As Waste, Frank C. Homan
Cleveland State Law Review
It would seem best to recognize that the old rule of waste, which was based on practically any physical change in the premises, is dead.The rule today would clearly seem to be that, to determine waste, one must decide whether or not the acts complained of violated the actual or presumed intention of the parties creating the estate. Certainly the least desirable approach to a determination of what is actionable waste is that which attaches liability to certain acts regardless of their desirability or practical context. It seems to be the rule today that the intention of the parties, or, …
Negligent Design Of Sports Facilities, Bernard Mandel
Negligent Design Of Sports Facilities, Bernard Mandel
Cleveland State Law Review
The scope of this note is limited to the design of sports facilities and the duties of owners and participants relative thereto. Faulty construction and faulty maintenance of the facilities are not within its purview.
The Bootstrap Loophole: Can It Be Closed, Frank C. Fogl Jr.
The Bootstrap Loophole: Can It Be Closed, Frank C. Fogl Jr.
Cleveland State Law Review
The puropse of this paper is to review the history and background of bootstrap transactions and to determine: (1) Whether there is a need to close the bootstrap loophole; (2) If so, why this loophole has not been closed in the past; (3) Whether the Internal Revenue Code as it now exists contains provisions, if used, that can close this loophole; (4) If new legislation would be required to reach this end. A few key cases will be reviewed and analyzed, with major emphasis placed on the recent Clay Brown' decision, to show the attitude toward bootstrap transactions of both …
Investigational Drugs And The Law, George F. Archambault
Investigational Drugs And The Law, George F. Archambault
Cleveland State Law Review
Moving directly to the subject "Investigational Drugs and the Law" and being concerned primarily with preventative law, a topic not unlike preventative medicine, what is it that must be known as a lawyer in this specialty field in order to aid physicians and pharmacists involved in clinical research, in clinical pharmacology research, in hospital administration, and in nursing and pharmacy practices to keep them from legal pitfalls? It is necessary to tackle the subject in a two-pronged manner: (1) the federal and state statutes, and (2) case law.
Uninsured Motorist Defined, Henry A. Hentemann
Uninsured Motorist Defined, Henry A. Hentemann
Cleveland State Law Review
An attempt will be made to explore the court interpretations of the standard policy definition of "uninsured automobile." However, when reviewing such, three basic consider-tions must be borne in mind. One is that many states have so-called uninsured motorist statutes which contain purpose and intent sections upon which the courts may have relied in allowing a liberal construction to achieve the purpose intended by the legislature. The second is that simple contract law, without statutory influence, requires that the words employed be given their plain and commonly understood meaning. Thirdly, however, any ambiguity in an insurance contract, it being a …
Real Property Tax Exemptions Of Non-Profit Organizations, Robert T. Bennett
Real Property Tax Exemptions Of Non-Profit Organizations, Robert T. Bennett
Cleveland State Law Review
Although much has been written about non-profit organizations in the area of state and local taxation, very little has been written as to tax exemptions granted to these same organizations. This only indicates that the law on this subject is not well developed and remains a source of constant litigation. This situation appears to exist for several reasons. Each state has its own tax statutes with its own definitions and interpretations, and litigation can usually be resolved by referring only to the particular state constitution involved or the Constitution of the United States.
Negligent Operation Of A Police Vehicle, Harvey S. Morrison
Negligent Operation Of A Police Vehicle, Harvey S. Morrison
Cleveland State Law Review
As a general rule a police officer on an emergency call is required to exercise the care which a reasonable, prudent man would exercise in the discharge of official duties of a like nature under like circumstances. Comparing this standard of care to that required of a civilian driver, one finds not that a lesser degree of care is required of the police officer but that the care exercised must be commensurate with the circumstances. The ordinary driver under ordinary circumstances uniformly has the duty to exercise ordinary care toward other travelers to avoid injury or property damage. The police …
Statutes Of Limitations And Undiscovered Malpractice, Stanley Sacks
Statutes Of Limitations And Undiscovered Malpractice, Stanley Sacks
Cleveland State Law Review
A number of general legal problems have arisen out of malpractice actions and applicable statutes of limitations. Thus, the fact that there is a choice as to which event starts limitations running against the malpractice actions, either the physician's wrongful act or omission, or when such act or omission resulted in injury, is as naturally susceptible of varying judicial interpretation as the myriad of other legal situations. The situation that too often fosters injustice and thereby demands immediate and appropriate action, whether legislative or judicial, is that predicament where the wrongful act of a medical practitioner results in injury, but …
What Constitutes An Assault, William H. Erickson
What Constitutes An Assault, William H. Erickson
Cleveland State Law Review
Assault, as it has been judicially defined, finds its basis in the protection against the apprehension of receiving harmful or offensive contact. It is the threshold for the more serious tort of battery, the actual contact with the person of the plaintiff. The law of assault has been developing over hundreds of years and will continue to do so. Of key importance to the tort, and the one factor more than any other which differentiates the tort of assault from other forms of intentional wrongdoing, is the element of apprehension in the mind of the victim. Without the awareness by …
Book Review, Frederick E.J. Pizzedaz
Book Review, Frederick E.J. Pizzedaz
Cleveland State Law Review
Reviewing Marian R. Freemont-Smith, Foundations and Government: State and Federal Law and Supervision, Russell Sage Foundation, 1965
Title Insurance Aspects Of Tort Liability, Dean T. Lemley
Title Insurance Aspects Of Tort Liability, Dean T. Lemley
Cleveland State Law Review
By reason of the adequate damages recoverable in contract by the insured, and because of safeguards of ethics and efficient methods of title examinations, underwriting practices, and sophisticated systems of document storage and retrieval, it would appear that tort liability will not become prevalent in the title industry. Since law is disposed to follow the needs of society, rather than to anticipate them, it seems logical that actions in tort liability will not be needed.
Landlord's Liability For Ice And Snow, Michael R. Gareau
Landlord's Liability For Ice And Snow, Michael R. Gareau
Cleveland State Law Review
The relation of landlord and tenant creates rights and liabilities for each. The landlord who rents a part of his premises and retains a portion thereof which is used in common by all of the tenants is deemed to have retained control of such portion and a duty is imposed upon him to keep it in a reasonably safe condition.Since the landlord has the obligation to keep the common ways in a reasonably safe condition, the question arises whether or not this obligation is imposed upon a landlord where the common areas are rendered unsafe due to accumulations of ice …
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
Cleveland State Law Review
Schipper v. Levitt & Sons, Inc., held that a tract home-builder must defend his actions against the prima facie case established by an injured third party. The importance of this case lies in the application of a tort doctrine, previously applied exclusively to negligent acts by chattel manufacturers, to real property construction. This extension is shattering the ancient property concepts so much the bedrock of our Common Law. We will review that foundation and the old rules of non-liability as they concern the landowner, contractor, and third party, in order to grasp the significance of this new change in jurisprudential …
Police Liability For False Arrest Or Imprisonment, John M. Manos
Police Liability For False Arrest Or Imprisonment, John M. Manos
Cleveland State Law Review
It is difficult to arrive at a valid distinction between false arrest and false imprisonment. The two causes of action are practically indistinguishable. When there is a false arrest there is a false imprisonment, but in a false arrest detention is based on asserted legal authority to enforce the processes of the law. A false imprisonment can arise between private persons for a private end with no relevance to the administration of criminal law. Our primary concern here, of course, is solely with a detention under color of law. This article purports to describe the various situations in which an …
Delay In Delivery Of Cadaver To Next Of Kin, Lawrence S. Grean, Paul Hesse
Delay In Delivery Of Cadaver To Next Of Kin, Lawrence S. Grean, Paul Hesse
Cleveland State Law Review
The general rule is that mental suffering alone, caused by mere negligence, is non-compensable. While a majority of courts seem to hold that damages may be awarded when physical injuries result from mental anguish, even though no "impact" (contact) is involved, in most states the requirement of physical injury appears steadfast. One notable exception to this rule, however, can sometimes be found in the law relating to cadavers. Briefly stated, it holds that mental anguish suffered by the next of kin, resulting from interference with the body of the deceased, is sufficient basis for compensation, irrespective of contemporaneous physical injury. …
Short-Sales Of Securities, William J. Rankin
Short-Sales Of Securities, William J. Rankin
Cleveland State Law Review
The field of short selling is bathed in confusion, complexity, and contradiction. An attempt will be made in this article to arrive at order and understanding in this complex area.
Book Review, Mort L. Kaplan
Book Review, Mort L. Kaplan
Cleveland State Law Review
Reviewing Albert Averbach and Charles Price, eds., The Verdicts Were Just: Eight Famous Attorneys Present Their Most Memorable Cases, Lawyers Co-operative Publishing Co., 1966
Legal Aspects Of Police Radar, William K. Mccarter
Legal Aspects Of Police Radar, William K. Mccarter
Cleveland State Law Review
As a vehicle approaches the radar unit, it enters its operating zone or "zone of influence." The length and width of the zone depends on such factors as the strength of the signal and the transmittor height above the ground. The unit will record the speed of only one vehicle at a time, determined by the vehicle presenting the best target by reason of reflecting surface, position, or speed. Based on this, many courts have pointed out possible defenses to proof of speed by radar. One court has stated in its opinion there are many more defenses that can be …
1966-1967 Issues In Legal Education, David F. Cavers, Lindsey Cowen, Walter Gellhorn, John G. Hervey
1966-1967 Issues In Legal Education, David F. Cavers, Lindsey Cowen, Walter Gellhorn, John G. Hervey
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 …
Laudatory Invasion Of Privacy, Joseph Zolich
Laudatory Invasion Of Privacy, Joseph Zolich
Cleveland State Law Review
Although seventy-seven years have passed since its launching, the right of privacy is still in its infancy. But we can say that the doctrine is no longer a generality and courts have developed principles which are applied and followed in jurisdictions where the doctrine has been recognized. Laudatory invasion of privacy cases fall into the category of public disclosure of private facts about the plaintiff.
A Review Of Hohfeld's Fundamental Legal Concepts, Alan D. Cullison
A Review Of Hohfeld's Fundamental Legal Concepts, Alan D. Cullison
Cleveland State Law Review
Wesley N. Hohfeld tried to split the atom of legal discourse and to identify its elementary particles. He identified eight atomic particles which he called "the lowest common denominators of the law." All legal concepts, he thought, can be completely analyzed, even defined, in terms of these eight fundamental legal conceptions: Right, No-Right, Power, Disability, Duty, Privilege, Liability, Immunity. Of course, Hohfeld had in mind very specific meanings for these eight terms; so it is not the words themselves, but rather the meanings he had in mind, that tell Hohfeld's story. The first thing that needs clarifying is what kind …
Bowling Alley Tort Liability, Matthew J. Koch
Bowling Alley Tort Liability, Matthew J. Koch
Cleveland State Law Review
Tort liability of the bowling alley proprietor or operator has become a common problem with the increased popularity of bowling. The two principal grounds upon which tort liability of the proprietor or owner may be predicated are negligence and nuisance.
Book Review, Lawrence J. Rich
Book Review, Lawrence J. Rich
Cleveland State Law Review
Reviewing Richard J. Medalie, From Escobedo to Miranda: The Anatomy of a Supreme Court Decision, Lerner Law Book Co., Inc., 1966
Book Review, William L. Summers
Book Review, William L. Summers
Cleveland State Law Review
Reviewing Stuart M. Speiser, Recovery for Wrongful Death, Lawyers Co-operative Publishing Company, 1966
Landowner's Responsibility To A Social Guest, Burt C. Siebert
Landowner's Responsibility To A Social Guest, Burt C. Siebert
Cleveland State Law Review
The early common law, from which our present law has evolved, classifies persons on land into three basic categories: trespassers, licensees, and invitees. The classification determines the standard of care that is owed to these persons. The standard of care is a duty imposed upon the landowner because he is in control of his land, is presumed to know all about his land and any dangers or possible dangers that may exist, and is best able to prevent any harm to others. A "social guest" can fit into all three of the categories, as a trespasser, a licensee, or an …
Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus
Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus
Cleveland State Law Review
In the case of Kendall v. Gore Properties Inc. an employer was held liable for the willful and malicious (criminal) acts of his employee. The employee, a janitor in an apartment house, had murdered a tenant. The employer was held liable on the ground that he, the landlord, had been recklessly ignorant in the selection of the employee. The case illustrates the modern doctrine of allocating to the employer liability for the harm caused by the servant's tortious behavior, based on his negligent selection of the employee, even though the criminal nature of the servant's act is far beyond that …
Battery In Medical Torts, Don S. Smith
Battery In Medical Torts, Don S. Smith
Cleveland State Law Review
The purpose of this paper is not so much to explore when and under what circumstances a battery takes place but to deal with the problems which the classification itself creates. These include questions of the applicability of special malpractice statutes of limitation, whether an action can be maintained under the Federal Tort Claims Act, coverage under malpractice insurance policies, causation and damages, and the requirement of expert medical testimony to provide a standard against which the conduct of the defendant may be measured.
Corporation Executive Committees, Nancy F. Halliday
Corporation Executive Committees, Nancy F. Halliday
Cleveland State Law Review
Soon after it had been determined by the courts that management functions could be delegated by corporation boards of directors, it became a frequent practice in business and nonprofit corporations to delegate these functions to a small, active group of directors, known as the executive committee. Boards of directors cannot be expected to be in session continually, and certainly the affairs of a corporation require constant supervision by some directing body. This paper is particularly concerned with consideration of the extent to which the managerial function of the board of directors can be properly delegated to an executive committee.
Unreasonable Accumulation Of Income By Foundations, Joel H. Feld
Unreasonable Accumulation Of Income By Foundations, Joel H. Feld
Cleveland State Law Review
Unreasonable accumulation of income was and still is one of the the common abuses found in some foundations. Prior to 1950 the Internal Revenue Service challenged foundation exemption by stating that unreasonable accumulations of income were evidence that the foundation was not organized for, or carrying out, a charitable purpose. The courts were reluctant to follow this theory, and gave the law a liberal interpretation in favor of the foundations. It was not until 1950 that Congress enacted Section 3814 of the Internal Revenue Code of 1939. The law is the same today in the Internal Revenue Code of 1954, …