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Articles 1 - 30 of 54
Full-Text Articles in Law
Error In Omitting "Or Die" After A Testamentary Gift Of Income To Widow, Anthony A. Morano
Error In Omitting "Or Die" After A Testamentary Gift Of Income To Widow, Anthony A. Morano
Cleveland State Law Review
The purpose of this essay is to consider the problems posed by a hypothetical omission of the words "or dies" from a typical testamentary gift of income to a surviving spouse during widowhood. While it is sincerely hoped that no one will have need of it, the writer wishes to record the products of his research and analysis just in case it may assist some blushing brother's future search for the consequences of that most painful of errors-the rare, unique mistake that no one before has made.
Legal Perils Of Parody And Burlesque, Thomas Paul Demeter
Legal Perils Of Parody And Burlesque, Thomas Paul Demeter
Cleveland State Law Review
Parody and Burlesque as art forms, and their conflicts with the rights of the holder of the original copyrighted work, are subjects of interest to both the layman and the lawyer. To analyze the status of this conflict, several areas must be explored. The following discussion includes a consideration of the current copyright law as it applies to parody and burlesque, a history of parody and burlesque as a literary form, and significant United States cases dealing with the problems of the conflict.
Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams
Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams
Cleveland State Law Review
Ordinarily, there is a legally enforceable right to recover damages for libelous statements. On the other hand, newspapers enjoy a constitutionally guaranteed right of free press. Free press however is not synonymous with a license to libel and newspapers normally stand in no better position than any other member of the community in defense of libel suits.
Needed: The Social-Scientific Lawyer, Kent M. Weeks
Needed: The Social-Scientific Lawyer, Kent M. Weeks
Cleveland State Law Review
Once confined to academic journals and considered irrelevant to American law, the empirical findings of the behavioral sciences are now the lawyer's tools. The Supreme Court not only accepts empirical data of the social scientists in briefs, but implicitly seeks such data in order to enable the court to make decisions.
Compensable Injury In Back Claims, John H. Small
Compensable Injury In Back Claims, John H. Small
Cleveland State Law Review
This article is the product of many years uncertainty and resulting unhappiness in advising clients, compensation insurers and their claims representatives-in their handling of back claims, and in the writer's own preparation and trial of such proceedings.No doubt this situation has been intensified by the fact that North Carolina is in the very small minority of jurisdictions limiting compensability by requiring an accident as a condition precedent, and yet recognizing this handicap, seeking exceptions where it could, to the accomplishment of justice at the cost of confusion.
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Cleveland State Law Review
Whether because of expanded uses of the fruits of the nuclear age, or because of more insights into radiation caused diseases, in years to come more employees are likely to find themselves filing claims for workmen's compensation because of alleged radiation-caused diseases or illnesses. What are radiation diseases and injuries? Which occupations are likely to give rise to radiation exposure? Do present workmen's compensation laws provide coverage for such injuries and diseases, and to what extent? How is a claim processed? Can the present laws be improved, and what efforts are being made-or should be made-to im-prove them?
Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis
Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis
Cleveland State Law Review
Workmen's compensation has been defined as a system of social legislation providing compensation for loss resulting from the disablement or the death of workmen through industrial accident, casualty or disease. ... Recovery for an injury sustained in a workmen's compensation case is dependent upon the existence of all of the following six factors: (1) Jurisdiction of the subject matter; (2) Amenability of employer; (3) Proof of contract of employment; (4) Showing of a work related occurrence; (5) Sustaining of an injury as defined under the Workmen's Compensation Act; and (6) Proof of a causal relationship between the disabling condition and …
Processing A Workmen's Compensation Case In Ohio, James L. Young
Processing A Workmen's Compensation Case In Ohio, James L. Young
Cleveland State Law Review
The Workmen's Compensation system, which has been a part of Ohio law since May 31, 1911, represents a sharp departure in concept from the earlier methods of redressing work injuries. Under Workmen's,Compensation, neither the negligence of the employer nor that of, the employee plays any part in the determination of the employee's entitlement to the stated benefits. It is the fact of injury sustained in the course of and arising out of employment which is critical.
Appeals In Workmen's Compensation, M. Holland Krise
Appeals In Workmen's Compensation, M. Holland Krise
Cleveland State Law Review
There is a solution to the problem of appeals in the Ohio Workmen's Compensation Act. Permit the administrative officers who are well trained and have many years of experience to determine the facts and law with court appeals on questions of law only. Since Ohio is a State Fund operation, hearing officers probably should not be responsibleto the Bureau of Workmen's Compensation. This alliance could affect their judgment since they must defend the insurance fund against any claim which is, in their opinion, unlawful.
Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller
Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller
Cleveland State Law Review
While events on the national and international scene have changed drastically in the past 5 years both as to our economy and our way of life, workmen's compensation benefits as they affect both of these matters have remained relatively static. Change is the order of the day. To keep pace with constantly changing conditions, it is just as necessary that we keep up and change our laws to meet the changing problems which are ever upon us. In a dissertation on such an all inclusive subject, it is not possible to elaborate in too much detail each suggested change and …
1967-1968 Problems In Legal Education, David F. Cavers, Robert F. Drinan, W. Ray Forrester, Robert F. Grabb
1967-1968 Problems In Legal Education, David F. Cavers, Robert F. Drinan, W. Ray Forrester, Robert F. Grabb
Cleveland State Law Review
Six problems 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 …
Agreements For Small Corporation Control, Stanley Morganstern
Agreements For Small Corporation Control, Stanley Morganstern
Cleveland State Law Review
A close corporation, one owned by a few shareholders, has many unique problems which if not recognized and anticipated may well destroy it. No one plan can be made for all close corporations, as the circumstances, both present and future, must dictate particular provisions of each plan.
Liability For Leaving A Firearm Accessible To Children, William C. Gargiulo
Liability For Leaving A Firearm Accessible To Children, William C. Gargiulo
Cleveland State Law Review
Enmeshed in the right to possess a firearm is the duty of care. Thus, the duty of care applies not only to using a firearm, but also to safeguarding the firearm from reasonably anticipated improper use by others. The liability of a person for permitting, or for leaving, a firearm accessible to children has been based upon failure to exercise the required duty of care in regard to a dangerous instrumentality.It is the objective of this note to consider whether or not the doctrine of absolute liability should be extended to hold that when a person permits a child to …
Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman
Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman
Cleveland State Law Review
This note examines the fundamental and dynamic concept of unseaworthiness, and investigates particularly the geographical limits ashore where such injuries may occur and yet be actionable. Crew misconduct will not be considered as a factor in unseaworthiness, as that subject has been treated elsewhere.
A Case For Computers In Law Practice, Donald J. Elardo
A Case For Computers In Law Practice, Donald J. Elardo
Cleveland State Law Review
There is no profession which has more to gain from dramatic new technological developments for the automation of information than the legal profession.
Records And Sources Of Ohio Law From 1787-1850, William H. Vodrey
Records And Sources Of Ohio Law From 1787-1850, William H. Vodrey
Cleveland State Law Review
This check list includes records and sources relating to Ohio law from 1787 to 1850. The imprint is included without regard to the place of printing, if it relates to Ohio law. A few items after 1850 are included, where appropriate.
Insurance Questions In Voir Dire, Kenneth S. Kabb
Insurance Questions In Voir Dire, Kenneth S. Kabb
Cleveland State Law Review
The scope of this article includes the voir dire examination in the federal courts, primarily in civil cases. The questions to be considered are: (1) how is the voir dire examination to be conducted; (2) what are the limitations imposed on the trial judge, counsel, and the parties with respect to the manner and conduct of the questioning; (3) what is the allowable scope of questions that may be asked prospective jurors; and (4) what will constitute reversible error, and who has the burden of proof.
Book Review, Frank D. Emerson
Book Review, Frank D. Emerson
Cleveland State Law Review
Reviewing Carter F. Henderson and Albert C. Lasher, 20 Million Careless Capitalists, Doubleday & Co., 1967
Accoutants' Liability To Third Parties, Robert Stern
Accoutants' Liability To Third Parties, Robert Stern
Cleveland State Law Review
The legal relationships within the accounting profession are currently in a state of uncertainty caused by both internal and external forces. Due to fairly recent developments of the law widening the breadth and scope of its potential liability, the accounting profession, in an effort to more precisely define and clarify its moral and legal duties, "is deeply involved in a great debate over how precisely accounting principles should be defined and how rigidly enforced." Some spectacular lawsuits recently ". . . tend to reflect the growing responsibilities and hazards of the accounting profession in an age of increasingly complex international …
Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch
Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch
Cleveland State Law Review
This article deals with the infringement problems encountered by a teacher in duplicating copyrighted material for his class. Since the teacher is the "real party in interest," we have attempted to avoid legalistic language (at least without explanation), so as to produce a paper to which the layman, as well as the lawyer may turn for understanding.
Contract Interference By Previous Employer, Robert I. Bendis
Contract Interference By Previous Employer, Robert I. Bendis
Cleveland State Law Review
Whether or not Bennett was correct in his allegation and whether or not his former employer was justified in its act were the questions presented to the court in the case of William Bennett v. Storz Broadcasting Company. The answers to these questions turned on the court's interpretation of the following issues: what acts constitute actionable interference; was the contract of employment between the plaintiff and the defendant, and/or the negative covenant contained therein, valid; was the existence of a contract crucial or even necessary for an action to lie; could there be any justification for the defendant's acts; and …
Military Law And The Miranda Requirements, Gaylord L. Finch
Military Law And The Miranda Requirements, Gaylord L. Finch
Cleveland State Law Review
The purpose of this article is to examine the Code and its effectiveness in dealing with the military accused in the area of criminal procedure. Emphasis will be placed on the serviceman's right to counsel, the serviceman's Fifth Amendment privilege against self incrimination and the scope of the Bill of Rights when applied to the serviceman. The discussion will be limited to the relationship of the military to its own personnel.
Malone Re-Visited - Definition Of Injury Under The Ohio Workmen's Compensation Act, R. Brooke Alloway
Malone Re-Visited - Definition Of Injury Under The Ohio Workmen's Compensation Act, R. Brooke Alloway
Cleveland State Law Review
Since the adoption of Section 35 of Article II, Constitution of Ohio, the history of the meaning of "injury" has been subject to a tug-of war between the Legislature and the Supreme Court. Twice, in 1937 and in 1959, the Legislature has enacted amendments, both apparently with a view to liberalizing the scope of the term.
Medical Witness' Treatment By Courts, Monroe E. Trout
Medical Witness' Treatment By Courts, Monroe E. Trout
Cleveland State Law Review
An attempt has been made to review what the courts have recently said about medical witnesses and their testimony. Many questions can be asked about particular decisions, and indeed, an entire article could be written about individual cited cases. The only purpose of this paper is to review the recent decisions in order to give you a panoramic view of the type of questions which the courts are being asked to answer about the medical witness and his testimony.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Cleveland State Law Review
Any attempt to comprehensively analyze the voluminous and detailed Workmen's Compensation and Industrial Employee legislation throughout the United States awakens one to the vast scope of ourmindustrial society. The magnitude of progress in this field dominates all other considerations of this survey, designed to show what aspects of these laws are in the throes of legislative revision, with emphasis on advances in vocational rehabilitation, coverage of public employees, and expansion of occupational disease classifications. This survey encompasses not only legislative revisions, repeals and amendments proposed or pending before State lawmakers, but attempts a preview of future activity.
The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber
The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber
Cleveland State Law Review
Plaintiffs in general fare rather poorly in litigation cases when trauma is responsible for the aggravation of their arthritic condition. The inadequate rewards are usually due to the poor presentation of the claimant's case to the judge and jury. The purpose of this paper is to illustrate some of the disabling results that trauma inflicts on victims of arthritis of the spinal column, and to discuss adjudication of these cases, as well as suggested therapy by means of x-rays.
How Far May Newspapers Go In Criticizing, Richard Szilagyi
How Far May Newspapers Go In Criticizing, Richard Szilagyi
Cleveland State Law Review
Any written or printed article which is false and is conveyed by publication to third parties is defamatory or "libelous." That is, it is actionable if it tends to subject the plaintiff to hatred, scorn, ridicule, public contempt or disgrace; or if it induces a substantial number of respectable community members to avoid, shun, or deprive him of their friendly association, even though the defamation imputes no moral turpitude to him. Despite a long history of judicial decisions and numerous discussions and writings by the legal profession, there are few areas of the law so unsettled as the law of …
Book Review, James K. Gaynor
Book Review, James K. Gaynor
Cleveland State Law Review
Reviewing Problems in Hospital Law, Health Law Center, 1968
Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher
Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher
Cleveland State Law Review
This article deals with two special problems in the field of confidentiality and privilege, which can be discussed together although they are not entirely related. These problems arise from a physician-patient relationship and are special by virtue of the fact that the patient has made himself a special object of public attention or public concern. The first of these is the problem of the physician who wishes to disclose information about an historical personage. The second problem is the disclosure of information by a physician concerning patients who are infamous rather than famous.
Liability Of A Carrier For Loss And Damage To Interstate Shipments, Thomas R. Skulina
Liability Of A Carrier For Loss And Damage To Interstate Shipments, Thomas R. Skulina
Cleveland State Law Review
The law governing the liability of a carrier for loss or damage to interstate shipments is set out in the Carmack Amendment. Prior to the enactment of this federal legislation, a body of law pertaining to this subject developed in the common law. The present law evolved from the earliest concepts of bailment relationship. The early statutes preserved many aspects of the common law. This article will refer to common law principles but will not focus on law as it was prior to the Carmack Amendment.