Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (10)
- Torts (10)
- Legal Profession (8)
- Medical Jurisprudence (8)
- Labor and Employment Law (5)
-
- Legal Ethics and Professional Responsibility (5)
- State and Local Government Law (5)
- Business Organizations Law (4)
- Constitutional Law (4)
- First Amendment (4)
- Housing Law (3)
- Intellectual Property Law (3)
- Taxation-Federal (3)
- Commercial Law (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Education Law (2)
- Environmental Law (2)
- Law and Society (2)
- Legal Remedies (2)
- Litigation (2)
- Property Law and Real Estate (2)
- Retirement Security Law (2)
- Securities Law (2)
- Administrative Law (1)
- Admiralty (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Keyword
-
- Collective bargaining (4)
- Law professors (4)
- Conflict of interest (3)
- Group legal services (3)
- Medical malpractice (3)
-
- Unauthorized practice (3)
- Defamation (2)
- Labor unions (2)
- Law teachers (2)
- Libel (2)
- Punitive damages (2)
- Scholarship (2)
- Social control (2)
- Standard of care (2)
- Strict liability (2)
- Abortion law reform (1)
- Academic unrest (1)
- Actual malice (1)
- Administrative decisions (1)
- Admiralty jurisdiction (1)
- Aesthetic considerations (1)
- Agency (1)
- Appropriation (1)
- Arbitration (1)
- Arbitrator (1)
- Artisan lienholder (1)
- Attorney as advocate (1)
- Automobile defects (1)
- Automobile liability insurance (1)
- Balance of interests test (1)
Articles 1 - 30 of 67
Full-Text Articles in Law
Public Relations, Law, And Environmental Pollution, Barbara L. Schoonover, David J. Sherriff
Public Relations, Law, And Environmental Pollution, Barbara L. Schoonover, David J. Sherriff
Cleveland State Law Review
In public relations, however, the relationship is a complementary one, in which the law acts as the formulator of the rules of society and public relations serves as the interpreter of them to the people. Beyond that, public relations often can support the law by creating an atmosphere in which the law can more effectively perform its function of protecting the people and preserving the health of society. Perhaps nowhere is this more evident than in the area of air and water pollution control.
Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips
Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips
Cleveland State Law Review
The law of music copyright, although now quite old, is still relatively young in its development and refinement when compared to other segments of the copyright law. The impediment in its progress is partially due to the technicalities inherent in the discipline itself, and also to the lack of musical sophistication on the part of most law making bodies. Modern day electronic developments in recording and storing sound will do much to facilitate and broaden the scope of the law. Its implementation through a Music-Legal Board of Experts could be the effective step needed in order to overcome the present …
Book Review, William Tabac
Book Review, William Tabac
Cleveland State Law Review
Reviewing Louis B. Heller, Do You Solemnly Swear? Doubleday & Co., Inc., 1968
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Cleveland State Law Review
The primary legal concern of the pharmacist has been and continues to be in the field of negligence. With the increasing legal awareness of society, however, it becomes imperative to examine what liabilities may arise under the U.C.C. The main objective of this paper is to explore the possible areas of liability that may arise under the Code in the sale of patent medicines by the pharmacist.
Book Review, Albert Averbach
Book Review, Albert Averbach
Cleveland State Law Review
Reviewing Elliot L. Sagall and Barry C. Reed, The Heart and the Law, McMillan, 1968
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Cleveland State Law Review
It has long been recognized that a privilege to act is a perfect defense to liability for a non-consensual, intentional interference with another person. This privilege is based upon self defense, defense of third persons, mistake, or various other recognized legal theories. Even a state may have a privilege to interfere with the person of a citizen, and this privilege may extend to an interference to provide an infant citizen with medical care without the consent of, or against the express wishes of, the parent or guardian.
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Cleveland State Law Review
United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.
Book Review, Grace Sindell
Book Review, Grace Sindell
Cleveland State Law Review
Reviewing Howard L. Oleck, A Singular Fury, World Publishing Co., 1968
Failure Of Religious, Moral And Legal Controls To Meet The Needs Of Modern Life: Legal Education, Frederick K. Beutel
Failure Of Religious, Moral And Legal Controls To Meet The Needs Of Modern Life: Legal Education, Frederick K. Beutel
Cleveland State Law Review
Law is social control, and law devised without direct reference to the facts of life of the people controlled is not likely to be successfully administered. This is especially true in the modern world where social conditions are being changed with kaleidoscopic rapidity, while laws are changing slowly if at all. If all the professions using science have so changed man's environment, why does it not make sense to give the scientific method a improve law and government? The means of accomplishing this have been discussed at length elsewhere and need not be repeated here; but the impact of these …
A Core Curriculum For Urban Law, David F. Cavers
A Core Curriculum For Urban Law, David F. Cavers
Cleveland State Law Review
My suggestions here will be directed to the second and third years of the law curriculum. In suggesting courses which I believe can provide a valuable body of knowledge in preparation for the new demands of urban law practice, I have ignored the opportunities for drawing on materials relevant to that practice in many of the courses that I do not mention. Without sacrificing instructional value, such materials can frequently be substituted in first-year courses and in some of the second and third year courses for materials drawn from a more bucolic America. This process is already beginning to take …
Draft Card Burning, Robert M. Phillips
Draft Card Burning, Robert M. Phillips
Cleveland State Law Review
It has long been recognized by the courts that not only written and spoken words," but certain acts and conduct will likewise be considered a form of speech protected under the First Amendment. However, it has been difficult for the courts to determine exactly what type of conduct or action is acceptable and thus protected as "symbolic" speech,and those which are objectionable in that they contravene public policy. This exact difficulty arose in two of the present cases. The Miller Court found that it could not determine whether willful burning of a draft card was speech; nevertheless it was punishable. …
Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson
Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson
Cleveland State Law Review
Proof of actual malice, or even establishing that an attack in ridicule bears no relation to public conduct, seems at best, extremely difficult to bring out. The public interest in protecting itself, through criticism of those in prominence, weighs much more heavily on the scales of justice than does the interest of public figures in protecting themselves from personal attack. So go ahead and draw your cartoons, Conrad. Keep sticking pins in the kewpie dolls of America, Art Buchwald. And tell it like it is, Pogo.
Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan
Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan
Cleveland State Law Review
A recent Federal District Court case , Grove Press, Inc. v. Collector's Publication, Inc., illustrates another attempt by our judiciary to find its way out of the immense entanglement of copyright infringement in statutory law and unfair competition in common law besetting properties in the public domain. Two 1964 United States Supreme Court decisions have further complicated the positions of both creators and judiciary.
Credibility Gap In Judicial Review Of Administrative Determinations, Morris D. Forkosch
Credibility Gap In Judicial Review Of Administrative Determinations, Morris D. Forkosch
Cleveland State Law Review
The increasing credibility gap in, and judicial review of, administrative determinations is a resultant of agency and judicial misunderstanding and language. Briefly, an examiner's intermediate report ordinarily evaluates the witnesses' demeanor, conduct, believability and credibility before accepting as true certain of their testimony, upon which findings of fact may now be based. Subsequently, the agency has the opportunity to exercise its statutory power to adopt, modify, or reject these findings. Thereafter, on judicial review, the court's whole record approach takes into account as a factor and scrutinizes any examiner agency disagreement as to findings of fact in determining whether substantial …
Book Review, Philip J. Bourne
Book Review, Philip J. Bourne
Cleveland State Law Review
Reviewing Charles Kramer, The Negligent Doctor, Crown Publishers Inc., 1968
Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey
Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey
Cleveland State Law Review
Small corporations generally belong to a trade association which allows them to increase their proficiency in and knowledge of their industry. As a possible solution to the problem of increasing legal service requirements this paper investigates the suitability of allowing these trade associations to provide legal services to member corporations.
Punitive Damages Against Shipowners, Arthur E. Miller
Punitive Damages Against Shipowners, Arthur E. Miller
Cleveland State Law Review
Much of our national maritime policy is deep-rooted in the body of American admiralty law. Traditionally, Congress and the courts of admiralty have viewed the merchant seaman as within their protective custody because of the inherent danger of his calling and the unique status of his contract of employment. To encourage shipbuilding and develop the American Merchant Marine, similar protection has been extended to the shipowner by enabling him to limit his financial risks in the event of disaster. Conversely, the concept of punitive damages finds no statutory support in our maritime law and has been so seldom awarded as …
Arbitration As A Remedy In Labor Disputes, William F. Powers
Arbitration As A Remedy In Labor Disputes, William F. Powers
Cleveland State Law Review
The object of arbitration is the final disposition of the dispute in a non-technical, less expensive and more expeditious manner, by persons having expertise in labor management relations. Labor arbitration should not be categorized as a substitute for litigation.
Pollution, Law, Science, And Damage Awards, Thomas M. Schmitz
Pollution, Law, Science, And Damage Awards, Thomas M. Schmitz
Cleveland State Law Review
Today, air and water pollution resemble the loathsome albatross which is constantly vexing mankind. If they are not removed they may eventually destroy all life on the earth. Not unexpected, therefore, is the current public outcry against all environmental pollution, raising such questions as, "How far do we go in sacrificing the pleasantness of everyone's surroundings for the short term economic gains of a relative few?" Accordingly, promulgation of the concept that "Polluters-Must-Pay" is long overdue.
Management's Liability For Defamation In Proxy Statements, Morton L. Berg
Management's Liability For Defamation In Proxy Statements, Morton L. Berg
Cleveland State Law Review
The Securities Exchange Act of 1934 specifically provides for a dual system of regulation over securities and persons by both state securities commissions and the SEC, provided that the state authority does not conflict with the Exchange Act or consequent rules and regulations. However, there is no direction given in the Act or its rules as to whether federal pre-emption will be applied when a Commission rule attempts to abrogate the state's common law of defamation.
Labor Union Group Legal Service For Members, Eugene Green
Labor Union Group Legal Service For Members, Eugene Green
Cleveland State Law Review
The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.
Aesthetics And The Police Power, Robert J. Dicello
Aesthetics And The Police Power, Robert J. Dicello
Cleveland State Law Review
Under the Ohio Constitution municipalities have the authority to exercise all powers of local self-government. This authority is exercised through police power which is sufficient to support the enactment and enforcement of a wide variety of regulations which serve the public welfare. The police power, then, is the means whereby there is delegated by the state to the municipality effective power to promote and protect the general welfare. The purpose of any enforceable ordinance established under the police power must be directly related to the general welfare of the community wherein it operates.
Public Employees' Right To Strike, Marc J. Bloch
Public Employees' Right To Strike, Marc J. Bloch
Cleveland State Law Review
In a society which demands constantly increased services from its government, work stoppages in the public sector are cause for growing concern. Public employees are involved in myriad of service jobs. Yet, public employees are the largest group of employees in Ohio who lack basic labor rights.
Book Review, Carl D. Hamilton
Book Review, Carl D. Hamilton
Cleveland State Law Review
Reviewing Martin Mayer, Emory Buckner, Harper & Row, 1968
On Legal Writing, Albert P. Blaustein
On Legal Writing, Albert P. Blaustein
Cleveland State Law Review
Virtually all legal writing is atrocious! This is true about (a) statutes and administrative regulations; (b) judicial opinions and agency rulings; (c) trial papers and appellate briefs; (d) office memoranda and opinion letters; (e) annotations and digest paragraphs; and (f) law treatises and legal articles. It is even true (especially true?) about articles on legal writing. This is a serious matter. For the ramifications of bad legal writing are very costly-in time, in money and, indeed, in the very quality of life. Working to improve legal writing is no frivolous exercise.
Book Review, Carroll H. Sierk
Book Review, Carroll H. Sierk
Cleveland State Law Review
Reviewing Law in a Changing America, Prentice-Hall Inc., 1968
The Military And The Law, James K. Gaynor
The Military And The Law, James K. Gaynor
Cleveland State Law Review
Military law is the law which governs members of the Armed Services and, to some extent, the relations of other persons with the Armed Services. Military law often is thought of as synonymous with court-martial, but that is not correct. The number of people who will be involved in a court-martial during a year-either as an accused, or as one having duties in connection with a court-likely will be less than two percent of any large military organization. Members of the military service, however, are involved with military law every day in the year. It governs the way in which …
Broker-Dealer Disclosure Of Corporate Inside Information, James K. Weeks, Jeffrey V. Mccormick
Broker-Dealer Disclosure Of Corporate Inside Information, James K. Weeks, Jeffrey V. Mccormick
Cleveland State Law Review
The recent decisions in the field of securities transactions do not significantly change the legal standards, but they do create an increased awareness of the problems and the limits imposed upon the financial community. It is well established now that a broker's duties to the investing public take precedence over any conflicting duties to his customers or advisees to whom he only owes a duty not to defraud them or profit at their expense. The broker further has a duty to prevent his clients from profiting at the expense of the uninformed public.
The Student And Law School Governance, Ralph F. Bischoff
The Student And Law School Governance, Ralph F. Bischoff
Cleveland State Law Review
At a recent meeting of a university Board of Trustees, discussion centered on three problems-perhaps one should say three aspects of one problem-the solution to which will affect the university and its role in our quickly-changing society. I refer, of course, to the violence of a few student extremists who are disrupting the normal activities of the university, to the new emphasis on a Black student separatist movement and to student demands for responsibility in the governance of the university. Of the three, the latter is clearly the most important; its solution should aid in solving the difficulties created by …
A Few Words About Law Teaching, Robert A. Leflar
A Few Words About Law Teaching, Robert A. Leflar
Cleveland State Law Review
The purpose of these few paragraphs will be to look for a quick moment at the law teacher's job as it appears both in retrospect and prospect to one whose law school teaching spans more than forty years and whose fortunate experience at working with other jobs in the law has given him reason to appreciate mightily the happy chance that led him as a youth into the teaching branch of the legal profession.