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Articles 1 - 30 of 70
Full-Text Articles in Law
Book Review, William Harvey Wiest
Book Review, William Harvey Wiest
Cleveland State Law Review
Review of Current School Problems, Edited by William Carroll, Practising Law Institute, 1969
Book Review, Avery S. Friedman
Book Review, Avery S. Friedman
Cleveland State Law Review
White Racism and the Law, Lois B. Moreland, Charles E. Merrill Publishing Co., 1970
Old And New Type Bar Exams, Melvin Nord
Old And New Type Bar Exams, Melvin Nord
Cleveland State Law Review
Bar exams are intended to protect the public by insuring that only competent persons are licensed to practice law. What comprises competency, however, is a difficult question to answer; and how competency is to be determined is even more difficult. As with most difficult questions, the usual approach has been simply to ignore them and "play it by ear." The result has been bar exams in many states which are of marginal value to the public and which have at the same time been extremely unfair to the applicants.
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Cleveland State Law Review
It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …
Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz
Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz
Cleveland State Law Review
The real reason for this article is found in the recognition that good law is generally a guide to good conduct. School people ought to know as much about what the law dictates in respect to conduct toward children under their supervision as they know about the teachings of psychology. Before getting directly into the discussion, it seems appropriate to stress that there is nothing in tort law which makes teachers or admin- istrators the insurers of the safety of children. Accidents will continue to happen which cause injury to children in school. If, however, the teacher or administrator has …
Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak
Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak
Cleveland State Law Review
The original registration of land titles act was adopted by the Ohio legislature in 1896.1 Commonly known as "the Torrens Law" 2 or "the land registration law" 2 in this and the other states where it has been promulgated, it comprises Chapters 5309 and 5310 of the Ohio Revised Code (ORC). These statutes are not to be confused with the general recording laws of the state which apply to the recording of instruments conveying, encumbering, or otherwise affecting title to real property. The basic difference between the two is that under the Torrens Law the title to land is registered, …
Book Review, Glenn E. Billington
Book Review, Glenn E. Billington
Cleveland State Law Review
Review of Democracy and the Student Left, George F. Kennan, Little, Brown and Company, Boston, Mass. 1968
June 1971 News Of Legal Writers, Ralph D. Churchill
June 1971 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Editors of the Cleveland State Law Review are gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking, particularly this year, to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and …
Abuse Of Process - A Misunderstood Concept, Charles G. Bretz Jr.
Abuse Of Process - A Misunderstood Concept, Charles G. Bretz Jr.
Cleveland State Law Review
The courts of Ohio have said that there is no difference between an action for abuse of process and one for malicious prosecution. Other jurisdictions likewise have had trouble distinguishing the two torts. Apparently, this is because the term has been used to describe a variety of dissimilar situations which are alike only in that there has been actionable injury as a result of the improper use of a legal process. To a lesser extent, the confusion may also have resulted from the varying terms used to describe the two actions, coupled with the imprecise use of the terms by …
Malpractice Actions Without Expert Medical Testimony, William P. Gibbons
Malpractice Actions Without Expert Medical Testimony, William P. Gibbons
Cleveland State Law Review
Fear of malpractice actions against them is causing physicians to "run scared." Some physicians now say that they feel that the threat of legal action has materially altered the practice of medicine. Defensively, some medical doctors say that they are ordering additional X-rays and lab tests, just to have them on record. Others say they are just plain afraid to try new techniques and diagnostic treatments because of the specter of a malpractice action. Innovative techniques carry additional risks, and some doctors admit that in some risky situations they merely do what will keep them out of trouble rather than …
Impact Trauma As Legal Cause Of Cancer, Donald J. Ladanyi
Impact Trauma As Legal Cause Of Cancer, Donald J. Ladanyi
Cleveland State Law Review
Consider the following hypothetical situation: A voluptuous blonde is window shopping along New York's fashionable Fifth Avenue. Her trek brings her to a corner street intersection which she begins to cross. A recklessly driven automobile careens around the corner and strikes the defenseless blonde pedestrian amidships, causing her to be hurled against a utility pole. Her breast strikes the pole and absorbs the full effect of the impact. A local hospital determines that her injuries consist of only a black and blue bruise spot on her breast. The swelling, due to the injury, subsides and the discoloration disappears within a …
Damages From Slip And Fall Injuries, Gibson B. Witherspoon
Damages From Slip And Fall Injuries, Gibson B. Witherspoon
Cleveland State Law Review
The doctrine of assumption of risk as applied to icy sidewalks and store entrances contain the following elements: (1) Knowledge and appreciation of the danger, (2) The existence of a reasonable alternative route; (3) A voluntary election to encounter danger.
Regulation Of Pharmaceutical Advertising, Anthony S. Zito Jr.
Regulation Of Pharmaceutical Advertising, Anthony S. Zito Jr.
Cleveland State Law Review
Federal trade commission regulation of pharmaceutical advertising is a subject of considerable current interest. The criteria for determining the acceptability of these advertisements are still evolving, and a definitive set of rules has not yet been fully articulated. Nevertheless certain trends are developing.' One of the major objectives of this paper is to predict the ultimate form of these rules.
Early 1970 News Of Legal Writers, Ralph D. Churchill
Early 1970 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Editors of the Cleveland State Law Review are gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking, particularly this year, to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and …
Punitive Damages In Wrongful Death, Gary N. Holthus
Punitive Damages In Wrongful Death, Gary N. Holthus
Cleveland State Law Review
Punitive damages, also known as exemplary damages, smart money, or vindictive damages, are damages awarded to a plaintiff on a finding of malicious, fraudulent, willful, wanton, or reckless conduct by a defendant, indifferent to the rights and safety of others. The purpose of exemplary damages is to protect the public from reckless, willful acts and to punish the wrongdoer
Threats As Criminal Assault, Ranelle A. Gamble
Threats As Criminal Assault, Ranelle A. Gamble
Cleveland State Law Review
Early in its history, the common law found it imperative to acknowledge and define an individual's interest in his personal integrity, physical safety and mental tranquility. The law formulated the legal rules of assault to protect this particular interest when it is wrongfully interfered with by another.' In this latter half of a nerve-wracking twentieth century, it is becoming necessary to revive the early concepts of common law assault, and under certain circumstances, to redress abusive and insulting language. Any principle of common law, particularly one concerned with the control of human behavior, has social implications, and such principle, whether …
The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak
The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak
Cleveland State Law Review
This article is limited to the "mere evidence rule" as enunciated in Gouled v. United States; a brief historical sketch of the genesis of the search warrant; the two landmark decisions leading to Gouled; and, an overview of its impact upon American law, with reference to major landmark decisions. A thorough study of the rule and its application and interpretation in the various courts of the United States is book-length in proportion, as the numerous case entries under Gouled in the several editions of Shepard's United States Citations clearly illustrate. Wigmore provides a fairly comprehensive listing of decisions on illegal …
Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew
Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew
Cleveland State Law Review
"Due process" is an elusive concept. "It is not a mechanical instrument. It is not a yardstick. It is a process." "Its exact boundaries are undefinable, and its content varies according to specific factual contexts. . . . Whether the Constitution requires that a particular right obtain in a specific proceeding depends upon a complexity of factors. The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." The layman's conception that due process is a conglomerate of technicalities is simply wrong. Due …
Proprietary Mentality And The New Non-Profit Corporation Laws, Howard L. Oleck
Proprietary Mentality And The New Non-Profit Corporation Laws, Howard L. Oleck
Cleveland State Law Review
New York's New "Not-For-Profit Corporation Law" statute is likely to increase the abuse of non-profit status by many persons who pretend to be governed by altruistic motives but who actually are motivated mainly by the desire to enrich themselves.-That is the unpalatable thesis of this paper.
Book Review, Walter Greenwood
Book Review, Walter Greenwood
Cleveland State Law Review
This entry reviews Law Without Order: Capital Punishment and the Liberals by Bernard Lande Cohen. The book's scope encompasses criminal law in both the United States and Canada. Cohen argues that the excessive liberalism that followed the elimination of capital punishment has caused murder rates and other crimes to increase.
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Cleveland State Law Review
Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …
Book Review, Joyce Barrett Krebs
Book Review, Joyce Barrett Krebs
Cleveland State Law Review
Dr. Jay Ziskin's Coping with Psychiatric and Psychological Testimony argues that statements from psychological "experts" should not be accepted as admissible evidence in a court of law.
Book Review, Richard F. Gonda
Book Review, Richard F. Gonda
Cleveland State Law Review
The reviewer discusses Points of Rebellion by William O. Douglas. This text identifies a myriad of issues that plague the United States including poverty, prejudice, pollution, and inequitable laws. According to Douglas, the source of these problems are the elite in America, which he calls "the Establishment."
Character Evidence And The Juvenile Record, Terrence N. O'Donnell
Character Evidence And The Juvenile Record, Terrence N. O'Donnell
Cleveland State Law Review
When a youngster makes a mistake and is arrested for committing a crime, should that act, committed while he is still a juvenile, appear and reappear, to haunt the offender for the rest of his life? There are some people in this country who say that we are not tough enough with our young people. But even they would not want the life of a young person marred forever by a mistake which he made as a juvenile.
Homosexuals In The Teaching Profession, Neal G. Horenstein
Homosexuals In The Teaching Profession, Neal G. Horenstein
Cleveland State Law Review
What is the status of the homosexual in the teaching profession? What are the problems in obtaining authorization to teach, or applying for a teaching position, and the effects of exposure as a homosexual on job security?
Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle
Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle
Cleveland State Law Review
The doctrine of in loco parentis and the right of the teacher to inflict corporal punishment has a long history of acceptance. The doctrine itself has survived for centuries with no serious challenges to its validity or acceptability. The doctrine states that a teacher stands in the place of the parent and has the right to discipline his students, including the right to inflict corporal punishment for reasonable cause and in a reasonable manner. The basis of the doctrine is an assumption of the delegation of parental authority and an assumption of the correctness of the teacher's actions. A direct …
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Cleveland State Law Review
Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.
Implied Warranty Of Habitability In Leases, Ira O. Kane
Implied Warranty Of Habitability In Leases, Ira O. Kane
Cleveland State Law Review
This paper will discuss (and take issue with) the position of a significant number of American courts which have held that there is no warranty of habitability implied in a lease. It will demonstrate the failure of many courts in this country to improve the common law rule, which has proven unrealistic in light of current legislative housing standards and building codes.
Chiropractors As Expert Medical Witnesses, Ronald J. Zele
Chiropractors As Expert Medical Witnesses, Ronald J. Zele
Cleveland State Law Review
This paper examines the rules of evidence concerning the admissibility of testimony of chiropractors as expert medical witnesses.
Habeas Corpus In Peru: Myth And Reality, H. H. A. Cooper
Habeas Corpus In Peru: Myth And Reality, H. H. A. Cooper
Cleveland State Law Review
The purpose of the present article is not to criticize the laudable project of those whose object is to secure better protection for fundamental human rights, but rather to examine in detail the theory and practice of habeas corpus in one Latin American country, Peru, and to demonstrate that the greatest encroachments on human rights come not from political tyranny, as is popularly imagined, but from the malfunctioning of the legal system itself, against which even the most perfectly conceived habeas corpus is quite ineffective. It is trite but true that a legal system is only as effective as the …