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Articles 1 - 30 of 69
Full-Text Articles in Law
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
Cleveland State Law Review
The problem of suicide is a prominent public health problem in this country. Physicians and hospitals have an obvious concern, as do the law courts, where actions for wrongful death and negligence may involve suicide as a result of a tortious act. This paper will restrict comment to the principles and application of present law as to the responsibility of the psychiatric hospital and the psychiatrist and a discussion of some of the applicable psychiatric factors.
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Cleveland State Law Review
This paper was intended as a contribution to the study of psychiatry, and especially institutional psychiatry, as a form of social control. More specifically, I have sought to present further evidence in support of the thesis that the relationship between the involuntarily hospitalized mental patient and his psychiatrist (s) is commonly antagonistic rather than cooperative in nature. The conception of a "mental illness," as essentially similar to a bodily disease, serves to obscure the many exceedingly significant socio-economic, legal and ethical aspects of forced mental hospitalization.The patient's lawsuit for release, and the psychiatric superintendent's appeal that he be permitted to …
Concrete Forms Of Intellectual Property, Robert J. Fay
Concrete Forms Of Intellectual Property, Robert J. Fay
Cleveland State Law Review
The field of intellectual property as treated in this paper encompasses mental products of industrial importance: inventions or discoveries, literary or artistic works, trade secrets,and distinguishing trademarks or trade names used in commerce. Each of these is characterized by mental activity followed by embodiment in some concrete form. Protection in a measure for the originator is found both in the statutes and in common law.
Book Review, Rathuel Mccollum
Book Review, Rathuel Mccollum
Cleveland State Law Review
Reviewing International Problems of Financial Protection Against Nuclear Risk, Atomic Industrial Forum, Inc., 1959
Book Review, Theodore Samore
Book Review, Theodore Samore
Cleveland State Law Review
Reviewing F.S.C. Northrop, The Complexity of Legal and Ethical Experience; Studies in the Method of Normative Subjects, Little, Brown & Co., 1959
Book Review, Stanley E. Harper Jr.
Book Review, Stanley E. Harper Jr.
Cleveland State Law Review
Reviewing The Law Schools Look Ahead, 1959 Conference on Legal Education, University of Michigan Law School, 1959
Statutory Protection Of Intellectual Property Rights, Richard G. Smith
Statutory Protection Of Intellectual Property Rights, Richard G. Smith
Cleveland State Law Review
As intellectual property is an intangible, its identification and protection under legal process provides peculiar problems. Presently, intellectual property is protected primarily by statutory provisions, as the methods provided by common law have inherent frailty. For exemplary purposes, this exposition will be concerned solely with the problems arising from the domain of invention and discovery and the application of the provisions of the patent laws.
Book Review, Ford L. Noble
Book Review, Ford L. Noble
Cleveland State Law Review
Reviewing David Fellman, The Limits of Freedom, Rutgers University Press, 1959
An Appraisal Of Competency, Henry Davidson
An Appraisal Of Competency, Henry Davidson
Cleveland State Law Review
Competence is the ability to handle business affairs with ordinary prudence. It is a legal not a medical formula, and in a sense, it must be defined negatively. Every one is assumed to be competent. If you think some one is incompetent, you must prove it. He does not have to prove that he is competent. Therefore, the formula is a criterion of incompetency not competency. To declare a person incompetent, these findings must coexist: 1. He has a mental disorder. 2. This causes bad judgment. 3. Because of the bad judgment, the patient either: (a) Squanders his money or …
Food Additives: Legal Recognition Of A Scientific Problem, Robert E. S. Post
Food Additives: Legal Recognition Of A Scientific Problem, Robert E. S. Post
Cleveland State Law Review
Food additives could create one of the nicest legal problems that courts have ever had to face. We are not concerned with theories of negligence, warranty, privity, or statutory interpretation as it applies to any of these three concepts. The real problem is twofold: establishment of harm arising from the presence of an additive or additives; and establishment of a judicial policy to contemplate the fact that, if and when such harm does befall someone, it will happen in spite of the utmost good faith on the part of the manufacturer, and in the face of legislative and administrative authorization …
Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum
Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum
Cleveland State Law Review
Organized research and planned invention by highly trained specialists are now fundamental parts of the American scene. Invention-to-order has become "big business" with all of its ramifications. The purpose of this article is to analyze some of the legal problems associated with inventions and patents that come into being as a result of scientific research.
Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae
Disclosure Of Specific Types Of Ideas: Misappropriation, Homer C. Mcrae
Cleveland State Law Review
Normal procedure in attempting sale of a valuable idea is for the claimant to offer his idea for sale to the recipient who usually will refuse to buy it until disclosure. Then, after disclosure, the recipient may or may not promise to pay for the idea if he uses it. In either case, the recipient may use the idea later, perhaps in a modified form, and refuse to compensate the claimant.
Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm
Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm
Cleveland State Law Review
Among the significant aspects of property or "ownership" are the rights to determine the use of it and the right to dispose of it. What has been referred to as "intellectual property," if it may truly be referred to as property, must therefore be capable of becoming the subject matter of agreements of various kinds-licenses, contracts and assignments. The lawyer is consequently concerned with applicability of the law of contracts as well as of the law of property to intellectual property.
Hospital Privileges Revisited, Irwin N. Perr
Hospital Privileges Revisited, Irwin N. Perr
Cleveland State Law Review
It is the opinion of this writer that the laws relating to hospital privileges basically are sound and in the public interest.There is no clear reason to overthrow the accumulated wisdom of the last hundred years. American hospitals have become the best in the world because of the freedom with which they have been allowed to function. This does not militate against the constant march for improvement. As can be seen, there are cases where individuals are handicapped in their use of hospitals.These situations reflect social problems, not defects in existing laws which, like our Constitutional rights, sometimes are somewhat …
Book Review, Janet Eterovich
Book Review, Janet Eterovich
Cleveland State Law Review
Reviewing Judge Francis Emmett Williams, Lotteries, Laws and Morals, Vantage Press, Inc., 1958
Book Review, Raymond L. Shilling
Book Review, Raymond L. Shilling
Cleveland State Law Review
Reviewing Fred A. Mettler, The Medical Sourcebook, Little, Brown and Company, 1959
Civil Liberties And The Mentally Ill, Thomas S. Szasz
Civil Liberties And The Mentally Ill, Thomas S. Szasz
Cleveland State Law Review
Here are two basic ways in which a person may assume the social role of "mental patient." First, it may be assumed voluntarily, meaning that the role is self-defined. Second, it may be foisted upon a person against his will. This means that a person may be defined as "mentally ill" by someone other than himself. This definition, then, if properly implemented, may become generally accepted or socially verified. I shall limit myself here to calling attention to certain ethical and legal aspects of the psychiatrist's involvement with the second class of "mentally ill" patients.
Tax Subchapter S Becomes Clearer, Edward M. Greenwald
Tax Subchapter S Becomes Clearer, Edward M. Greenwald
Cleveland State Law Review
Since the addition of Subchapter S to the 1954 Internal Revenue Code in 1958, many articles have been written on the interpretation and application of the provisions of this Chapter to various factual situations. At the time of their publication, the final Regulations and pertinent Internal Revenue Service Rulings on the subject had not been promulgated. The subsequent promulgation and issuance of these Regulations and Rulings, therefore, had the effect of abrogating many of the proposals which had been advocated in these articles. These Regulations and Rulings did not answer all of the questions, and until such time as there …
Protection Of Patents And Trademarks Abroad, Norman St. Landau
Protection Of Patents And Trademarks Abroad, Norman St. Landau
Cleveland State Law Review
This article is intended to point out succinctly some of the problems that the United States practitioner not versed in foreign practice may have to consider. Specific laws and specific manuals involving practice in various countries abroad, as well as many articles, have been presented frequently by others. There are, however, a number of points in connection with protection of industrial property abroad which cannot be overemphasized, but which we try to outline briefly.
Engineering Patent Agreements, Donald F. Harrington
Engineering Patent Agreements, Donald F. Harrington
Cleveland State Law Review
An analysis of recent cases indicates that no major changes have taken place in the interpretation of patent law since the earlier decisions. The underlying philosophy of the courts seems to be that an employer has an almost absolute right in the inventions of its employees if it is in the scope of their employment,if they are hired to invent, or if an express assignment agreement for future inventions exists. In most of the other cases outside this area, the great majority of the courts have at least held that the employer was entitled to the shop right. There has …
Discovery Of Medical Records, Margaret Mazza
Discovery Of Medical Records, Margaret Mazza
Cleveland State Law Review
Medical evidence is employed by plaintiffs chiefly to prove the causation and extent of personal injury damages, while defendants try to prove the slightness or lack of causal connection in such claims. Many types of medical reports are kept which may be used to substantiate the allegations of either party in personal injury actions. Of primary importance are the reports of physicians and hospitals, and reports upon the voluntary or compulsory examination of the plaintiff.
The Judicial Process, Lee E. Skeel
The Judicial Process, Lee E. Skeel
Cleveland State Law Review
The judicial process is that technique by which coherent direction of thought on the basic principles of social rights and duties is made available for judicial officers. It is the duty of such officers diligently to seek out the rules which must be used as the bases of judgment. The sources from which they must seek help are as wide and varied as the sum total of past and present human experience.
Book Review, C. Richard Andrews
Book Review, C. Richard Andrews
Cleveland State Law Review
Reviewing C. Herman Pritchett, The American Constitution, McGraw-Hill Book Company, Inc., 1959
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Administrator's View Of Doctor-Lawyer-Hospital Relations, Thomas Hale Jr.
Cleveland State Law Review
In the September 1959 issue of the Cleveland-Marshall Law Reivew, Mr. Howard Oleck, Assistant Dean and Professor of Law of the School, has written an article discussing the legal relationships of physician, lawyer, and hospital administrator. While he addresses himself primarily to the legal relationships between these three groups, his article also concerns itself to some extent with the professional and administrative relationships involved. The article then goes on to discuss the case of Morwin v. Albany Hospital, and certain conclusions are drawn from the author's interpretation of this case which he applies to the "triangle" of doctor, lawyer, and …
Lawyer Meets Forensic Pathologist, George E. Hall
Lawyer Meets Forensic Pathologist, George E. Hall
Cleveland State Law Review
Forensic medicine is that part of medical science which is employed by the legal authorities for the solution of legal problems. Theoretically all branches of medicine may be included in this definition, for the law has used them all when need has arisen, and any doctor who testifies in court in his professional capacity can be considered a practitioner of legal medicine. The forensic pathologist is a trained pathologist who concentrates his efforts on the investigation of deaths which have occurred as result of violence or under suspicious circumstances.
Birth Control Legislation, Jack H. Hudson
Birth Control Legislation, Jack H. Hudson
Cleveland State Law Review
In summary, it would seem that sociologists have given the birth control problem a new dimension. What was once a subject fit only for the Victorian drawing rooms of intellectuals is now being given a public hearing, with all of its political, moral,and economic aspects being aired. It would be interesting to note, however, how many of the people who are being apprised of the problems of expanding birth rates and decreasing death rates are aware of the archaic legislation that governs the use of birth control devices in our own country. For example, do advocates of a policy of …
Needed-Uniform Utility Rate Laws, Robert E. Loew
Needed-Uniform Utility Rate Laws, Robert E. Loew
Cleveland State Law Review
This study consists of an analysis of the statutory standards, court decisions, and utility commission decisions used in fixing telephone or other utility rates, where the same are used regardless of the nature of the utility, in each of fifty-one jurisdictions in the United States.
Book Review, Carl E. Wasmuth
Book Review, Carl E. Wasmuth
Cleveland State Law Review
Reviewing Paul David Cantor, Traumatic Medicine and Surgery for the Attorney; Vol. I - The Traumatic Problem, Central Book Co., 1959
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
Cleveland State Law Review
It is the purpose of this paper to show that the requirements made on psychiatry have not changed in the least since the application of the Durham Rule. It will be shown that now and in the future as before, the demonstration of the development and the dynamics of the mental processes is what the psychiatrist has to offer. Questions of guilt are not in his province. Now as before this latter remains the prerogative and obligation of the finders of fact, not of the experts.
Forensic Psychiatry In Switzerland, Anton Harder
Forensic Psychiatry In Switzerland, Anton Harder
Cleveland State Law Review
Forensic Psychiatry, like political, legal, esthetic, and oftentimes, religious practices, is part of the selfrealizationof a nation. In this way, different countries arrived at different and varying solutions to social problems. Although Switzerland is a small state (5.27 million people per 41,300 square kilometers) in the heart of Europe, she, nevertheless has succeeded in going her own way in Forensic Psychiatry.