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Full-Text Articles in Law

Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley Jan 1965

Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley

Cleveland State Law Review

To what extent do voluntary non-profit associations have the right (a) to deny admission to membership, and (b) to expel existing members? Space does not permit discussion of all the ramifications of these two questions and some limitation of scope becomes necessary. The theme selected has been the "civil rights" aspect of the problem; more specifically, the right, in certain areas, to be protected against racial and religious discrimination, and the privilege to exercise the ordinary rights of citizenship, such as the right of free speech, of petition, of voting, of resort to the courts, and to employment.


Trade Secret Piracy, Martin A. Levitin Jan 1965

Trade Secret Piracy, Martin A. Levitin

Cleveland State Law Review

In their handling of trade secret cases, courts should take care that they do not make the discoveries of corporate research unprotectable and of insufficient value to warrant further private research expenditure. On the other hand, they must take care not to bar engineers and scientists from changing jobs, as a punishment for their own productivities and abilities-a modern form of intellectual involuntary servitude.


Group Representation By Attorneys As Misconduct, Richard M. Markus Jan 1965

Group Representation By Attorneys As Misconduct, Richard M. Markus

Cleveland State Law Review

This article is intended to consider the future of group retainers in light of the conflicting views of proponents and opponents. Attention will first be given to the "Canons of Professional Ethics" which affect this subject and the judicial decisions interpreting them. Next, an attempt will be made to evaluate the effect of the Supreme Court Brotherhood case, and other related decisions, upon the Canons. Finally, an effort will be made to anticipate the prospects of group legal service with a view towards implementing or modifying present standards.


Law And Childhood Psychological Experience, C. G. Schoenfeld Jan 1965

Law And Childhood Psychological Experience, C. G. Schoenfeld

Cleveland State Law Review

In an effort to help lawyers identify (and possibly change) that which in the law may reflect unduly the influence of early childhood, this paper will detail certain psychoanalytic discoveries concerning the first few years of childhood and will try to suggest wherein traces of these early years may have played a part in helping to mold the law.


Relationships Of The Medical Examiner, Cyril H. Wecht Jan 1965

Relationships Of The Medical Examiner, Cyril H. Wecht

Cleveland State Law Review

Having set forth these relatively simple definitions, I should like to make a rather bold statement that perhaps will find disagreement among some attorneys and physicians. With all due respect to the many skilled and competent men who are active in various aspects of legal medicine and medical jurisprudence, I would suggest that no one field is so intrinsically and unqualifiedly bound up in the practice of legal medicine as is the work of the medical examiner. Again reverting to definitions, the medical examiner is one who deals on a full-time professional basis with cases that in almost all instances …


Nature Of The Problem Of Police Brutality, Robert J. Bowers Jan 1965

Nature Of The Problem Of Police Brutality, Robert J. Bowers

Cleveland State Law Review

To properly appraise the oft-bruited problem of police brutality, one should first consider how investigatory duties came to devolve upon the police in the United States.


Due Care By Physicians In Use Of New Drugs, Edward T. Haggins Jan 1965

Due Care By Physicians In Use Of New Drugs, Edward T. Haggins

Cleveland State Law Review

How careful must a physician be in using new drugs on his patients? Before discussing these questions, we must look at three problems: (1) What role does the physician play in the new drug picture? (2) What are some of the new drugs and their side effects, and (3) What steps must a new drug go through before it is placed on the market for public consumption?


Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks Jan 1965

Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks

Cleveland State Law Review

There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.


Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan Jan 1965

Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan

Cleveland State Law Review

This note concerns the issues which the courts, both state and federal, have considered in proffering the cloak of immunity to minor public officers, and the current trends toward the extension, narrowing or maintenance of the doctrine of immunity.


Statutory Regulation Of Hypnosis, James T. Brennan Jan 1965

Statutory Regulation Of Hypnosis, James T. Brennan

Cleveland State Law Review

Hypnotism and state hypnotists caused quite a stir in the first quarter of the Twentieth Century. Several of the existing statutes on hypnotism were passed at that time. Then, for about a quarter of a century, hypnotism was legislatively forgotten. Recently, pressure groups in the form of hypnotic, psychological, psychiatric and medical societies have been lobbying for legislation prohibiting hypnotism by laymen. As the hypnotist vote isn't very large, the activities of these pressure groups have been ignored for the most part. Statutes on hypnotism generally seek either to regulate stage hypnotism, the hypnosis of minors, or medical use of …


Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale Jan 1965

Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale

Cleveland State Law Review

This article will examine the liability of an attorney for an incorrect opinion where the complainant is not the attorney's client. It will also give special consideration to the problem of giving advice on the law of a jurisdiction other than the attorney's own state.


Book Review, Jacob M. Fridline Jan 1965

Book Review, Jacob M. Fridline

Cleveland State Law Review

Reviewing Robert F. Keeton, Legal Cause in the Law of Torts, Ohio State University Press, 1963


State Attorney General - Guardian Of Public Charities, Robert L. Gray Jan 1965

State Attorney General - Guardian Of Public Charities, Robert L. Gray

Cleveland State Law Review

In 1954, the National Conference of Commissioners of Uniform State Laws, having recognized the need for legislation in this area, published the Uniform Supervision of Trustees for Charitable Purposes Act, which was similar to the New Hampshire law. As has been stated, California soon passed the uniform act. Iowa (1959), Michigan (1961), Illinois (1961), and Oregon (1963) have since passed the uniform act. There are slight variations in the versions passed by the above states, but the general effect of their laws is the same. While the legislatures of these states have provided the law,they have not always provided the …


Special Law For Medical Specialists, Bernard R. Koehne, James G. Young Jan 1965

Special Law For Medical Specialists, Bernard R. Koehne, James G. Young

Cleveland State Law Review

We do not question the need for, or the benefits of specialization, but rather point to some of the confusion which results, in legal cases involving the medical specialist. The apparent contradiction that appears in proceedings involving specialists is illustrated by two cases where the patient's heart stopped beating while on the operating table.


Common Problem In Administration Of Decedents' Estates, Daniel F. Carmack Jan 1965

Common Problem In Administration Of Decedents' Estates, Daniel F. Carmack

Cleveland State Law Review

Probably the worst pitfall in the administration of decedent's estates is the fact that the law relating to it has so few pitfalls. As opposed to workmen's compensation practice, for example, the statutes covering administration and the devolution of decedent's property are relatively all-inclusive. There is a statute to cover most situations, and if the lawyer will read them, he will probably do a creditable job in most situations. This encourages the average practitioner to think of probate practice as an opportunity to shoot fish in a barrel, and get well paid for doing it. As we shall see, there …


Initial Impressions Of The Treasury Report On Foundations, Marcus Schoenfeld Jan 1965

Initial Impressions Of The Treasury Report On Foundations, Marcus Schoenfeld

Cleveland State Law Review

Very recently in the United States Treasury Department submitted its study of private foundations to Congress. This is the most recent development in an attempt to delineate the proper role of foundations and their donors in our society, and more particularly their proper tax treatment. Although it is much too soon to predict the effect of the Treasury Report, since Congress itself asked for the study, it is quite likely that some more restrictive legislation will result.


Disciplinary Proceedings By The S. E. C. Against Attorneys, Paul J. Kemp Jan 1965

Disciplinary Proceedings By The S. E. C. Against Attorneys, Paul J. Kemp

Cleveland State Law Review

The securities and exchange commission, created by Section 4 (a) of the Securities Exchange Act of 1934, has from its earliest days proclaimed its right to determine who may appear before or transact business with it in a representative capacity and in Rule 2 (e) of its present Rules of Practice has reserved to itself the right, in its discretion, to "deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to any person who is found by the Commission after notice of and opportunity for hearing in the matter (1) not to possess the …


Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer Jan 1965

Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer

Cleveland State Law Review

Many cases deal with the use of Federal tax returns in non-tax cases. The inherent danger in subjecting tax returns to discovery at pre-trial and admission at trial, is the unnecessary disclosure of confidential information. Yet, when income tax returns are material and relevant to the claims of the parties litigant, a contention of privileged communication should not be used to defeat justice.


The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin Jan 1965

The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin

Cleveland State Law Review

In Ohio the Attorney General shall appear in any court or tribunal in which the state is interested. The common law interpretation of the duties of the Attorney General regarding charitable trusts in the state of Ohio has been supplanted by statutory law which is enumerated in Sections 109.23-109.33 of the Ohio Revised Code, often referred to as the Charitable Trusts Act.


Positive Handling Of The Negative X-Ray, Lawrence V. Hastings Jan 1965

Positive Handling Of The Negative X-Ray, Lawrence V. Hastings

Cleveland State Law Review

Defense counsel usually pounce on "negative" x-rays, i.e., ones which show little or no change from before to after the accident. They triumphantly parade admissions from medical witnesses that "the x-rays in the case are totally negative," before a jury which is enormously impressed through abysmal ignorance of what x-rays can and do show. Thus, the problem facing counsel for the injured party is how most persuasively to acquaint the jury with means of properly evaluating x-rays in view of their significant attributes and their deficiencies. Plaintiff's counsel must somehow explain the purpose of x-rays, augment their limited information, and/or …


Abuse Of Attorneys By Judges, Francis G. Homan Jr. Jan 1965

Abuse Of Attorneys By Judges, Francis G. Homan Jr.

Cleveland State Law Review

Popular notions have it that almost all misconduct in the courtroom is attributable to attorneys. Yet many practitioners before the bar have suffered abuse by members of the judiciary. How frequently this occurs is not known, but sometimes incidents of non-judicial conduct are revealed in other than case reports.


Hyperbaric Medicine And The Law, Carl E. Wasmuth, John Homi, Donald E. Hale Jan 1965

Hyperbaric Medicine And The Law, Carl E. Wasmuth, John Homi, Donald E. Hale

Cleveland State Law Review

With the construction of such sophisticated facilities as the hyperbaric chamber now contemplated, it might be well to seek out possible legal pitfalls in the application of high pressure oxygen equipment in the treatment of suspected or proved diseases in the human. A comprehensive discussion of the law as it applies to hybaroxia must include design, manufacture, installation, inspection, and use of the facility involved, also, the liability of the manufacturer, of the hospital, and of the physician. Legal literature reveals few cases in which these facets of the law have been discussed with special regard to the hyperbaric facility., …


Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz Jan 1965

Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz

Cleveland State Law Review

The deposition plays an important role in the modern-day practice of law. The enormous backlog of cases in the courts requires preservation of precious testimony during the long wait prior to trial. In addition, the deposition is a valuable tool in evaluating a case, especially during settlement negotiations. Finally, the deposition is a prime means of discovering vital information. The notary public presides at the deposition, and is invested with quasi-judicial powers, including the power to punish for contempt. This paper will briefly survey both the procedural aspects of the deposition and the quasi-judicial power of the notary public.


Hospital Privileges, Bernard D. Herring Jan 1965

Hospital Privileges, Bernard D. Herring

Cleveland State Law Review

Almost daily, judicial decisions are handed down, affecting the practice of medicine. As a consequence the rights and responsibilities of physicians are in a state of flux. We must remain vigilant and view these changes critically but objectively, realizing that there will be a constant need for evaluation of these changing legal concepts, especially as they relate to staff privileges, for such privileges are in no small way associated with such highly volatile subjects as procedural fairness, restraint of trade, religious freedom, and racial discrimination.


What Should Be In A Malpractice Insurance Policy, Sidney Franklin Jan 1965

What Should Be In A Malpractice Insurance Policy, Sidney Franklin

Cleveland State Law Review

The malpractice insurance policy, also known as Professional Liability Policy, should precisely delineate the coverage, whether partnership or individual, the exact period of the coverage, the exclusions and limitations, the type of practice, the exact premium and the cancellation procedure.


Conspiracy Of Silence, Richard M. Markus Jan 1965

Conspiracy Of Silence, Richard M. Markus

Cleveland State Law Review

The requirement that independent expert medical testimony establish the proper standard of care and the defendant's failure to meet that standard imposes an almost insurmountable obstacle in many cases. The so-called conspiracy of silence has been recognized, as a matter of judicial notice, by courts in New Jersey, California, and elsewhere. The use of that phrase to describe the unavailability of medical witnesses has particularly dramatic force which impresses a court and jury. However, no apt phrase could detract from the reality of this practical problem which faces an attorney representing a client seeking damages from a physician for professional …


Foreseeability In American And English Law, Harry G. Fuerst Jan 1965

Foreseeability In American And English Law, Harry G. Fuerst

Cleveland State Law Review

Foreseeability is "the ability to see or know in advance, hence, the reasonable anticipation that harm or injury is the likely result of acts or omissions." In order to determine culpable negligence and establish the right to recover for a wrong, there must be a sequence of events like concatenation, or a series of united events like the links of a chain, called proximate cause. The definition of proximate cause is, "that cause which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred."


Insurance Companies' Liability For The Acts Of Agents, Kenneth Montlack Jan 1965

Insurance Companies' Liability For The Acts Of Agents, Kenneth Montlack

Cleveland State Law Review

The formerly prevalent view that a party to an insurance contract is bound by his representations in all respects has been modified. Today, an increasing variety of acts or declarations by the insurance agent will shift the liability to the insurance company. The company is held to be estopped from pleading the insured's contract violations which were due to the actions of the insurer's agents. Because the general rules of agency apply to insurance agents, the company is responsible for those acts of a licensed agent performed within the scope of his authority.Thus the two problem areas in determining the …


Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold Jan 1965

Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold

Cleveland State Law Review

Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.


Reasonable Fee And Professional Discipline, William C. Romell Jan 1965

Reasonable Fee And Professional Discipline, William C. Romell

Cleveland State Law Review

The question propounded by this article is - what exactly is the "reasonable" fee, and conversely under what conditions may a fee be adjudged so unreasonable that the legal profession may administer justifiable discipline to the attorney charging such a fee?