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Full-Text Articles in Law
A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar
A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar
Cleveland State Law Review
There has been more than a five-fold increase in the number of life sentences in the United States over the past four decades. One in seven prisoners in the United States is serving a life (or virtual) life sentence. This amounts to over 200,000 prisoners. The increase has occurred against the backdrop of near universal condemnation by scholars and public policy advocates – many of whom are now advocating for the abolition of life sentences. Arguments that life sentences are not an effective deterrent or means of protecting the community have some merit. Yet, we argue that in a limited …
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Cleveland State Law Review
The automobile insurance industry is up in arms after a decade of consumer friendly Ohio Supreme Court decisions. The insurance industry and commentators have noted the trend of judicial activism in interpreting insurance contracts. These decisions have been overwhelmingly in favor of consumers and against insurance companies. The Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is another consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts. This note walks through the Holt case, starting at the trial court level and working up through the Ohio …
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
The Law Of Interspousal Immunity In Ohio, James L. Deese
The Law Of Interspousal Immunity In Ohio, James L. Deese
Cleveland State Law Review
The purpose of this note will be to discuss Ohio's current position on interspousal immunity as well as the problems that are created by the retention of that doctrine.
The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen
The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen
Cleveland State Law Review
At this point I am going to advance a proposition. It is an analytic proposition, not an empirical statement, and relates to what characteristics a society must possess in order to maintain a flourishing rehabilitative ideal. Then I shall try to test that proposition by looking at two very different societies in which the rehabilitative ideal flourished. Finally, I shall ask whether those conditions are satisfied in modem America. My proposition is in two parts. First, you cannot have a flourishing rehabilitative ideal unless the society as a whole has a strong faith in the malleability of human behavior and …
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. …
Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz
Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz
Cleveland State Law Review
The logic and validity of the public policy argument that to require insurance companies to pay punitive damages would place a burden upon the innocent insurance carrier, and ultimately the public itself, is weak and indefensible. The concern for not wanting to punish the insurance carrier, an innocent party, is not logical since any insurance company is an innocent party. The involvement is based on the contractual relationship of indemnification. If an insurance company does not wish to indemnify for punitive damages, then it should specifically exclude such coverage in the policy. In the absence of such a specific exclusion, …
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
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.
What Should Be In A Malpractice Insurance Policy, Sidney Franklin
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.
Charitable Immunity: The Plague Of Modern Tort Concepts, Ronald M. Lipson
Charitable Immunity: The Plague Of Modern Tort Concepts, Ronald M. Lipson
Cleveland State Law Review
It is the purpose of this paper to analyze the grounds upon which charitable institutions have been granted immunity from tort liability, to consider changing conditions and concepts affecting immunity, and finally, to discuss the extent to which the immunity exception should be abandoned.