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Articles 1 - 30 of 61
Full-Text Articles in Law
Agency Problems In Motor Carrier Cases, Craig Spangenberg
Agency Problems In Motor Carrier Cases, Craig Spangenberg
Cleveland State Law Review
Some special considerations apply to the problems of agency in cases involving motor carriers. The questions here presented are viewed in the light of the operating practices which obtain in the industry. Relatively few tractor-trailer or truck trailer outfits are owned by the certified carrier. The equipment is usually owned by an individual, who may drive it himself as an owner-driver; or may hire his own driver and lease the equipment and driver together to the carrier. The lease may be for a single movement only, covering one trip from a stated origin to a stated terminal; or may be …
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing Harry A. Gair and A.S. Cutler, Negligence Cases: Winning Strategy, Prentice-Hall, Inc., 1957 and Leon Green, Wex S. Malone, Willard H. Pedrick, James A. Rahl, Cases on the Law of Torts, West Publishing Company, 1957
Book Review, Howard L. Oleck
Book Review, Howard L. Oleck
Cleveland State Law Review
Reviewing Welcome D. Pierson, Editor-in-Chief, Defense Law Journal, Allen Smith Co., 1957 and The Defense Attorney and Basic Defense Tactics, Bobbs-Merrill Co., 1956
Tax Aspects Of Jury Valuation Of Future Earnings, John J. Kennett
Tax Aspects Of Jury Valuation Of Future Earnings, John J. Kennett
Cleveland State Law Review
Whether or not a jury should be instructed, in a personal injury case, that its verdict is exempt from federal income taxation, has been much discussed recently. A most practical element in this problem is the difference between "gross pay" and "take-home pay" in computing the present value of future earnings, when estimating damages. The real question presented by the topic concerns impairment, or deprivation, of future earning capacity. Some of the early English cases which I shall mention considered earnings lost between the time of injury and the time of trial, in addition to the impairment of future earning …
Reforms Needed In Negligence Practice, Howard L. Oleck
Reforms Needed In Negligence Practice, Howard L. Oleck
Cleveland State Law Review
Negligence lawyers now often are classed with criminal lawyers, in public opinion, as the "black sheep" of the legal profession. In the minds of many average Americans, there is something vaguely disreputable about lawyers who specialize in plaintiffs' personal injury practice. Nor is defense practice deemed to be without blemish. That public opinion now is so well established, rightly or wrongly, that it no longer can be ignored.
Appeasement Of Tort Claimants, S. Burns Weston
Appeasement Of Tort Claimants, S. Burns Weston
Cleveland State Law Review
Justice does not always mean that a case should be tried. By the same token, justice does not always mean that every case should be settled without trial. One of our difficulties is that too often there is more interest in the expedient settlement of differences between litigants than in a judicial determination of rights according to principles of law.
Product Warranty Liability, Lee E. Skeel
Product Warranty Liability, Lee E. Skeel
Cleveland State Law Review
Much has been said about the liability of a manufacturer to a sub-purchaser for injuries caused by his products. Actions against manufacturers, if based on the theory of negligence, offer obvious difficulties of proof. Actions based on implied or even express warranties often are defeated by lack of contract privity. There is however, a widespread misconception of the true nature of warranty. This misconception must result in unjust decisions in some cases. It therefore is desirable that the true nature of warranty be analyzed. Such analysis may disclose the proper relation of an express or implied warranty to the injury …
Justice Is Not Just A Word, Oscar Hunsicker
Justice Is Not Just A Word, Oscar Hunsicker
Cleveland State Law Review
Every civilized society, from the earliest dawn of history, has had some men set apart from the other members of the clan, tribe, province, state or nation, to decide controversies and issues of fact according to the best wisdom they possessed. They were (and are) the wise men of their time and age. They were and are the law men.
Book Review, Paul E. Jacobs
Book Review, Paul E. Jacobs
Cleveland State Law Review
Reviewing Richard F. Gonda, J. Arlen Marsh and Ivan W. Louis, eds., 565 Industrial Compensation Cases, Industrial Publ. Corp.
Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey
Radiation Injury: A Technical And Legal Survey, Andrew J. Humphrey
Cleveland State Law Review
In the field of radiation damage much has been written and many scientific opinions have been given. As to legal decisions,there is much to criticize from a technical point of view in the early X-ray cases, particularly in regard to the leeway allowed to physicians in treating their patients through use of a new tool. The following survey is intended to serve to give to the lawyer a basic working knowledge of the subject of radiation. With this, plus knowledge of general principles of law, common sense should enable him to get his client's point across to the judge and …
Psychotic Aspects Of Premenstrual Tension, Naoma Lee Stewart
Psychotic Aspects Of Premenstrual Tension, Naoma Lee Stewart
Cleveland State Law Review
What legal conclusions may be drawn from the newly developing medical understanding of premenstrual tension in women, insofar as mental competency and criminal law are concerned? That is the subject of this paper.
Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor
Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor
Cleveland State Law Review
This paper deals with court decisions on liability claims for injuries to the mind rather than for broken bones alone. This subject now is as important to practitioners and students of the law as it long has been to medical men. Much medical knowledge is now reflected in new interpretations by the courts, so that today the legal fact is established that a person's emotional security as well as his physical security must be protected and compensated. The author's purpose is to focus attention on the developments of recent years as well as those of earlier times, and to demonstrate …
Continuing Jurisdiction In Divorce Cases, Otto Miller Iii
Continuing Jurisdiction In Divorce Cases, Otto Miller Iii
Cleveland State Law Review
This paper discusses whether or not a divorce court, by granting a continuing order for support and/or alimony, thereby retains such jurisdiction over the person that it need only give notice by mail or publication before reducing an arrearage to a lump sum judgment which, under "due process" is entitled to full faith and credit in the courts of sister States. It is assumed that the court had jurisdiction over the person of the defendant at the time the order for support and/or alimony was originally granted.
Medical Evaluation Of Mental Pain And Suffering, Carl E. Wasmuth
Medical Evaluation Of Mental Pain And Suffering, Carl E. Wasmuth
Cleveland State Law Review
What the attorney calls "mental pain and suffering" and emotional disturbance is identified by the physician as stress, a concept easier to appreciate than to define. The term was probably borrowed from the language of the engineer. Selye, the chief proponent of the term in medicine, employs it to describe the effects of external influences upon the human mind and body. The lawyer seeking damages for his client on the basis of mental and emotional disturbances (mental "pain and suffering") finds proof difficult. Until the sciences supply an accurate measure of mental and emotional disturbances due to stress, the legal …
Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart
Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart
Cleveland State Law Review
The scope of possible legal problems involved in the existence of this physical and mental dysfunction caused by premenstrual is very wide. For the sake of brevity the writer would like to separate the discussions of criminal and civil responsibility, and make this initial study one which is specifically limited to the civil rights and liabilities of women involved in automobile accidents. It is emphasized that the effects of premenstrual tension in torts are not as clearly pertinent as they are in crimes. But they are pertinent.
The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell
The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell
Cleveland State Law Review
This article is written on behalf of the many trauma patients and their trial attorneys who discover to their horror, that their important medical witness - the "attending" doctor, - suffers from "Globus Hystericus". It is hoped that this paper may prove to be the elusive Rx to cure some difficulties raised by those few physicians (and yet there are too many) who hide their fear of the witness chair behind lame excuses, or even behind flat refusals to testify.
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Cleveland State Law Review
Ohio's adoption statutes have always been under the close scrutiny of the courts, the legislatures and society. Their main purpose is to promote the welfare of adopted children, as well as to protect them. However, in their zeal to create a close relationship between the child and the adopting parent, the legislatures of several states, including Ohio, have attempted to sever the connection of blood relationship, in favor of the adopting parents. In the process they sometimes have cut off the right of inheritance between the child and the natural parent. A review of several recent cases indicates that this …
Book Review, Marcella Matejka
Book Review, Marcella Matejka
Cleveland State Law Review
Reviewing Alpheus Thomas Mason, Harlan Fiske Stone: Pillar of the Law, The Viking Press, 1956
Book Review, Heinz Gasser
Book Review, Heinz Gasser
Cleveland State Law Review
Reviewing Howard L. Oleck, Damages to Persons and Property, Central Book Company, 1957
Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.
Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.
Cleveland State Law Review
Control exercised by the federal civil courts over courts-martial differs from that found in other types of cases involving the relation of federal and state courts. The federal civil courts are constitutional courts; the military courts are administrative courts established by Congress and empowered by the Constitution; while state courts receive their power from entirely different sovereigns. Thus, to determine the powers of review which federal civil courts have over courts-martial, reference must be made almost exclusively to cases involving courts-martial.
Wills Can Be Made Unbreakable, Ellis V. Rippner
Wills Can Be Made Unbreakable, Ellis V. Rippner
Cleveland State Law Review
So many will contest cases have been filed in the courts in recent years that it almost seems that whenever a will provides for distribution other than in the manner in which the property would descend in the event of intestacy, the probability of a will contest is present. This article will suggest methods by which a client can be given added assurance that his desires will be fulfilled. There are two aspects to consider: first, those methods which we can employ prior to the death of the testator; and second, the precautions we should use in preparing the will.
Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe
Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe
Cleveland State Law Review
The office of the Attorney General of Ohio was established by the Constitution of 1851 in Article XII, Section 1. The duties of the Attorney General and the functions of the Office are prescribed by statute. That places the Attorney General as the last of our statutory officers in Ohio. The Attorney General, if there was any before the Constitution of 1851, served at the pleasure of the Governor as a legal advisor. And some of the things I shall say later reflect the importance of making this a Constitutional office, thus putting a different light on the function of …
Prepare Your Plaintiff For Direct Testimony, A.H. Dudnik
Prepare Your Plaintiff For Direct Testimony, A.H. Dudnik
Cleveland State Law Review
The purpose here is to project to the reader an appreciation of the vital importance of proper preparation of the plaintiff for trial. What is sought to be suggested is a "technique" which is adaptable to the abilities of every practitioner of law, and one which quite probably will be more instrumental in the successful culmination of his lawsuit than any other single factor in that lawsuit.
Constitutional History Of Ohio Appellate Courts, Lee E. Skeel
Constitutional History Of Ohio Appellate Courts, Lee E. Skeel
Cleveland State Law Review
The right of appeal, using the word appeal in the broad sense now given it in the Appellate Procedure Act of Ohio, contemplates the removal of a case after judgment or final order, from a court of inferior jurisdiction to a court of higher jurisdiction, in the judicial process for retrial or review. Appeal, particularly on questions of law, is not the procedure intended to be depended on in the first instance to win a lawsuit. Appellate courts were provided in order to protect against trial court mistakes which result in substantial prejudice, or in the denial of justice to …
Discipline By Teachers In Loco Parentis, Don R. Bridinger
Discipline By Teachers In Loco Parentis, Don R. Bridinger
Cleveland State Law Review
This article attempts to survey the legal aspects of one problem of modern American schools - the problem of discipline and control of pupils.
Causation: A Medico-Legal Battlefield, Albert Averbach
Causation: A Medico-Legal Battlefield, Albert Averbach
Cleveland State Law Review
In the court room, the trial lawyer strives to introduce medical testimony as to the cause of a condition or disease. Resort in many instances is made, through a hypothetical question to a non-attending physician, as to whether or not the accident described was a competent cause of a later-described or assumed condition, or "might," "could, "would," or "was" competent to have caused it. A great conflict exists in the various states as to the permissible range of inquiry in such cases, depending upon the particular jurisdiction's interpretation of the requirement that medical opinions must be reasonably certain or reasonably …
Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise
Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise
Cleveland State Law Review
While the mechanism of sudden forceful flexion or extension of the neck producing injuries to the ligaments bones, and nerves of the neck has long been known, the term "whiplash injury" appears not to have been used in the medical literature until 1945 when it was first used by Davis. In his paper he analyzed 134 injuries of the cervical spine resulting from automobile accidents. Since then the term has been used to designate injuries to the neck or cervical spine which result from sudden forward or backward motion of the head, excluding the obviously catastrophic injuries resulting in complete …
Building Up To An Awful Let-Down, Robert J. Knorr
Building Up To An Awful Let-Down, Robert J. Knorr
Cleveland State Law Review
In modem construction, theoretically the duties, liabilities and warranties of those involved in a construction project ordinarily are broken down thus: The owner agrees to furnish the funds; the architect-engineer contracts to furnish experience, know-how, design, engineering plans, specifications, and supervision to assure the owner that he will receive what he requires and pays for; while the contractor agrees to furnish skilled labor,and proper material for the job. However, in actual practice, especially where the owner engages one firm to furnish the architectural drawings, specifications and supervision; another to do the necessary engineering design of the structural elements of the …
Whiplash - Defense Counsel's View, Harley J. Mcneal
Whiplash - Defense Counsel's View, Harley J. Mcneal
Cleveland State Law Review
Many words have been spoken and written on the controversial subject of whiplash injuries of the cervical spine. However, no papers have been noted which discuss the problem from the viewpoint of the defense trial attorney. From a defense standpoint, some of the medical phrases or words used by doctors today have devastating psychological effects upon jurors trying personal injury cases. The word "whiplash" is one of these "coined" words. Thus, while it is conceded that medical men are only trying to define particular injuries with preciseness, the constant use and repetition of such words or terms cause the average …
Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris
Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris
Cleveland State Law Review
On July 18, 1956, the Supreme Court of Ohio handed down its decision in the case of Avellone v. St. John's Hospital, reversing nearly fifty years of Ohio law and repudiating the limited immunity doctrine as it had heretofore existed. This monumental decision raises two questions of extreme importance which seem to be left unanswered and which will unquestionably be the subject of further litigation. Those questions are: 1. Is the scope of the Avellone decision limited solely t ohospitals or are all charities deprived of immunity? 2. Has Ohio adopted the New York Rule?