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Articles 1 - 30 of 63
Full-Text Articles in Law
The Credit Union Act Of Ohio, Rathuel L. Mccollum
The Credit Union Act Of Ohio, Rathuel L. Mccollum
Cleveland State Law Review
The Act governing credit unions incorporated under Ohio law is vague on numerous pertinent matters. Many of the statutory provisions are unreasonable, and some of them are meaningless for all practical purposes. It is the purpose of this article to discuss in detail various portions of the Act, in the light of actual experience in credit union work.
Automation's Impact On Industrial Safety, Donald F. Harrington
Automation's Impact On Industrial Safety, Donald F. Harrington
Cleveland State Law Review
Automation has been variously described as a diabolical scheme of management, as a second industrial revolution, and as merely the next step in the slow evolution away from the "sweat shops" of the past. None of these definitions is completely wrong and none is completely right. As with most concepts that threaten to change existing social and economic patterns, its appraisal depends largely on how it will affect the one making the appraisal. Its importance in law lies chiefly in its impact on safety standards.
Book Review, Andrew R. Field
Book Review, Andrew R. Field
Cleveland State Law Review
Reviewing Harold Klorfein, Estates in Expectancy, Simmons Boardman Publishing Corporation, 1958
Ftca In A Nutshell, Orville J. Weaver
Ftca In A Nutshell, Orville J. Weaver
Cleveland State Law Review
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. United States, the United States Supreme Court stated: "The purpose of the Federal Tort Claims Act was to waive the government's traditional all encompassing immunity from tort action and to establish novel and unprecedented governmental liability." This legislation does not create a new cause of action, but merely means that the United States is liable for certain negligent acts in the same manner as is anyone else.
Diagnosis And Treatment Of The Modern Backache, A. W. Humphries, C. E. Wasmuth
Diagnosis And Treatment Of The Modern Backache, A. W. Humphries, C. E. Wasmuth
Cleveland State Law Review
There are two reasonably clear-cut forms of backache that lend themselves to a reasonably straight-forward form of treatment. These are (1) the ruptured intervertebral disc and (2) the degenerated intervertebral disc. In both instances, once a diagnosis can be reasonably made, treatment is at first conservative, and this form of treatment frequently issuccessful. In the absence of success, an operative procedure is available which offers reasonable hope of correction of the difficulty.
Are Evening Law Schools Better Than Day Schools, William Samore
Are Evening Law Schools Better Than Day Schools, William Samore
Cleveland State Law Review
In the field of legal education, there long has been a certain myth-the myth of the natural superiority of day law schools over evening law schools.
Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis
Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis
Cleveland State Law Review
Sympathetic Dystrophy or causalgia (pain) is a disability following traumatic injury. It consists of burning pain, glossy sweating, skin changes, and exquisite tenderness caused by tissue damage involving the sympathetic nervous system. Treatment consists of "blocking" the sympathetic nerves to the area by injecting drugs or by surgical repair. As the item of "pain and suffering" always is a major factor in a lawyer's estimate of the proper amount of a damage award, the medical analysis here presented is of wide interest and utility to lawyers as well as to physicians.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing David Fellman, The Defendant's Rights, Rinehart & Co., Inc., 1958
Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz
Therapeutic Approach To Divorce Proceedings, Marcus G. Raskin, Sanford N. Katz
Cleveland State Law Review
The concept of fault -the placing of blame on one party- has no place in the therapeutic approach to divorce cases. If we consider the concept of fault in a different sense, namely, misconduct contributing to the disruption of the marital relation, then the concept becomes workable. The marriage counselor's primary function is not to determine which party's misconduct has caused the discord. The therapeutic approach is based on a relational misconduct. That is, it applies when both parties are responsible for the breakup. The aim of the therapeutic approach is not to "reward the innocent and punish the guilty." …
American Courts Face The Future, Bernard Botein
American Courts Face The Future, Bernard Botein
Cleveland State Law Review
Our system of justice can never be perfect, but lately its imperfections have seemed to loom larger and deeper than formerly. Change is the rule of life, and the fast-moving events of today underline the failure of our legal system to keep pace. The law should be deliberate and not commit itself to new patterns without full consideration-but deliberation is a far cry from stagnation, and when the world moves, the law must move. The Bar and the Bench are the custodians of the country's judicial system and because of their experience and expertise we would expect them to be …
Regulatory Responsibility In The Atomic Energy Program ( A Symposium), Paul C. Aebersold, W. A. Kitts, Frank Norton, George E. Thoma Jr.
Regulatory Responsibility In The Atomic Energy Program ( A Symposium), Paul C. Aebersold, W. A. Kitts, Frank Norton, George E. Thoma Jr.
Cleveland State Law Review
The regulatory actions taken by federal, state and local governments will exert a great impact on the present and future development of the civilian atomic energy program. All are aware of the tremendous potential that atomic energy holds for mankind. All are equally aware, on the negative side, of the potential radiation hazards associated with the use of radiation and radioactive materials. These hazards must be controlled so that the full realization of atomic energy benefits may be enjoyed.
The Lawyers' Function Today, Nathaniel R. Howard
The Lawyers' Function Today, Nathaniel R. Howard
Cleveland State Law Review
This is the substance of the graduation address delivered by the writer at the June 1958 Commencement of Cleveland-Marshall Law School. If today's students of the law had engaged in their same study 600 years ago, the law then taught to them and believed by them would have included some principles, precedents, decrees, and even primary statutes which they have embraced in the year of Our Lord 1958.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Giles Playfair and Derrick Sington, The Offenders, Simon and Schuster, 1958
Justice Delayed Is Injustice, Wendell A. Falsgraf
Justice Delayed Is Injustice, Wendell A. Falsgraf
Cleveland State Law Review
Recently, the Cleveland Bar Association created a committee of lawyers and laymen to study the problem of delays in our court system objectively and to make recommendations, both interim and permanent in character, aimed at reaching an eventual solution. Such a study must determine first what the extent of the delay in litigation is - the number of months elapsing between the filing of a case and its adjudication. Second, what the goal is - the number of months which properly should elapse. Third, why litigation is delayed beyond a reasonable time. Fourth, what can be done immediately and over …
Acute Tax Neuroses, Lawrence Bloomenthal
Acute Tax Neuroses, Lawrence Bloomenthal
Cleveland State Law Review
The major cause of acute taxitis is the mental and physical turmoil arising from accusations by the Revenue Service that false and fraudulent returns have been filed with intent to evade taxes. The three most common means by which tax evasion is discovered are: (1) routine audit-spot checks and surveys; (2) tips from informers in hopes of receiving sizeable rewards,or by jealous neighbors or disgruntled employees; (3) newspaper publicity about marriages, trips, home purchases, robberies, real estate and business transactions.
The Mallet Finger Injury, Donald R. Pratt
The Mallet Finger Injury, Donald R. Pratt
Cleveland State Law Review
Mallet finger is a permanent deformity caused by injury to the distal phalanx of a finger. Commonly seen in industrial accidents and in baseball players, the extending tendon is pulled off the bone of the terminal phalanx. Treatment consists of simple splinting (illustrated) in mild trauma, or surgical intervention when large bony fragments have been pulled off. If left untreated, some degree of drop finger ultimately develops. This disability varies in degree. Joint stiffness and deformity may result. A method of surgical treat- ment of more severe injuries is described.The chief importance of this injury, to the lawyer, is in …
Prenatal Injuries, Andrew L. Johnson Jr.
Prenatal Injuries, Andrew L. Johnson Jr.
Cleveland State Law Review
Our courts have been increasingly perplexted by the question of whether or not an infant should have a right of action for personal injuries negligently caused to its body prior to birth. Stated another way, does an infant while in its mother's womb have an interest in the freedom from invasion of its bodily security equivalent to and commensurate with that of a person already born?
Anglo-American Legal History, Joseph A. Cox
Anglo-American Legal History, Joseph A. Cox
Cleveland State Law Review
In this swiftly moving age, with its revolutionary advances in so many diverse fields of activity, it is well to pause and reflect upon the Role of the Law in American life. Unfortunately, in our pre-occupation with daily chores, we miss the trees for the forest, for to a large extent the Lawyer's time is taken up with private interests which, while important to the individual, do not touch the great and vital issues affecting the community. Yet no Lawyer can have any real pride in his profession unless he has the capacity for interpreting to himself and to his …
Book Review, Robley D. Evans
Book Review, Robley D. Evans
Cleveland State Law Review
Reviewing Milton Derber and Edwin Young, Labor and the New Deal, University of Wisconsin Press, 1957
Book Review, Theodore Samore
Book Review, Theodore Samore
Cleveland State Law Review
Reviewing Karl Loewenstein, Political Power and the Government, University of Chicago Press, 1957
Tax Advantages Of Retirement Plans, Sheldon M. Young, Martin Silverman
Tax Advantages Of Retirement Plans, Sheldon M. Young, Martin Silverman
Cleveland State Law Review
A great many factors have been responsible for the phenomenal growth of retirement plans in the United States since 1930 - not the least of them being the impetus given to the establishment of pension plans as a result of labor negotiations initiated by unions after the Inland Steel decision of1949, wherein the National Labor Relations Board ruled that pensions were a proper subject of collective bargaining. Most authorities, however, recognize that high corporate and personal income tax rates, and broad beneficial tax privileges accorded to recipients of benefits under such programs are largely responsible for the adoption of these …
Book Review, Lee E. Skeel
Book Review, Lee E. Skeel
Cleveland State Law Review
Reviewing Joy Seth Hurd and Bert H. Long, Ohio Trial Evidence, W.H. Anderson Co., 1957
Elimination Of Railroad Grade Crossings, John M. Heffelfinger
Elimination Of Railroad Grade Crossings, John M. Heffelfinger
Cleveland State Law Review
Why do federal, state and local agencies fail to bend every effort towards the elimination of all important grade crossings at railroads? With present day traffic, both on the railroads and on the highway, and the fine roads coupled with the motorist's desire to save time, every crossing is an important factor in our daily lives and the safety of our people. One of the main obstacles to progress is probably the fact that the entire law concerning grade crossing separations is in a state of chaos. The purpose of all this critical comment is to lay the groundwork for …
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing William B. Wright, The Federal Tort Claims Act, Central Book Company, Inc., 1957
Book Review, Norman E. Mcintyre
Book Review, Norman E. Mcintyre
Cleveland State Law Review
Reviewing Alfred Avins, The Law of AWOL, Oceana Publications, 1957
Due Care In Drafting Real Property Descriptions, Dean T. Lemley
Due Care In Drafting Real Property Descriptions, Dean T. Lemley
Cleveland State Law Review
A long, detailed description may be exasperating to the engineer, attorney, or title examiner when preparing and checking the deed, but it is not nearly so exasperating as is a long, detailed, and expensive law suit to the client. Identity of land is the sole purpose of the description, and the authorities are endless that nothing will pass by a deed except what is described in it, whatever the intentions of the parties may have been.
Medicolegal Aspects Of Industrial Noise, Meyer S. Fox
Medicolegal Aspects Of Industrial Noise, Meyer S. Fox
Cleveland State Law Review
Occupational hearing loss may be defined as a hearing impairment in one or both ears, partial or complete, arising in, during the course of, or as the result of one's employment. It can occur suddenly as the result of one's employment. It can occur suddenly as the result of a traumatic injury, intense blasts or explosions, or gradually due to prolonged exposure to excessive noise levels. Hearing losses resulting from blows, blasts, or explosions, as well as from foreign objects and burns, have usually been compensated under schedule of accidental injuries. Industrial noise hearing loss is the accumulative loss of …
Book Review, Joy Seth Hurd
Book Review, Joy Seth Hurd
Cleveland State Law Review
Reviewing Lee E. Skeel, Skeel's Appellate Law, Practice and Forms, (A Complete Ohio Appellate Manual), Banks Baldwin Co., 1958
A Radical New Income Tax Plan, Donald E. Twitchell
A Radical New Income Tax Plan, Donald E. Twitchell
Cleveland State Law Review
T. Coleman Andrews former Commissioner of Internal Revenue, has embarked upon a campaign to abolish the income tax. J. Bracken Lee, Governor of Utah, has refused to pay part of his income tax as a protest against foreign economic aid. A Constitutional Amendment to limit the income tax to 25% was seriously considered a short time ago. Governor Lee's heroic gesture probably must be dismissed as a defiant skirmish in the perennial protests of isolationists. Though less spectacular, Andrews' views are much more significant because he will gain much sympathy from people who may never consider how they would fare …
A Study Of Fatal Trauma, Earl B. Sanborn
A Study Of Fatal Trauma, Earl B. Sanborn
Cleveland State Law Review
Treatment of the complications of the injured patient is frequently more important than the injury itself. Such complications as shock, traumatic wet lung, atelectases, etc., are a direct result of the injury. Patients may suffer obvious severe trauma, only to die of the unrecognized and untreated complication. Postmortem examinations establish the nature, extent and effect of trauma-i.e., causation, from the lawyer's as well as the physician's point of view.In all cases of death following traumatic accident, the lawyer should investigate the unapparent as well as the obvious injuries; ordinarily by use of autopsy. In a surprising number of cases inadequate …