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Articles 1 - 30 of 54
Full-Text Articles in Law
Insurance Questions In Voir Dire, Kenneth S. Kabb
Insurance Questions In Voir Dire, Kenneth S. Kabb
Cleveland State Law Review
The scope of this article includes the voir dire examination in the federal courts, primarily in civil cases. The questions to be considered are: (1) how is the voir dire examination to be conducted; (2) what are the limitations imposed on the trial judge, counsel, and the parties with respect to the manner and conduct of the questioning; (3) what is the allowable scope of questions that may be asked prospective jurors; and (4) what will constitute reversible error, and who has the burden of proof.
Error In Omitting "Or Die" After A Testamentary Gift Of Income To Widow, Anthony A. Morano
Error In Omitting "Or Die" After A Testamentary Gift Of Income To Widow, Anthony A. Morano
Cleveland State Law Review
The purpose of this essay is to consider the problems posed by a hypothetical omission of the words "or dies" from a typical testamentary gift of income to a surviving spouse during widowhood. While it is sincerely hoped that no one will have need of it, the writer wishes to record the products of his research and analysis just in case it may assist some blushing brother's future search for the consequences of that most painful of errors-the rare, unique mistake that no one before has made.
Legal Perils Of Parody And Burlesque, Thomas Paul Demeter
Legal Perils Of Parody And Burlesque, Thomas Paul Demeter
Cleveland State Law Review
Parody and Burlesque as art forms, and their conflicts with the rights of the holder of the original copyrighted work, are subjects of interest to both the layman and the lawyer. To analyze the status of this conflict, several areas must be explored. The following discussion includes a consideration of the current copyright law as it applies to parody and burlesque, a history of parody and burlesque as a literary form, and significant United States cases dealing with the problems of the conflict.
Accoutants' Liability To Third Parties, Robert Stern
Accoutants' Liability To Third Parties, Robert Stern
Cleveland State Law Review
The legal relationships within the accounting profession are currently in a state of uncertainty caused by both internal and external forces. Due to fairly recent developments of the law widening the breadth and scope of its potential liability, the accounting profession, in an effort to more precisely define and clarify its moral and legal duties, "is deeply involved in a great debate over how precisely accounting principles should be defined and how rigidly enforced." Some spectacular lawsuits recently ". . . tend to reflect the growing responsibilities and hazards of the accounting profession in an age of increasingly complex international …
Medical Witness' Treatment By Courts, Monroe E. Trout
Medical Witness' Treatment By Courts, Monroe E. Trout
Cleveland State Law Review
An attempt has been made to review what the courts have recently said about medical witnesses and their testimony. Many questions can be asked about particular decisions, and indeed, an entire article could be written about individual cited cases. The only purpose of this paper is to review the recent decisions in order to give you a panoramic view of the type of questions which the courts are being asked to answer about the medical witness and his testimony.
Damages In Wrongful Death Actions, Stanley B. Kent
Damages In Wrongful Death Actions, Stanley B. Kent
Cleveland State Law Review
It is an ancient truth that the tort law is amoral in the sense that the degree of culpability of the defendant, assuming, of course, there is any culpability at all, is not a factor in determining damages. Nowhere is this better illustrated than in wrongful death cases where the jury is admonished to fix damages solely on the basis of the "pecuniary injury" that the survivors suffered as the result of the death.' Although this instruction represents the application to death cases of the compensation theory that is so familiar in ordinary injury cases, it seems almost inhumane in …
Workmen's Compensation Denied: A Reply, Harold Ticktin
Workmen's Compensation Denied: A Reply, Harold Ticktin
Cleveland State Law Review
A reader of the January 1968 Symposium on Workmen's Compensation in the Cleveland-Marshall Law Review would be badly misled if he took the titles of the two articles by Messrs. Krise and Keller at face value.' While purportedly about appeals and recommended changes in the Ohio Workmen's Compensation law, these articles are in fact attacks on attorneys who represent claimants in workmen's compensation controversies.
Fair And Reasonable Attorney Fees, Jack Griesmar
Fair And Reasonable Attorney Fees, Jack Griesmar
Cleveland State Law Review
The beginning of each attorney and client relationship places the attorney in a position of having to determine the worth of his service for the particular work required of him, in order that he may do the "job" for this particular client. The attorney has invested a great deal of time and expense in developing his skills in the area of the law. He is given the right to charge for the service which he can render by the state or states in which he is licensed to practice his trade. The question then presents itself: What is a fair …
Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams
Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams
Cleveland State Law Review
Ordinarily, there is a legally enforceable right to recover damages for libelous statements. On the other hand, newspapers enjoy a constitutionally guaranteed right of free press. Free press however is not synonymous with a license to libel and newspapers normally stand in no better position than any other member of the community in defense of libel suits.
Book Review, Neil K. Evans
Book Review, Neil K. Evans
Cleveland State Law Review
Reviewing Jacob W.Landynski, Search and Seizure and the Supreme Court, Johns-Hopkins Press, 1966
Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman
Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman
Cleveland State Law Review
This note examines the fundamental and dynamic concept of unseaworthiness, and investigates particularly the geographical limits ashore where such injuries may occur and yet be actionable. Crew misconduct will not be considered as a factor in unseaworthiness, as that subject has been treated elsewhere.
Mechanical Testimony, David J. Portmann
Mechanical Testimony, David J. Portmann
Cleveland State Law Review
This article deals with the familiar conflict of people versus machines, in considering the legal question of whether a machine can testify against an accused. It is a generally accepted principle that a person's physical appearance and characteristics are admissible in court as evidence for the purpose of identification. There is no general rule, however, which specifies what factors constitute a person's physical characteristics, and a problem arises when the courts must determine whether an accused's self-incrimination privilege is being abridged.
Needed: The Social-Scientific Lawyer, Kent M. Weeks
Needed: The Social-Scientific Lawyer, Kent M. Weeks
Cleveland State Law Review
Once confined to academic journals and considered irrelevant to American law, the empirical findings of the behavioral sciences are now the lawyer's tools. The Supreme Court not only accepts empirical data of the social scientists in briefs, but implicitly seeks such data in order to enable the court to make decisions.
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Cleveland State Law Review
At one time, if a physician could find no objective evidence of disability, an employee usually lost his workmen's compensation case. If the x-ray and the electroencephalogram were negative, if no muscle spasm were present, if the diminished sensation to pinprick followed no anatomical pattern-if the doctors could find nothing in the examination to substantiate the employee's complaints of pain-the decision invariably found the employee was malingering. Compensation was denied. Toward the middle of this century, psychiatry began to offer some explanations.
Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher
Doctors' Privileged Communications, Public Life, And History's Rights, Jonas B. Robitscher
Cleveland State Law Review
This article deals with two special problems in the field of confidentiality and privilege, which can be discussed together although they are not entirely related. These problems arise from a physician-patient relationship and are special by virtue of the fact that the patient has made himself a special object of public attention or public concern. The first of these is the problem of the physician who wishes to disclose information about an historical personage. The second problem is the disclosure of information by a physician concerning patients who are infamous rather than famous.
The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber
The Injured Arthritic: His Medico-Legal Rights, Louis J. Gelber
Cleveland State Law Review
Plaintiffs in general fare rather poorly in litigation cases when trauma is responsible for the aggravation of their arthritic condition. The inadequate rewards are usually due to the poor presentation of the claimant's case to the judge and jury. The purpose of this paper is to illustrate some of the disabling results that trauma inflicts on victims of arthritis of the spinal column, and to discuss adjudication of these cases, as well as suggested therapy by means of x-rays.
Liability Of A Carrier For Loss And Damage To Interstate Shipments, Thomas R. Skulina
Liability Of A Carrier For Loss And Damage To Interstate Shipments, Thomas R. Skulina
Cleveland State Law Review
The law governing the liability of a carrier for loss or damage to interstate shipments is set out in the Carmack Amendment. Prior to the enactment of this federal legislation, a body of law pertaining to this subject developed in the common law. The present law evolved from the earliest concepts of bailment relationship. The early statutes preserved many aspects of the common law. This article will refer to common law principles but will not focus on law as it was prior to the Carmack Amendment.
Bequests For Religious Services, James T. Brennan
Bequests For Religious Services, James T. Brennan
Cleveland State Law Review
The dedication of property for the saying of Masses or Kaddish atYahrzeit is a charitable use. The funds directed to be employed for these purposes aid the advancement of the Roman Catholic and Jewish religions to the same extent as other gifts to religious organizations of these faiths. In addition, the religious doctrines of these faiths declare that the religious services benefit the entire community and not merely the decedent remembered in the service. Probably, however, it would be best for courts to avoid the theological thicket in deciding whether or not a dedication of property for religious services is …
The Law, The Lawyers, And The Writers, L. Neille Shoemaker
The Law, The Lawyers, And The Writers, L. Neille Shoemaker
Cleveland State Law Review
The great writers have one thing in common-they castigate the human race, including themselves, the frailties of mankind, and his noble institutions. Law and the lawyers have suffered at the hands of the writers. The doctors have suffered even more. Most rulers, if they lived long enough, have been the subject of satire, caricatures, exposure, or castigation. The church and churchmen have also suffered. The principal subject matter of satire over the centuries has been the Church. ... Because of this general emphasis on soiled humanity, the legal profession need not feel alone as it finds itself the subject matter …
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
Cleveland State Law Review
In preparing this note, the author has drawn on his personal court room experiences and has attempted to provide some insight into what he feels to be the reasons why jury verdicts in personal injury cases have been, and for the foreseeable future will be, increasing in dollar amounts. Only indirectly will it treat the area of a plaintiff's increased opportunities for a verdict in his favor.
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Cleveland State Law Review
There is no mystery in the language which courts from time immemorial expressed in an attempt to explain when they will interfere with a verdict which has been challenged on the grounds of either excessiveness or inadequacy. Lip service is given to the rule that the size of the verdict alone is not the criteria for interference with the verdict of a jury. The usual language is that excessiveness or inadequacy, to warrant interference, must evince or carry an implication of passion or prejudice, corruption, partiality, improper influences, or the like. An analysis of the decisions, however, justifies "the conclusion …
Liability For Leaving A Firearm Accessible To Children, William C. Gargiulo
Liability For Leaving A Firearm Accessible To Children, William C. Gargiulo
Cleveland State Law Review
Enmeshed in the right to possess a firearm is the duty of care. Thus, the duty of care applies not only to using a firearm, but also to safeguarding the firearm from reasonably anticipated improper use by others. The liability of a person for permitting, or for leaving, a firearm accessible to children has been based upon failure to exercise the required duty of care in regard to a dangerous instrumentality.It is the objective of this note to consider whether or not the doctrine of absolute liability should be extended to hold that when a person permits a child to …
Military Law And The Miranda Requirements, Gaylord L. Finch
Military Law And The Miranda Requirements, Gaylord L. Finch
Cleveland State Law Review
The purpose of this article is to examine the Code and its effectiveness in dealing with the military accused in the area of criminal procedure. Emphasis will be placed on the serviceman's right to counsel, the serviceman's Fifth Amendment privilege against self incrimination and the scope of the Bill of Rights when applied to the serviceman. The discussion will be limited to the relationship of the military to its own personnel.
Records And Sources Of Ohio Law From 1787-1850, William H. Vodrey
Records And Sources Of Ohio Law From 1787-1850, William H. Vodrey
Cleveland State Law Review
This check list includes records and sources relating to Ohio law from 1787 to 1850. The imprint is included without regard to the place of printing, if it relates to Ohio law. A few items after 1850 are included, where appropriate.
Drafting And Use Of Opinion Letters Of Counsel, Linn J. Raney
Drafting And Use Of Opinion Letters Of Counsel, Linn J. Raney
Cleveland State Law Review
This article outlines the kinds of opinions which counsel may render to a non-client via letter, the functions of such opinions in a transaction, and the preparation of opinion letters in view of the possibility of counsel's liability thereon to a non-client party. Material for the article was obtained in part from interviews with a number of individuals familiar with transactions commonly involving opinion letters and more particularly transactions wherein opinion letters are transmitted to non-clients for their reliance.
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Cleveland State Law Review
Whether because of expanded uses of the fruits of the nuclear age, or because of more insights into radiation caused diseases, in years to come more employees are likely to find themselves filing claims for workmen's compensation because of alleged radiation-caused diseases or illnesses. What are radiation diseases and injuries? Which occupations are likely to give rise to radiation exposure? Do present workmen's compensation laws provide coverage for such injuries and diseases, and to what extent? How is a claim processed? Can the present laws be improved, and what efforts are being made-or should be made-to im-prove them?
Editor's Preface To The Symposium, Nancy F. Halliday
Editor's Preface To The Symposium, Nancy F. Halliday
Cleveland State Law Review
It is intended that this symposium be beneficial not only to practicing attorneys dealing with specific problem areas of workmen's compensation, but also to workmen's compensation administrators and progressive state legislators in their efforts to improve the protection afforded both to labor and to industry.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Cleveland State Law Review
Any attempt to comprehensively analyze the voluminous and detailed Workmen's Compensation and Industrial Employee legislation throughout the United States awakens one to the vast scope of ourmindustrial society. The magnitude of progress in this field dominates all other considerations of this survey, designed to show what aspects of these laws are in the throes of legislative revision, with emphasis on advances in vocational rehabilitation, coverage of public employees, and expansion of occupational disease classifications. This survey encompasses not only legislative revisions, repeals and amendments proposed or pending before State lawmakers, but attempts a preview of future activity.
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Cleveland State Law Review
The title of this article is perhaps somewhat misleading. Do third party actions expand employees remedies? Such actions arise out of provisions of our state and federal workmen's compensation laws granting an employer or his insurer the right to sue any person or persons who cause the injury to his employee. Also, third party actions arise under statutes granting the injured employee the right to sue the tort-feasor without loss of recourse against the employer. Third party actions do constitute an expanding remedy for the employer and his insurer; it is generally conceded that without a statutory provision the right …
Compensable Injury In Back Claims, John H. Small
Compensable Injury In Back Claims, John H. Small
Cleveland State Law Review
This article is the product of many years uncertainty and resulting unhappiness in advising clients, compensation insurers and their claims representatives-in their handling of back claims, and in the writer's own preparation and trial of such proceedings.No doubt this situation has been intensified by the fact that North Carolina is in the very small minority of jurisdictions limiting compensability by requiring an accident as a condition precedent, and yet recognizing this handicap, seeking exceptions where it could, to the accomplishment of justice at the cost of confusion.