Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Education Law (17)
- Torts (14)
- Criminal Law (8)
- Property Law and Real Estate (5)
- Civil Rights and Discrimination (4)
-
- Constitutional Law (4)
- Evidence (4)
- Health Law and Policy (3)
- Labor and Employment Law (3)
- Law and Gender (3)
- Legal Education (3)
- Litigation (3)
- Business Organizations Law (2)
- Insurance Law (2)
- Juvenile Law (2)
- Land Use Law (2)
- Legal Writing and Research (2)
- State and Local Government Law (2)
- Commercial Law (1)
- Common Law (1)
- Comparative and Foreign Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Criminal Procedure (1)
- Food and Drug Law (1)
- Fourteenth Amendment (1)
- Housing Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Keyword
-
- Tort law (6)
- Constitutional law (5)
- Legal education (5)
- Education (4)
- Property law (4)
-
- Health law (3)
- Higher education (3)
- Criminal law (2)
- Damages (2)
- Due process (2)
- Education policy (2)
- International law (2)
- Medical law (2)
- Negligence (2)
- SCRIBES (2)
- Abuse of process (1)
- Assault (1)
- Assumption of risk (1)
- Automobile (1)
- Civil procedure (1)
- College law (1)
- Constitutional Law (1)
- Copyright (1)
- Crashworthiness (1)
- Criminal Procedure (1)
- Criminal justice (1)
- Criminal procedure (1)
- Diplomatic service (1)
- Discover (1)
- Discrimination (1)
Articles 1 - 30 of 70
Full-Text Articles in Law
Book Review, William Harvey Wiest
Book Review, William Harvey Wiest
Cleveland State Law Review
Review of Current School Problems, Edited by William Carroll, Practising Law Institute, 1969
The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak
The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak
Cleveland State Law Review
This article is limited to the "mere evidence rule" as enunciated in Gouled v. United States; a brief historical sketch of the genesis of the search warrant; the two landmark decisions leading to Gouled; and, an overview of its impact upon American law, with reference to major landmark decisions. A thorough study of the rule and its application and interpretation in the various courts of the United States is book-length in proportion, as the numerous case entries under Gouled in the several editions of Shepard's United States Citations clearly illustrate. Wigmore provides a fairly comprehensive listing of decisions on illegal …
Malpractice Actions Without Expert Medical Testimony, William P. Gibbons
Malpractice Actions Without Expert Medical Testimony, William P. Gibbons
Cleveland State Law Review
Fear of malpractice actions against them is causing physicians to "run scared." Some physicians now say that they feel that the threat of legal action has materially altered the practice of medicine. Defensively, some medical doctors say that they are ordering additional X-rays and lab tests, just to have them on record. Others say they are just plain afraid to try new techniques and diagnostic treatments because of the specter of a malpractice action. Innovative techniques carry additional risks, and some doctors admit that in some risky situations they merely do what will keep them out of trouble rather than …
Homosexuals In The Teaching Profession, Neal G. Horenstein
Homosexuals In The Teaching Profession, Neal G. Horenstein
Cleveland State Law Review
What is the status of the homosexual in the teaching profession? What are the problems in obtaining authorization to teach, or applying for a teaching position, and the effects of exposure as a homosexual on job security?
Problems In Legal Education 1971, Cleveland State Law Review
Problems In Legal Education 1971, Cleveland State Law Review
Cleveland State Law Review
Six problems in legal education, much discussed recently, were posed by the Editors of this Review to a number of the top educators in the legal world. These questions were and are frankly difficult and controversial, but their answers are important to our system of legal education and to our society. Capsule answers given by these concerned educators are believed to be interesting and significant. Each is a personal rather than a representative opinion. Brief answers such as these, of course, are not expected to be, nor do they pretend to be, complete or profound. Their purpose is to indicate …
Book Review, Avery S. Friedman
Book Review, Avery S. Friedman
Cleveland State Law Review
White Racism and the Law, Lois B. Moreland, Charles E. Merrill Publishing Co., 1970
Consular Officer's Amenability As Witness, Stephen J. Werber
Consular Officer's Amenability As Witness, Stephen J. Werber
Cleveland State Law Review
Contrary to the extensive immunities granted to members of the diplomatic service, members of consular posts are given only limited privileges and immunities. The existence and limitation of consular immunities arise by virtue of the office. Thus the consular officer can be called upon to testify in both civil and criminal matters under common law, international law, and treaty provision. In the absence of a treaty, consuls are generally exempt from giving testimony relating to matters acquired within the scope of their official duties or as to material contained in the consular archives. The purpose of this paper is to …
Contributory Negligence Of Very Young Children, James B. Wilkens
Contributory Negligence Of Very Young Children, James B. Wilkens
Cleveland State Law Review
If in backing your car out of a driveway you look to only one side as you approach the sidewalk, and strike and injure a pedestrian approaching from the other side, who had been so engrossed in conversation with a companion as not to have cast even a glance up the driveway, your liability for his injuries might well depend upon his age. The standard of care required (in most circumstances) of normal adults (and corporations) for the protection of themselves and of others is that they take such care as ordinary prudent persons would take in the circumstances. Little, …
Damages From Slip And Fall Injuries, Gibson B. Witherspoon
Damages From Slip And Fall Injuries, Gibson B. Witherspoon
Cleveland State Law Review
The doctrine of assumption of risk as applied to icy sidewalks and store entrances contain the following elements: (1) Knowledge and appreciation of the danger, (2) The existence of a reasonable alternative route; (3) A voluntary election to encounter danger.
Duty To Light Exterior Of Premises, Ralph J. Rosenthal
Duty To Light Exterior Of Premises, Ralph J. Rosenthal
Cleveland State Law Review
This paper will discuss the impact of lighting upon crime and crime prevention; and propose that there be recognized a general common law duty upon landowners to exercise reasonable care to maintain the means of ingress and egress to their property, over which they retain control, adequately lighted; and be liable for personal injuries due to inadequate lighting. For the purposes of this paper, distinctions among the various classes of entrants upon land, i.e., trespassers, licensees, invitees, etc., will not be considered as material. In part it is beyond the scope of this paper, and in part it is due …
Book Review, Aaron J. Ritzenberg
Book Review, Aaron J. Ritzenberg
Cleveland State Law Review
Review of Trial, Tom Hayden, Holt, Rinehart and Winston, New York, 1970. Tom Hayden was a codefendant in the trial of the Chicago Eight, and the book is about that trial, as well as the author's political views.
Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz
Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz
Cleveland State Law Review
The real reason for this article is found in the recognition that good law is generally a guide to good conduct. School people ought to know as much about what the law dictates in respect to conduct toward children under their supervision as they know about the teachings of psychology. Before getting directly into the discussion, it seems appropriate to stress that there is nothing in tort law which makes teachers or admin- istrators the insurers of the safety of children. Accidents will continue to happen which cause injury to children in school. If, however, the teacher or administrator has …
Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak
Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak
Cleveland State Law Review
The original registration of land titles act was adopted by the Ohio legislature in 1896.1 Commonly known as "the Torrens Law" 2 or "the land registration law" 2 in this and the other states where it has been promulgated, it comprises Chapters 5309 and 5310 of the Ohio Revised Code (ORC). These statutes are not to be confused with the general recording laws of the state which apply to the recording of instruments conveying, encumbering, or otherwise affecting title to real property. The basic difference between the two is that under the Torrens Law the title to land is registered, …
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Cleveland State Law Review
This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.
Book Review, Glenn E. Billington
Book Review, Glenn E. Billington
Cleveland State Law Review
Review of Democracy and the Student Left, George F. Kennan, Little, Brown and Company, Boston, Mass. 1968
Limitless Horizons Of Limited Policies Of Insurance, Harry H. Lipsig
Limitless Horizons Of Limited Policies Of Insurance, Harry H. Lipsig
Cleveland State Law Review
Limited policies have limitless horizons due to the selfishness of insurers. Why should insurers accept settlement offers that are close to the policy limits? After all, in most instances the insurers have nothing to lose except the insureds' money. Gambling with insureds' funds has led many to suggest that insurers be absolutely liable for all excess judgments subsequent to a rejection of settlement.
Section 2-318 Of The Ucc: The Sleeping Giant, William Michael Karnes
Section 2-318 Of The Ucc: The Sleeping Giant, William Michael Karnes
Cleveland State Law Review
The acceptance, application, and development of Section 2-318 of the Uniform Commercial Codemhas caused more trouble and confusion than the appearance of Darwin's theory of evolution in Tennessee. Overlooking the obvious possible solution of amending Section 2-318, most states have retained a written but unexercised statute and thereby compelled courts to stretch, bend and squeeze breach of warranty into the realm of strict liability in tort.
Book Review, Richard F. Gonda
Book Review, Richard F. Gonda
Cleveland State Law Review
The reviewer discusses Points of Rebellion by William O. Douglas. This text identifies a myriad of issues that plague the United States including poverty, prejudice, pollution, and inequitable laws. According to Douglas, the source of these problems are the elite in America, which he calls "the Establishment."
Judicial Control Over Passport Policy, Leon Hurwitz
Judicial Control Over Passport Policy, Leon Hurwitz
Cleveland State Law Review
This paper is concerned with the judiciary's role in influencing both the procedure and substance of one particular aspect of foreign policy, namely, the passport policy of the State Department. That a decision regarding passports is a foreign policy decision has long been advanced by the President and Secretary of State. It is generally accepted that the issuance and regulation of passports is an integral part of the general conduct of American foreign relation
College Law: 1970-1971, Thomas E. Blackwell
College Law: 1970-1971, Thomas E. Blackwell
Cleveland State Law Review
The evolution and development of college law has continued to accelerate during the past year. Perhaps the best indication of the topics of direct and current concern to those practicing in this area of legal specialization is the agenda of the June 1970 meeting of the NACUA. With few exceptions, the papers presented emphasized the problem of order on the campus and the role of the judiciary in its preservation.
Old And New Type Bar Exams, Melvin Nord
Old And New Type Bar Exams, Melvin Nord
Cleveland State Law Review
Bar exams are intended to protect the public by insuring that only competent persons are licensed to practice law. What comprises competency, however, is a difficult question to answer; and how competency is to be determined is even more difficult. As with most difficult questions, the usual approach has been simply to ignore them and "play it by ear." The result has been bar exams in many states which are of marginal value to the public and which have at the same time been extremely unfair to the applicants.
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Cleveland State Law Review
It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …
Book Review, Elliott A. Cohen
Book Review, Elliott A. Cohen
Cleveland State Law Review
Review of Cops on Campus and Crime in the Streets, Erle Stanley Gardener, William & Morrow Co., Inc., New York, 1970
Reference Ordinances And Three-Judge Courts, Elizabeth Du Fresne, William Du Fresne
Reference Ordinances And Three-Judge Courts, Elizabeth Du Fresne, William Du Fresne
Cleveland State Law Review
As the fragmentation of areas of governmental responsibility increases, statutory reference terms which once were securely static in meaning must be re-examined. Illustrative of this evolutionary ambiguity are the terms "state statute" and "state officer" as they appear in the jurisdictional statute for federal three judge courts. ... The Supreme Court has emphasized the importance of the jurisdictional considerations in potential three judge cases by refusing to discuss the merits of a case which should have been decided by either a single judge or a three judge court and was not. The Court has cautioned us that § 2281 is …
June 1971 News Of Legal Writers, Ralph D. Churchill
June 1971 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Editors of the Cleveland State Law Review are gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking, particularly this year, to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and …
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Cleveland State Law Review
Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …
Proprietary Mentality And The New Non-Profit Corporation Laws, Howard L. Oleck
Proprietary Mentality And The New Non-Profit Corporation Laws, Howard L. Oleck
Cleveland State Law Review
New York's New "Not-For-Profit Corporation Law" statute is likely to increase the abuse of non-profit status by many persons who pretend to be governed by altruistic motives but who actually are motivated mainly by the desire to enrich themselves.-That is the unpalatable thesis of this paper.
War Tax Refusal: Some Code Problems, William Louis Tabac
War Tax Refusal: Some Code Problems, William Louis Tabac
Cleveland State Law Review
Throughout our history, many individuals and groups have employed tax refusal to make their points. ...a protest based on tax refusal has never won a significant number of adherents in this country. There are several reasons for this, but the most pervasive seem to be the fear most people have of going to jail and the confusion that exists in their minds about the limits of the power of the Internal Revenue Service (I.R.S.), that is, what this agency can and cannot do to people who do not pay their taxes. Until some of their doubts are answered, the antiwar …
Make Room For The Students: Governance Of The Law School, John J. Regan
Make Room For The Students: Governance Of The Law School, John J. Regan
Cleveland State Law Review
Should students share the power? The issue of student participation in the governance of colleges and universities concerns virtually every institution of higher education in the country. Confrontations at some universities have focused on this issue as one of the prime causes of student discontent. Other institutions have plunged quickly into investigations and discussions of the question to head off such disturbances.
Punitive Damages In Wrongful Death, Gary N. Holthus
Punitive Damages In Wrongful Death, Gary N. Holthus
Cleveland State Law Review
Punitive damages, also known as exemplary damages, smart money, or vindictive damages, are damages awarded to a plaintiff on a finding of malicious, fraudulent, willful, wanton, or reckless conduct by a defendant, indifferent to the rights and safety of others. The purpose of exemplary damages is to protect the public from reckless, willful acts and to punish the wrongdoer