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Articles 2401 - 2430 of 2503
Full-Text Articles in Law
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
Conversion Hysteria - An Explanation For Attorneys, Ewing H. Crawfis
Conversion Hysteria - An Explanation For Attorneys, Ewing H. Crawfis
Cleveland State Law Review
Conversion Hysteria is a diagnostic term used by physicians and particularly in one specialty of medicine-namely psychiatry. Attorneys encounter this term as it is applied to certain individuals who come to them in the course of their practice particularly in cases involving personal injury and claims for compensation. This paper is being presented in an effort to explain and clarify this diagnostic term for attorneys.
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, Howard L. Oleck
Book Review, Howard L. Oleck
Cleveland State Law Review
Reviewing Melvin M. Belli, Ready for the Plaintiff, Henry Holt and Company, 1956
Book Review, Orville J. Weaver
Book Review, Orville J. Weaver
Cleveland State Law Review
Reviewing William K. Gardner, Gradner's Bates Ohio Civil Practice, W. H. Anderson Co., 1957
Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger
Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger
Cleveland State Law Review
Exposure to X-rays or other radiation over and above a certain cumulative tolerance limit can be damaging to the human body. This fact is thoroughly explained in Mr. Humphrey's article on Radiation in this issue of this law review. But a person thus injured by x-ray radiation from so-called fluoroscopic fitting machines in shoe stores will find it virtually impossible to make out a cause of action in negligence against the owners and operators of the machines. Yet, use of such machines now is known to be seriously harmful, unless that use is closely controlled.
Licensing, And Administrative Procedure Acts, Homer W. Giles
Licensing, And Administrative Procedure Acts, Homer W. Giles
Cleveland State Law Review
Licensing laws have proved to be very effective governmental regulatory devices. Although the supposed purpose of government in requiring a license for a particular activity is to regulate, "by a general formal denial of a right, which is then made individually available by an administrative act of approval, certification, consent or permit," the effect in many cases is actually to prohibit. While government should be permitted to prohibit activities which it regards with disfavor, it should not be permitted to allow an administrative agency to deprive a person of a license for a business or occupation, otherwise lawful, without giving …
Attorneys' Malpractice, William K. Gardner
Attorneys' Malpractice, William K. Gardner
Cleveland State Law Review
An attorney is not an insurer of the result of a case in which he is employed, without a special contract to that effect, nor can more than ordinary skill, care and diligence be required of him without such contract; and where an attorney has acted in good faith and with a fair degree of intelligence in the discharge of his duties under the usual implied contract, any error which he may make must be so gross as to render wholly improbable any disagreement among good lawyers as to the manner of the performance of the services in the given …
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 …
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 …
Postmortem Examinations, S.R. Gerber
Postmortem Examinations, S.R. Gerber
Cleveland State Law Review
Postmortem examination is frequently considered to be a synonymous term for autopsy. However, literally any examination performed after death is a postmortem examination. All examinations of cases received at coroners' offices are performed postmortem. These examinations vary in extent, depending upon the circumstances and developments disclosed upon investigation by police and others.
Hospital Immunity, Ellis B. Brannon
Hospital Immunity, Ellis B. Brannon
Cleveland State Law Review
An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act …
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 …
Consent To Surgical Procedures, Carl E. Wasmuth
Consent To Surgical Procedures, Carl E. Wasmuth
Cleveland State Law Review
Case law relating to surgical consent is fairly well settled. A review of the numerous decisions on this question can be summed up with a general statement: If the patient freely consults the physician, understands the operation contemplated, enters the hospital, and submits to the operation, consent is implied. This consent to a surgical operation is a privilege that the patient extends to the surgeon to commit trespass to the person.
Book Review, Winifred R. Higgins
Book Review, Winifred R. Higgins
Cleveland State Law Review
Reviewing Samuel J. Weiner and Zellie Miner, Ohio Methods of Practice, West Publishing Company, 1957
What's Wrong With Modern Legal Education, John G. Hervey
What's Wrong With Modern Legal Education, John G. Hervey
Cleveland State Law Review
Some one once observed that the size of a man is measured by the size of the things that he will let bother him. Which is to say, that what concerns the legal profession, and those who aspire to enter it, is the adequacy of the job that is being done. The great majority of the lawyers have had training in the law schools of the country - very few come to the practice today via law office study. The practicing profession is, therefore, but the mirror that reflects the schools in which the lawyers were trained. If the bench …
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 …
Mental Competency And Mental Hospitals, Ewing H. Crawfis
Mental Competency And Mental Hospitals, Ewing H. Crawfis
Cleveland State Law Review
Psychiatrists generally are aware that there is not necessarily any relation between competency and hospitalization for mental illness. The consensus seems to be that these two things should be considered entirely separately. Many patients may need mental hospital care, without having suffered any impairment of their competency. My personal estimate is that 75% of all patients admitted to the average mental hospital could be considered to be competent. Also, it is well to keep in mind that an individual may require a guardian because of incompetency due to a mental disorder, but not require hospitalization in a mental hospital. Unfortunately, …
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 …
Tort Liability For Death By Poisoning, Lawrence Landsroner
Tort Liability For Death By Poisoning, Lawrence Landsroner
Cleveland State Law Review
Liability in deaths resulting from accidental ingestion of harmful material, toxic food, or drug product often is difficult to ascertain. Lack of compliance with the Federal Food and Drug Statutes, or with the State or Municipal Code, often is the critical problem. Determination of liability in these cases usually rests on one of three major bases, in cases involving manufacturers and distributors: (a) That the product is improperly labeled. (b) That it is not labeled in compliance with the municipal, state or federal laws. (c) That it is an inherently dangerous product. If any one of these bases is established, …
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.
Book Review, William K. Gardner
Book Review, William K. Gardner
Cleveland State Law Review
Reviewing Frank C. Leyshon, The Ohio Practice Manual, W.H. Anderson Co., 1956
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.
Preparation And Trial Of A Medical Malpratice Case, John J. Kennett
Preparation And Trial Of A Medical Malpratice Case, John J. Kennett
Cleveland State Law Review
Law implies from the employment of a doctor contract that the doctor will diagnose and treat his patient with that degree of skill and learning which is possessed by the average member of his profession in the community in which he practices. A doctor licensed to practice is presumed to possess such skill and learning. He does not incur liability for his mistakes if he has used methods, in his diagnosis and treatment, recognized and approved by the average member of the medical profession practicing in his community. A doctor's negligence in departing from the standard of practice in his …