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Cleveland State University

Cleveland State Law Review

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Full-Text Articles in Law

Deportation Based On Criminality Before Entry, Maurice B. Lavine Jan 1952

Deportation Based On Criminality Before Entry, Maurice B. Lavine

Cleveland State Law Review

There are two principal statutory grounds for deportation of aliens based on criminality. First is the restriction against those who committed crimes before coming to these shores. Second is the ground which provides for the expulsion of the undesirable who was welcome when he first applied for admission to the United States but has subsequently committed proscribed acts. The purpose of this article is to examine the first class named above, and to consider proposed legislation on the subject now before the Congress.

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Relief For Vendee From Vendor's Strike, Warren D. Langer Jan 1952

Relief For Vendee From Vendor's Strike, Warren D. Langer

Cleveland State Law Review

While all persons affected by strikes do not have an available remedy, there are many situations where rights and actions have not been exercised and innocent persons have suffered although the necessity of doing so has been precluded by our existing laws. In the first remedy, breach of contract, an injured vendee may maintain an action either against a vendor who fails to protect himself by an appropriate strike clause or a vendor who willfully breaches a contract and then attempts to utilize the fact of a strike as a defense. The second remedy, an action against the striking union, …

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Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor Jan 1952

Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor

Cleveland State Law Review

Where the loss of her husband's consortium is the result of personal injuries caused by the mere negligence of a third person, the wife has no cause of action; she did not have such right at common law and no legislation has been enacted to give her this right. Nevertheless, at the same time that this right is denied to the wife, her husband has a cause of action under identical circumstances. In such a case, the gist of the action is the loss of his wife's services, and the right has not been affected by legislation which has abrogated …

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Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi Jan 1952

Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi

Cleveland State Law Review

An improved, workable, and sensible test for "excessiveness" in the area of personal injury awards must be established. It is fairly easy to confuse "excessive" with the concept of "large" or "high" awards. In some particular instances perhaps relatively larger or higher awards are proper in today's economy. But, the bulk of over a million injury cases is at a level fairly easy to classify and thereby to compensate properly. When proper standards are established, then awards become excessive when they go beyond this just and equitable measure. Classifications and guides for the vast majority of personal injury claims will …

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The Inns Of Court In London, Charles E. Cook Jan 1952

The Inns Of Court In London, Charles E. Cook

Cleveland State Law Review

It is a generally known fact that most of our American law was adopted from the English Common Law. Therefore, it should be interesting to learn how the English lawyers are educated. The Inns of Court: Lincoln's Inn, Gray's Inn, Inner Temple, and Middle Temple are the four principal Inns which gave rise to the English law schools.

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Inducing Breach Of Contract In Ohio, Arlene B. Steuer Jan 1952

Inducing Breach Of Contract In Ohio, Arlene B. Steuer

Cleveland State Law Review

This article is limited in its scope to the development in Ohio of a cause of action for the tort of wrongfully inducing breach of contract, either by fraud, duress, obstruction, etc., or by mere persuasion, and the extent to which an invasion of contractual rights will be privileged by the fact that the actor is a competitor. It is not intended to cover generally the subject of interference with contract rights, nor the various situations under which an actor will be privileged to interfere with another's contractual rights except when the privilege claimed is competition. The development of this …

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Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review Jan 1952

Cleveland-Marshall Law School, The History Of Cleveland-Marshall Law School, Cleveland-Marshall Law Review

Cleveland State Law Review

On June 24, 1946, The Cleveland-Marshall Law School was established as a consolidation of the Cleveland Law School and the John Marshall School of Law. One of the largest law schools in the country, it enables students to achieve a legal education by attending evening classes. Today The Cleveland-Marshall Law School, a vital institution of advanced study in a dynamic community, is fulfilling the basic purposes that motivated the original founders of the constituent schools.

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Union Security Under Federal Statutes; A Primer, George Maxwell Jan 1952

Union Security Under Federal Statutes; A Primer, George Maxwell

Cleveland State Law Review

Union security is a term with many ramifications, all of which stem from the basic right of a union to represent the employees of a business in their collective bargaining with the employer. A union is secure when its right to represent the employees is embodied in a contract between the union and the employer, containing a clause which assures the union a continuing right of representation. Such a contract clause protects the union from challenge by another union, from repudiation by the membership during the life of the contract and from a refusal by the employer to recognize the …

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Modification Of Domiciliary State's Power To Tax Vessels Engaged In Interstate Commerce, Sam W. Baker Jan 1952

Modification Of Domiciliary State's Power To Tax Vessels Engaged In Interstate Commerce, Sam W. Baker

Cleveland State Law Review

Standard Oil Co. v. Peck, Tax Commissioner et al., 72 S. Ct. 309 (1952) Held: The ad valorem taxes levied by various states must be fairly apportioned to the commerce carried on within the taxing state. The rule permitting taxation of personal property used in interstate operations by two or more states on an apportionment basis precludes taxation on full value of all such property by the state of domicile.

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The Equitable Theory Of Injunction In Domestic Relations, Moss H. Thompson Jan 1952

The Equitable Theory Of Injunction In Domestic Relations, Moss H. Thompson

Cleveland State Law Review

Adequate protection in the nature of injunctive relief has been extended to all branches of the law where there is a primary property right to be protected. Despite the rapid development in the field of equitable relief it has always been considered extraneous to actions in domestic relations. The majority of the courts will not protect marital and domestic rights from third party intervention because such action involves a personal right rather than a necessary property right. There is adequate reason for a change in this precept which delegates personality to such an insecure position. Only a limited number of …

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Treasury Stock; A Corporate Anomaly, Harry Kotler Jan 1952

Treasury Stock; A Corporate Anomaly, Harry Kotler

Cleveland State Law Review

Treasury shares are an anomaly, since it has thus far appeared that they have been subjected to a doctrine of expediency, a doctrine of ascertaining their position and consequences only from the point of view of the specific problem at hand. They are assets for one purpose, but not assets for another. They are treated as existing for one purpose, but nonexistent for another. They appear, reappear and disappear. They have a fluidity which is uncommon in corporate law, where certainty, precision and definiteness are the keynotes. Because they offer to a corporation a singularly tempting opportunity to represent the …

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The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne Jan 1952

The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne

Cleveland State Law Review

The creator of a trust of any complexity or length of duration usually attempts to create future contingent interests under the trust, or interests to take effect after the termination of the trust. In making provisions for such contingent future interests, the settlor must be careful to respect the Rule Against Remoteness of vesting, if he would have his trust secure against attack. Thus, if S wishes to create a trust by his will in favor of his children and grandchildren, providing for grandchildren who may be born after S's death, it is obvious that he desires to provide for …

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Taxation; Deductibility Of Corporate Contributions To A Group Annuity Policy And An Employee's Trust, Daniel R. Mccarthy Jan 1952

Taxation; Deductibility Of Corporate Contributions To A Group Annuity Policy And An Employee's Trust, Daniel R. Mccarthy

Cleveland State Law Review

Discussion of Lincoln Electric Company v. Commissioner of Internal Revenue, 17 Tax Court 1600 (1952): The petitioner, a manufacturing company, paid the sum of $575,206.43 into a retirement annuity policy for its employees and contributed the sum of $1,000,000.00 to an employees' trust. Held: Such payments constituted ordinary and necessary business expenses and were deductible under section 23 (a) (1)(A) of the Internal Revenue Code.

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