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Articles 1 - 30 of 66
Full-Text Articles in Law
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Cleveland State Law Review
Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.
Icc Jurisdiction Of Great Lakes Rail-Water Competition, Arthur E. Miller
Icc Jurisdiction Of Great Lakes Rail-Water Competition, Arthur E. Miller
Cleveland State Law Review
The regulatory framework surrounding the transportation industry is complex and the absence of any easy resolution of contemporary problems fostered by competitive abuse can be appreciated only by viewing the development and application of administrative powers initiated by the Act to Regulate Commerce.Although the Interstate Commerce Commission has supervised the competitive arena , the age and condition of the Great Lakes fleet manifests water carrier inability to overcome railroad economic power. The viability and future existence of the Great Lakes water carrier could well be determined by a Commission decision in a in a current coal case which represents the …
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Cleveland State Law Review
Tardiness of an attorney is a violation of the Cannons of Professional Ethics. A continual disregard of the canons of ethics constitutes misconduct or moral turpitude. Misconduct or moral turpitude are grounds for disbarment. Just as clearly, tardiness of an attorney is punishable as contempt of court. Contempt of court is viewed as a criminal conviction, since the contemner is subject to fines and imprisonment. Contempt of court, if sufficiently repeated, is ground for disbarment.
Impact Of A Community Association On Integrated Suburban Housing Patterns, Stephen J. Alfred, Charles R. Marcoux
Impact Of A Community Association On Integrated Suburban Housing Patterns, Stephen J. Alfred, Charles R. Marcoux
Cleveland State Law Review
Community associations-neighbors who join together in recognition of common interests and sometimes in pursuit of greater political influence-appear and disappear with the ebb and flow of local issues. Home community organizations have concerned themselves with installation of improvements, such as sidewalks and sewers; others, with the quality of municipal services, property maintenance, and compliance with building and zoning laws. More recently, however, such community organizations have sprung into life for the purpose of dealing with the emotionally-charged issue of racial integration in their neighborhoods. This paper will explore the development of The Lomond Association, a community organization committed to a …
Book Review, James P. Huddleston
Book Review, James P. Huddleston
Cleveland State Law Review
Review of Charles Rembar, The End of Obscenity, Random House, 1969.
Liability Of Engineer For Defective Design, Emil F. Sos Jr.
Liability Of Engineer For Defective Design, Emil F. Sos Jr.
Cleveland State Law Review
The practice of "Professional Engineering" in the United States is governed by licensing statutes in all fifty states and the District of Columbia. Liability for incompetency is only indirectly affected by these statutes. The statutes do have an effect on the contractual relationships of the engineer and most states make a violation of the licensing sections a misdemeanor, punishable by fine and/or imprisonment.
Varying Standards Of Care In Medicine, Charles J. Frankel
Varying Standards Of Care In Medicine, Charles J. Frankel
Cleveland State Law Review
There are many roads to Mecca. Some are more direct and less dangerous, others are fraught with hazards which must be overcome to enable the seasoned traveler to reach his destination. The unwary person may be fortunate and successful; yet he may easily lose his way. So it is in medicine and surgery. In the field of orthopedic surgery I have noted many different approaches to a particular problem. In many instances it is generally agreed that one method is as good as another, depending on individual familiarity with the technique. In other instances there is wide disagreement.
Blood Tests In Paternity Cases, Robert Ratimorszky
Blood Tests In Paternity Cases, Robert Ratimorszky
Cleveland State Law Review
Medical science has developed and provided absolute proof of non-paternity by exclusion with the probability higher than 71.6 per cent.The blood tests determining nonpaternity by exclusion are conclusive.Despite this conclusive and scientifically proven medical system of exclusion, legislatures and courts in many jurisdictions are still slow in accepting the irrebuttable proof of blood grouping tests. Resentment is strong in many jurisdictions against the admission of possibility of paternity upon all the evidence. The argument that if admitted, such evidence is prejudicial holds in many jurisdictions including Ohio.Legislatures and courts should take cognizance of the proof of blood tests in paternity …
News Of Legal Writers: 1970, Ralph D. Churchill
News Of Legal Writers: 1970, Ralph D. Churchill
Cleveland State Law Review
This is a newsletter for SCRIBES. The Editors of the Cleveland State Law Review are most gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES is the honor society of distinguished legal writers.
The Nature Of College Student Perceptions In America Today (Circa 1970), Arthur R. Landever
The Nature Of College Student Perceptions In America Today (Circa 1970), Arthur R. Landever
Law Faculty Articles and Essays
Arthur Landever discusses the Nature of College Student Perceptions in America.
Injuries From Electronic Power Sources, Charles H. Grace, Sheila M. Kahoe
Injuries From Electronic Power Sources, Charles H. Grace, Sheila M. Kahoe
Cleveland State Law Review
In order to understand how the existing products liability law applies to electronic products, it is necessary to examine the methods by which such products are distributed, and the manufacturers' attitude toward the inclusion of safety devices in the production of these products. The four characteristics of electronic products that most affect their legal treatment will be identified and discussed, and the three principal theories most often used for the prosecution of products liability cases will be described herein, with emphasis on the features most likely to be involved in electronic cases.
Federal Taxation And Non-Profit Organizations, Marcus Schoenfeld
Federal Taxation And Non-Profit Organizations, Marcus Schoenfeld
Cleveland State Law Review
The Revenue Act of 1969 is one of the greatest overall changes in the revenue laws since the introduction of the federal income tax . Perhaps the most extensive changes were made in the area of tax-exempt organizations. Only some of these changes were within of the topic of this presentation, and some of the other changes in the "charitable" area merit great discussion-for example charitable remainder trusts. Even the topics discussed herein, of necessity were discussed briefly due to lack of time and Regulations. The full the 1969 Act on non-profit organizations will not be apparent for quite some …
1970 Problems In Legal Education, John A. Bauman, Scott H. Bice, Stuart Brody, Thomas W. Christopher
1970 Problems In Legal Education, John A. Bauman, Scott H. Bice, Stuart Brody, Thomas W. Christopher
Cleveland State Law Review
Five problems in legal education, much discussed recently, were posed by the Editors of this Review to a number of administrative figures in the law school 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 legal education administrators 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 …
Real Estate Brokerage: In A Nutshell, Edward T. Haggins
Real Estate Brokerage: In A Nutshell, Edward T. Haggins
Cleveland State Law Review
There are usually three parties to a real estate transaction; a seller, a buyer, and a real estate broker. The real estate broker is the middleman whose duty is to bring the buyer and the seller together. Ordinarily the real estate broker represents the vendor in that he has usually signed a listing contract to sell the vendor's home. The broker plays a significant role in the sale of property. It is he who guides the sale from beginning to end. Without the services of a real estate broker, most sales would never materialize. In order to understand the importance …
Clinical Experience And The College Work-Study Program, James T. Flaherty
Clinical Experience And The College Work-Study Program, James T. Flaherty
Cleveland State Law Review
Mark Twain is often quoted as the source of the remark that "Everybody talks about the weather, but nobody does anything about it." This quotation is appropriately used for many problems exclusive of the weather. It can also be applied to law school clinical experience and financial aid problems. As applied to weather and clinical programs, the quotation is not always quite accurate, as another often-quoted saying has been equally applicable: "It is better to light a candle than to curse the darkness." Without question, many candles have been lighted in the clinical area. It is the purpose of this …
Free Speech On Private Property, Daniel A. Silver
Free Speech On Private Property, Daniel A. Silver
Cleveland State Law Review
In our system of constitutional law the First Amendment right of freedom of speech has always maintained a preferred position. The Supreme Court of the United States, on numerous occasions, has proclaimed freedom of speech to be one of our most fundamental rights. An evolving problem in the area of free speech is the question of what constitutes a proper forum for the expression of First Amendment rights. This paper examines the use of private property as a forum for expression.
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Cleveland State Law Review
Except in California, uninsured motorist statutes do not provide for any specified period within which the injured must file his damages. The uninsured motorist coverage clauses in policies have likewise been silent on the subject .A controversy has arisen as to whether the (usually) shorter negligence (tort) statute of limitations or the longer contract time limit governs. The controversy can be readily resolved: either the insurers express a specific time period in their uninsured motorist endorsements within which their injured insureds must file their complaints; or state legislatures should amend their uninsured motorist coverage statutes to contain such express provision, …
The Nature Of Violence--Differing Perceptions Of Reality In America, Arthur R. Landever
The Nature Of Violence--Differing Perceptions Of Reality In America, Arthur R. Landever
Law Faculty Articles and Essays
Arthur Landever discusses the differing views concerning the definition, nature, and impact of violence.
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
The Doctor, The Patient, And The Fda, Herbert L. Ley Jr.
Cleveland State Law Review
There have been considerable charges and counter-charges the United States Food and Drug Administration's role in protecting the consumer, at least as far as the medical profession is concerned. The FDA has absolutely no intention nor desire to assume the role of the physician or to interfere with the bona fide practice of medicine. Why the complaints by some the FDA's actions on drugs, including drug labelling, drug recall and the withdrawal of certain drugs from the market, constitute attempts to interfere with the practice of medicine? It is possible that one of the reasons, and perhaps the principal one, …
Damages In Housing Discrimination Cases, James A. Ciocia
Damages In Housing Discrimination Cases, James A. Ciocia
Cleveland State Law Review
The existance of a shortage of adequate housing in the United States has further intensified the problems of those who suffer most when there is a shortage of anything-the minority groups. ... Contributing to the awareness of the public is the salient fact that within the last ten years there has been a consistent increase in the number of court cases dealing with housing discrimination. The scope of these cases has expanded from what had been a broad interpretation of public accommodation statutes to the award of damages, both compensatory and punitive, for private acts of discrimination which allegedly precipitated …
Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina
Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina
Cleveland State Law Review
Though shipments by truck or rail are usually interstate or intrastate, many such shipments traverse the Mexican and Canadian borders or involve delivery from or to an ocean vessel for international transshipment. The federal laws which set out the liability of a carrier for interstate shipments are known as the Carmack Amendment and the Cummins Acts. This article will deal with the regulation of the so-called "International Shipment." A myriad of problems arises in the determination of what law is applicable to a shipment that either originated in or is destined for a foreign nation. Though the Federal statute itself …
Parking Lots And Personal Injuries, Theodore V. Boyd
Parking Lots And Personal Injuries, Theodore V. Boyd
Cleveland State Law Review
When a negligent injury occurs as a result of an encounter with obstacles in a parking lot, the question presented is who, if anyone, is liable for the injury. This article will examine the current state of the law pertinent to the question of liability and discuss the adequacy of that law.
Insurance Subrogation In Auto Medical Payments Coverage, Walter A. Rodgers
Insurance Subrogation In Auto Medical Payments Coverage, Walter A. Rodgers
Cleveland State Law Review
It is unnecessary to elaborate on the other major differences between the two policies as this study will be confined to a discussion of the provisions of the Medical Payments Coverage with an analysis of the treatment these provisions have received by various courts, and more particularly, to resolving the question of whether the subrogation of medical expenses by automobile insurers is an assignment of a bodily injury claim.
Product Liability And The Pill, Joyce Barrett
Product Liability And The Pill, Joyce Barrett
Cleveland State Law Review
The Pill has been on the market now for ten years and has been inwide use for five. Only within the last year, however, have widespread reports of the adverse effects associated with the Pill been publicized. While the Pill manufacturers may be aiding society by providing a convenient and effective method of checking the overpopulation problem, they are also handsomely profiting from Pill sales. Thus, the burden of compensating those injured by oral contraceptives should properly fall on the manufacturers and be treated as a cost of production. This, in turn, should prompt the manufacturers to initiate more ambitious …
Gun Control Statutes And Domestic Violence, Elmer A. Bessick
Gun Control Statutes And Domestic Violence, Elmer A. Bessick
Cleveland State Law Review
If gun control were an effective method to reduce the number of guns available in the urban households, then it is quite possible that many family quarrels and other arguments would not end with someone's death. The availability of firearms makes the gun a readily accessible vehicle of violence. If the regulation of this vehicle were more strict, then perhaps this type of domestic violence would be less frequent.
F.C.C. And The Fairness Doctrine, Marilyn G. Zack
F.C.C. And The Fairness Doctrine, Marilyn G. Zack
Cleveland State Law Review
In the United States broadcasting is a competitive business. But radio and television also are media for the expression of free speech in matters of vital concern in a self-governing society. Freedom of protected from governmental abridgement by the first amendment. Is free speech unconstitutionally abridged by governmental action with respect to program content? Or do the fairness doctrine and the personal attack and editorialization rules enhance free speech? What quantum of program control can be justified on the basis of the public interest in view of the first amendment-which applies also to broadcasters?
Experience-Based Teaching Methods In Legal Counseling, Robert T. Grismer, Thomas L. Shaffer
Experience-Based Teaching Methods In Legal Counseling, Robert T. Grismer, Thomas L. Shaffer
Cleveland State Law Review
Lawyers spend more time in their offices, in person-to-person encounters counseling troubled individuals, than in any other single area. The alternative to this is litigation, an expensive, inefficient, disfunctional process. Lawyers are counselors, in the most Sartrean sense of the word; whether they intend to be or not. Legal educators like Harrop Freeman and Andrew S. Watson, and legal psychologists such as Robert S. Redmount, have pointed out the inevitability of legal counseling in practice, and the lack of adequate preparation we give our students for their lives as counselors.
Legal Aspects Of Drug Abuse, C. William O'Neill
Legal Aspects Of Drug Abuse, C. William O'Neill
Cleveland State Law Review
In discussing the existing drug laws in this country, it is useful to break them down into two categories: First, the Federal and state laws directed at marijuana and narcotics and, second, the Federal and state laws governing hallucinogenic drugs, such as LSD. Laws regulating and prohibiting the use of and traffic in the various drugs arose in response to public concern over their abuse. Federal regulation began with the Harrison Narcotic Drug Act of 1914, which was aimed at opium and other "hard" narcotics. In 1937 Congress enacted the Marijuana Tax Act, modeling it largely after the Harrison Act, …
Private Legal Action For Air Pollution, James E. Melle
Private Legal Action For Air Pollution, James E. Melle
Cleveland State Law Review
The vagueness of the concept of nuisance has resulted from the varying interpretations given it by the courts. It is still debatable whether liability for nuisance exists because of the harm done, or how the harm was created. Though there are many different purpose classifications of nuisances, this paper deals only with the basic ones-i.e., public,private, and public nuisances which are also private nuisances. What can a healthy individual do who does not live in the "neighborhood" of a polluter and yet fears that air pollution has harmful effects on his health? The air transmits the pollution, and it affects …
Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach
Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach
Cleveland State Law Review
Workmen's Compensation law is a law of a remedial nature and is liberally construed in all states. In order to avoid the impact of Van Horn and Nemeth, the schools must eliminate any contractual relationship which provides for the rewarding or renewal of scholarship aid only so long as the student plays on the team. If this proviso is eliminated from scholarship awards, the athlete's participation can be characterized under the law as voluntary or merely gratuitous, thereby avoiding the effect of the Workmen's Compensation Act. Should institutions of higher education persist in retaining a contractual employment relationship with their …