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Articles 1 - 30 of 31
Full-Text Articles in Law
Purpose And Promise Unfulfilled: A Different View Of Private Enforcement Under The Federal Trade Commission Act, Stephen W. Gard
Purpose And Promise Unfulfilled: A Different View Of Private Enforcement Under The Federal Trade Commission Act, Stephen W. Gard
Stephen W. Gard
In its September-October issue of 1974, this Review published a student comment concerning private enforcement and rule making under the Federal Trade Commission Act.10 The Comment took the position that a private right of action should not be implied under section 5 of the Act, which unambiguously declares that "unfair or deceptive acts or practices in commerce are . . . unlawful."' The Comment thus endorsed the holding in Holloway v. Bristol-MyersCorp. that a consumer who has suffered economic harm as the proximate result of the commission of an unfair or deceptive trade practice should not be entitled to redress …
Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta
Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta
Law Faculty Articles and Essays
In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined--but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principles, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.
Book Review, Peter D. Garlock
Book Review, Peter D. Garlock
Law Faculty Articles and Essays
The author reviews Thorns and Thistles: Juvenile Delinquents in the United States, 1825-1940.
Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler
Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler
Cleveland State Law Review
While much textual material is available citing case law and discussing legal theories of zoning law, there is very little material explaining the proper tactics and presentation to be used in a successful rezoning case. The purpose of this article is to fill this textbook void by presenting a practical overview of the total rezoning procedure, from the application for rezoning through the actual trial, and the tactics and methods to be used in the proper presentation of the zoning case. 'This will include a discussion of courtroom procedure, presentation of evidence, rules of civil procedure and pretrial discovery and …
Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier
Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier
Cleveland State Law Review
It is the intention of this article to discuss the existing devices available to the Ohio Civil Rights Commission to compel a respondent to provide the relevant factual information requested; to point out the inadequacies of these procedures; and to propose an additional method to effectuate a speedy resolution of the controversies before the Ohio Civil Rights Commission.
Two Decades Of 2-207: Review, Reflection And Revision, Paul Barron, Thomas W. Dunfee
Two Decades Of 2-207: Review, Reflection And Revision, Paul Barron, Thomas W. Dunfee
Cleveland State Law Review
This article is divided into six parts: (1) a description of the modern commercial context within which UCC section 2-207 was created and is now applied; (2) a summary of the pre-Code rule; (3) an overview of the rule engendered by section 2-207; (4) an analysis of the interpretative history of section 2-207; (5) a proposed decision model for the application of section 2-207; and (6) the suggested statutory revision.
The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller
The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller
Cleveland State Law Review
It is difficult to understand how a product so intimately connected with a bodily function and presenting such a potential for serious harm was allowed on the market without pre-market clearances assuring that it had met at least minimum standards of safety. This development is especially distressing since there exists a governmental agency whose sole function is to protect the public interest in precisely this type of situation. Since the law of products liability should not deny a remedy to the unwary consumer whose reliance on the overzealous representations of the manufacturer ended in tragedy, this note will examine the …
The Law In America: A History, Samuel Sonenfield
The Law In America: A History, Samuel Sonenfield
Cleveland State Law Review
Review of "The Law in America: A History," by Bernard Schwartz, McGraw-Hill, 1974
Psychotherapy And Confidentiality, Ralph Slovenko
Psychotherapy And Confidentiality, Ralph Slovenko
Cleveland State Law Review
Does the psychiatrist talk too much? Does the modern practice of psychiatry threaten confidentiality? Whatever disagreement may exist regarding the methods used by a therapist in the course of psycho-therapy, there is a near unanimity of opinion among therapists that nothing about a patient should be divulged to third parties. Allegedly, the patient's full participation, essential to psychotherapy, cannot be obtained without an assurance of absolute confidentiality.
Behavior Modification: Winners In The Game Of Life, Richard L. Aynes
Behavior Modification: Winners In The Game Of Life, Richard L. Aynes
Cleveland State Law Review
It is because the officials who administer the penal institutions are firmly committed to "behavior control" as a method of penological re-form that it is important to consider this "new approach" and all of its ramifications. It is to that end that this note will consider the extent and intensity of behavior control programs; the legal ramifications of such programs; and prospects for the future.
Refugees Under United States Immigration Law, Nicholas B. Kap
Refugees Under United States Immigration Law, Nicholas B. Kap
Cleveland State Law Review
The recent influx into the United States of approximately 130,000 South Vietnamese refugees makes appropriate an examination of the legal aspects of refugee immigration. Even under more tranquil circumstances many refugees from different areas of the world come to this country every year. The process of entry into the United States and the refugees' subsequent status is determined by the provisions of the Immigration and Nationality Act of 1952, as subsequently amended. This note will examine those sections of the Act which allow an alien, based upon his refugee status, to come to or to remain in the United States …
O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss
O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss
Cleveland State Law Review
On June 26, 1975, the Supreme Court was confronted with the controversial issue of whether there is a constitutionally guaranteed right to treatment for nondangerous persons who have been involuntarily and civilly committed to mental institutions. The Court avoided this long advocated issue and created the potential for future litigation by holding that a state cannot constitutionally confine a nondangerous individual solely for custodial care if such person can live safely in the outside world, without a finding of more than mere mental illness. This comment will discuss the decision in terms of the most volatile and frequently urged constitutional …
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Cleveland State Law Review
In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …
The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn
The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn
Cleveland State Law Review
This comment will discuss the traditional arguments against public sector collective bargaining, suggest answers to those arguments, and analyze the Dayton Classroom Teachers Association decision. It will conclude with an analysis of how the issues should be considered and suggest the problems which are presented by Ohio's case law.
The Effects Of Tucker On The Fruits Of Illegally Obtained Statements, Jeffery P. Reinhard
The Effects Of Tucker On The Fruits Of Illegally Obtained Statements, Jeffery P. Reinhard
Cleveland State Law Review
Although the Court has been careful to point out that illegally obtained statements are not admissible in the prosecution's case in chief, Michigan v. Tucker has done much to erode even that principle. In Tucker, the Court found admissible the testimony of a witness whose identity was learned solely on the basis of a statement obtained from the defendant in violation of the guidelines set forth in Miranda. Despite the Court's statement that it was significant that the interrogation preceded Miranda, and notwithstanding its reiteration of the principle that the defendant's statements would not have been admissible in the prosecution's …
Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven
Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven
Cleveland State Law Review
This article will examine four issues which the practitioner may face in handling litigation under Section 3109.09, which imposes liability on the parents of children who willfully damage the property of another: whether the statute extends to a "taking" of property; whether the term "parents" includes others who have custody and control of a minor; whether an insurance company as a subrogated plaintiff may maintain an action under the statute; and, finally, whether parents of the minor wrongdoer are provided with coverage under their homeowners policy in an action brought against them under Section 3109.09.
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne
Cleveland State Law Review
For years the conflict of interest problem that occasionally arose out of the defense of an insured by his liability carrier denying coverage under the policy was, for the most part ignored. Now, within the last decade, it has surfaced as one of the most litigated questions in the field of insurance law. In the last issue of this Review, this author attempted an exegesis of Motorists Mutual Insurance Co. v. Trainor, then the latest pronouncement on the subject by the Supreme Court of Ohio. Soon after that article was published, the Supreme Court again addressed itself to the problem …
Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman
Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman
Cleveland State Law Review
This Note will be a national review of the past experiences with and potential action in the area of sex discrimination in residential real estate transactions. Emphasis will be on sex discrimination in the rental of real property, with a brief review of the more commonly acknowledged problem of credit discrimination in home sale financing. The present suitability of available state remedies will be discussed, with an analysis of the charges filed. And, the emergence of Fair Housing Act racial litigation will be explored, with a view towards its application in sex discrimination housing cases.
Adoption Reform In Ohio, Kathleen Haack Hartley
Adoption Reform In Ohio, Kathleen Haack Hartley
Cleveland State Law Review
This note will treat the three areas of the proposed Ohio Adoption Reform bill which seem significant: the need for agency consent in adoption proceedings; the rights of putative fathers in adoption proceedings; and independent adoptions. While a complete separation of the social and legal consequences of the proposed changes is not always possible, this note will focus primarily on the legal ramifications in these particular areas by sampling the laws of various states with an emphasis on Ohio law as it relates to the proposed adoption procedure.
Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah
Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah
Cleveland State Law Review
This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which recognizes …
Line-Of-Business Reporting: A Legal Basis, J. V. Baumler
Line-Of-Business Reporting: A Legal Basis, J. V. Baumler
Cleveland State Law Review
The action of the SEC has mooted, for regulated firms, the question of whether or not an obligation existed to report a segmented earnings statement even without administrative regulation. Some had suggested that such an obligation did exist. No matter; the question is now answered affirmatively, such reports must be prepared. We are none-the-less left with the thorny question of how best to provide segmented financial reports. The next section of this paper will identify the major problems of implementation. Then attention will be focused upon one of these problems and an examination will be made of its possible resolution …
The Woman Law Student: The View From The Front Of The Classroom, Jurate Jason, Lizabeth Moody, James Schuerger
The Woman Law Student: The View From The Front Of The Classroom, Jurate Jason, Lizabeth Moody, James Schuerger
Cleveland State Law Review
The primary purpose of this study was to examine law professors' opinions on selected areas of the professor-student relationship with primary focus on the professors' views of and reactions to women law students. A secondary purpose of the study was to stimulate law professors to examine their attitudes and behavior toward women law students.
The Psychological Stress Evaluator: Yesterday's Dream - Tomorrow's Nightmare, Deborah Lewis Hiller
The Psychological Stress Evaluator: Yesterday's Dream - Tomorrow's Nightmare, Deborah Lewis Hiller
Cleveland State Law Review
This note will examine the manner in which the Psychological Stress Evaluator functions and explore the legal implications stemming from its use as a lie detector. More specifically, three issues which arise in connection with the use of the PSE will be discussed: first, the validity and reliability of the PSE; second, the admissibility of PSE test results in evidence; and third, the potential remedies for subjects of PSE tests who have occasion to object.
Artificial Insemination - A Model Statute, Leonard G. Kamlet
Artificial Insemination - A Model Statute, Leonard G. Kamlet
Cleveland State Law Review
The increasing incidence of artificial inseminations in the fifties and sixties resulted in a profusion of commentary devoted to the significance of the procedure. Characteristic of the motivations of many writers were the moral, psychological, and social implications of the technique. In contrast, the creative legal response was limited. Paralleling the stagnation of judicial and legislative action in most states, the number of commentators addressing the issue in recent years has been minimal. This comment hopes to focus the attention of legislators on the need to clarify the morass surrounding artificial insemination.
Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan
Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan
Cleveland State Law Review
This comment will explore the extent to which the exclusion of hearsay evidence in a delinquency proceeding is a practical reality in the Ohio system. In so doing, the possibilities for abuse will be highlighted and suggestions for their elimination will be made, all in the spirit of the Supreme Court's mandate to provide fundamental due process safeguards to this procedure.
Class Actions Under Rule 23(B)(2): A Type Of Class Action Which Does Not Require Eisen Notice, Gary L. Eby
Class Actions Under Rule 23(B)(2): A Type Of Class Action Which Does Not Require Eisen Notice, Gary L. Eby
Cleveland State Law Review
This comment will address the subject of class actions under Federal Rule 23(b) (2) and will trace the development of notice requirements, taking note of the split of authority on the issue. The holding and the deceivingly broad language of the Supreme Court's decision in Eisen will also be examined in order to illustrate its lack of effect on the (b) (2) notice requirements that have developed in the lower courts.
Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta
Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta
Cleveland State Law Review
In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined -but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principals, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.
Train V. Natural Resources Defense Council: The Genesis Of A New Era Of Federal-State Relationships In Air Pollution Control, Michael L. Hardy
Train V. Natural Resources Defense Council: The Genesis Of A New Era Of Federal-State Relationships In Air Pollution Control, Michael L. Hardy
Cleveland State Law Review
The purpose of this article is to analyze the Supreme Court's decision in Train v. Natural Resources Defense Council, Inc., and to assess its impact on the federal-state relationship under the Clean Air Act. In order to understand the implications of the Court's decision, it is first necessary to examine briefly the federal-state relationship envisioned by Congress in the legislative history surrounding the 1970 amendments and then consider the decisions of various courts interpreting that relationship.
Rape Reform Legislation: Is It The Solution, Helene Sasko, Deborah Sesek
Rape Reform Legislation: Is It The Solution, Helene Sasko, Deborah Sesek
Cleveland State Law Review
In order to evaluate rape reform legislation we will compare the new statutes with the old, critically analyze reform legislation, present arguments both in support of and against various aspects of rape reform legislation, and estimate the effect on the rape problem that such legislation is likely to have.
Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner
Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner
Cleveland State Law Review
The tax approach to profit realized from the sale or exchange of real property involves a complex determination of whether it is to be treated as ordinary income or a capital gain. This problem has plagued the practitioner for more than fifty years, and has produced a voluminous body of case law. Developments in recent years have resulted in some clarification, yet to a certain extent, decisions have merely complicated what was already complex.