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Articles 1 - 30 of 64
Full-Text Articles in Law
Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter
Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter
Cleveland State Law Review
In 1965 the 106th Ohio General Assembly passed Ohio's first fair housing law effective October 30, 1965. Doing so, the Ohio legislature extended the jurisdiction of the existing Ohio Civil Rights Commission to the field of housing. By excluding single and double owner-occupied residential dwellings, the 1965 law had a limited effect upon approximately fifty per cent of the housing in the state of Ohio. This paper will not deal with the unlawful practices involving lending institutions, restrictive covenants or blockbusting. Instead it will address itself to the administration of that portion of Chapter 4112 of the Ohio Revised Code …
Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes
Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes
Cleveland State Law Review
The Ohio courts, in their interpretation of the Workmen's Compensation Law, have attempted to establish clear-cut principles of compensability for the working man when his on-the-job injuries are caused by the forces of nature and acts of God. However, the attempts of the courts to establish rules of compensability fail to provide predictability and consistency. The principles proposed are inadequate to cover all the situations that may arise.
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?
State Legislative Response To The Housing Crisis, Richard E. Streeter, David G. Davies, Arthur V. N. Brooks
State Legislative Response To The Housing Crisis, Richard E. Streeter, David G. Davies, Arthur V. N. Brooks
Cleveland State Law Review
Great public attention has recently been focused on the crisis in housing facing all major urban areas in this country. This article has been prepared to bring close attention to one segment of the hoped for solution-legislative action needed on the state level.
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 …
Political Rights Of Government Employees, Donald H. Buckley
Political Rights Of Government Employees, Donald H. Buckley
Cleveland State Law Review
There are nearly three million federal employees, of whom 50.8 percent are professional, technical or administrative personnel. These federal employees and those individuals employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency are subject to the United States Civil Service Commission rules regulating political activity. Under Civil Service rules, individuals may be removed from their employment for doing what every other American may consider a constitutionally protected right; namely, participating actively in …
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 …
Non-Profit Types, Uses, And Abuses: 1970, Howard L. Oleck
Non-Profit Types, Uses, And Abuses: 1970, Howard L. Oleck
Cleveland State Law Review
American society long has consisted, to an extraordinary extent, of voluntary associations of persons and organizations not-for-profit, but for the public good (pro bono publico). No other nation in the world even approaches the United States in number and activity of non-profit organizations. These organizations are based on the characteristic American tendency to form groups (to associate themselves) voluntarily, for the accomplishment of social, religious, educational, fraternal, economic, and other purposes. Americans are the greatest "joiners" in the world. American non-profit organizations, generally speaking, are a magnificent part of the society, despite the disturbing growth of abuses among them.
Book Review, Thomas Parker Hayes
Book Review, Thomas Parker Hayes
Cleveland State Law Review
Reviewing Albert G. Sugarman, Examining the Medical Expert: Lectures and Trial Demonstrations, Institute of Continuing Legal Education, 1969
Torts On Boats And Yachts, Jeffrey A. Rich
Torts On Boats And Yachts, Jeffrey A. Rich
Cleveland State Law Review
Summer is here, and boaters eagerly sail or drive their gems-of-the ocean in summer fun. To the lawyer, the boating season means personal injury cases of a special, and possibly, unfamiliar nature. Torts on yachts usually fall within United States admiralty law jurisdiction. We shall sketch the applicable law-for those who read as they run (over the waves).
News Of Legal Writers And Writings, Ralph D. Churchill
News Of Legal Writers And Writings, Ralph D. Churchill
Cleveland State Law Review
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, the honorary society of distinguished legal writers, is seeking, particularly this coming year, to direct its efforts towards the general improvement of the quality of writing in the legal profession. 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 the Bar.
Two Cheers For The Supreme Court, Paul A. Freund
Two Cheers For The Supreme Court, Paul A. Freund
Cleveland State Law Review
Text of speech given by Prof. Freund on the occasion of the presentation of the 1969 SCRIBES award for the best book written for laymen as well as lawyers, Law and Justice (Harvard University Press, 1968).
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, …
Rx For Malpractice, Albert Averbach
Rx For Malpractice, Albert Averbach
Cleveland State Law Review
Every tragedy that becomes the subject of extensive coverage by the news media shortly turns into a focal point of malpractice litigation. This, of course, is inevitable and will ever be thus. Doctors for many years have been "spoon fed" stories and warnings about malpractice suits and hazards. Nothing, however, has been constructively advocated as to how this tide can be stemmed or what can be done in the face of it. Some years ago, Mark Twain wrote, "Everybody talks about the weather, but nobody does anything about it." It is our objective in this article to not only alert …
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Effect Of Usury Laws On Home Ownership Needs, Richard S. Stoddart, Earl R. Hoover
Cleveland State Law Review
In this paper we examine usury laws which thwart the thrift industry, particularly savings and loan associations, from entering fully into the needed home financing picture of the 1970's. If there is virtue in owning a home, be it a normal house, mobile home, condominium or a 99-year leasehold, (and the very basis of American life suggests that there is), and if the predicted housing boom is actually to occur, substantial changes should be made in laws which frustrate home financing.
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 …
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 …
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 …
History Of Arbitration Practice And Law, Frank D. Emerson
History Of Arbitration Practice And Law, Frank D. Emerson
Cleveland State Law Review
Long before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the resolving of discord, the adjustment of differences, and the settlement of disputes. It is important to recall the early uses of arbitration at this time when, in the midst of a rising tide of controversy, doubts arise. Arbitration is sometimes thought to be something new, untried, and hazardous to good public relations; or its organization seems to be detrimental to judicial institutions that seem older, but are in reality next-of-kin.
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.
Bastardy Proceedings - A Proposal, Harry W. Greenfield
Bastardy Proceedings - A Proposal, Harry W. Greenfield
Cleveland State Law Review
The putative father's rights in bastardy proceedings are in need of protection. It is true that many a defendant is indeed the father of the child; however, the the defendant, be he guilty or innocent, must be upheld. The father may face jail anytime he cannot adequately explain to the court why he had not been making his support payments. Over the years the courts have allowed civil procedure to govern quasi-criminal cases in this area of law. The courts have rationalized their position by emphasizing that the purpose of a bastardy action is solely financial redress. There is a …
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.
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.
Organization And Operation Of Non-Profit Corporations - Some General Considerations, Robert S. Pasley
Organization And Operation Of Non-Profit Corporations - Some General Considerations, Robert S. Pasley
Cleveland State Law Review
To come now to my assigned topic, I propose to discuss some of the more general aspects of non-profit corporations under the following headings: Definitions, Purposes and Powers, Formation, Finance, Members. My observations will be based principally on the Model Non-profit Corporation Act and the recently enacted New York Not-for-Profit Corporation Law. The former has been adopted in some six or seven states and parts of it have been enacted in four other states.
Foundations: Organization And Operation, Alexander Brodsky, Harry E. Brodsky
Foundations: Organization And Operation, Alexander Brodsky, Harry E. Brodsky
Cleveland State Law Review
As lawyers we can anticipate much activity in new litigation challenging foundations for misuse and abuse of their privileged existence.Foundations themselves must demonstrate their sense of responsibility to the public. The problem of accountability is of prime all philanthropic foundations.To accomplish these objectives we must, as Professor Sacks presented the question, search for the ideal methods for maintaining (calls) "the delicate balance of public ends and private means that ismbodied in the charitable foundation."
Privileges And Immunities Of Non-Profit Organizations, Gerard D. Dimarco, Ira O. Kane
Privileges And Immunities Of Non-Profit Organizations, Gerard D. Dimarco, Ira O. Kane
Cleveland State Law Review
"And now abideth, faith home and charity, these three; but the greatest of these is charity." This unsubtle reference to the word charity describes superficially the field of non-profit or not-for-profit corporation law. The objective of this paper is not to delve into the intricacies and complexities of the non-profit area, but rather to make manifest a few of the many privileges and immunities granted to non-profit corporations.
State Administration Of Charities, Richard E. Friedman
State Administration Of Charities, Richard E. Friedman
Cleveland State Law Review
My remarks will be limited to state administration of the charitable trusts and charitable organizations. Charities are quasi-public in nature. They perform many valuable services to the community which may otherwise be performed by governmental agencies. Because of these high public purposes charitable organizations are granted special treatment in terms of tax exemptions, and tax deductions for contributions. The definition of charity gleaned from case law is very broad, and in recent years the definition has tended to become even broader. Virtually any undertaking which may benefit the public can fall under the very broad umbrella of charities.
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.
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Cleveland State Law Review
Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …
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 …