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Articles 1 - 30 of 55
Full-Text Articles in Law
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Cleveland State Law Review
In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …
Mid-1972 News Of Legal Writers, Ralph D. Churchill
Mid-1972 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Cleveland State Law Review is the periodical selected as the ;official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking particularly to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. 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.
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Aged Or Disabled Physicians, Peter P. Zawaly Jr.
Cleveland State Law Review
This article will not concern itself, per se, with the recently much written about subject of medical professional liability. "The concept of professional liability should never be equated with the concept of incompetence", for the former is a malperformance at a given time, whereas the latter is the lack of ability to perform at all. Those illnesses, whereby a physician is rendered incompetent, that will be treated in the following text with particular attention, are senility, drug addiction, and alcoholism. Once establishing the scope of the problem, a brief examination of the disciplinary measures available within the profession and their …
Non-Profit Corporations' Names, Sheila M. Kahoe
Non-Profit Corporations' Names, Sheila M. Kahoe
Cleveland State Law Review
A non-profit organization , like its counterpart, the profit-seeking corporation, must have a name if it is to exist as a legal entity. Most states impose statutory restrictions on the selection of a name, with little or no distinction between the rules governing the business corporation and the non-profit corporation. For example, in Ohio the two sections of the Revised Code relating to corporate names are virtually identical. The Ohio statute serves to illustrate the policy reasons for the state's policing of the selection of a corporate name. Two important considerations are set forth in the statute: first, that the …
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Cleveland State Law Review
The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Cleveland State Law Review
The scenario is commonplace: Plaintiff causes summons to be served on the defendant. The defendant believes the summons is fatally defective, or the service is faulty, or that, for some reason or another, the court in which the action is brought cannot lawfully obtain jurisdiction over his person. Accordingly, he files a motion to quash and set aside the summons, or a motion to dismiss for want of in personam jurisdiction. As so frequently happens, the court does not quite see the wisdom of defendant's position, and overrules the motion. Usually, the court's journal entry will note that the defendant's …
Occupational Safety And Health Act Of 1970, Lee Hornberger
Occupational Safety And Health Act Of 1970, Lee Hornberger
Cleveland State Law Review
More than fourteen thousand workers died as a result of occupationally related accidents in 1970. This is more than died in Vietnam during the same period. During the 1960's, more than 150,000 Americans died under similar conditions. This was in spite of occupational safety and health legislation in most of the states. Federal safety legislation in limited areas had failed to stem the fatal tide in even those limited areas. It had become apparent that unless a new comprehensive approach was used the worksite would become even more deadly than the battlefield. The Occupational Safety and Health Act of 1970 …
Serrano: Its Progeny And Its Prophecy, James T. Flaherty
Serrano: Its Progeny And Its Prophecy, James T. Flaherty
Cleveland State Law Review
No court decision since the Brown' decrees of 1954 have had such a devastating effect on the educational status quo as has the California STATE AID PROPERTY Tax decision of Serran and its progeny. Here, the California Supreme Court declared that unequal financing of public schools, based primarily on the local property tax, is a violation of the equal protection clause in that it "invidiously discriminates" against the poor.
Damages For Wrongful Birth, Joyce E. Barrett
Damages For Wrongful Birth, Joyce E. Barrett
Cleveland State Law Review
While recovery of damages for wrongful death was sanctioned in England as early as 1846 and is now available by statute in every state, the law has been loathe to afford a remedy for wrongful birth. Plaintiffs who have attempted to cope with the problem of people- pollution by various birth control methods, only to have their ecolog- ical efforts stymied by the negligence of a physician performing a sterilization operation or a pharmacist dispensing birth control pills, have been denied a remedy for what, in this writer's view, is the "wrongful birth" of the resulting child. This paper will …
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Malicious Prosecution Suits As Counterbalance To Medical Malpractice Suits, Allen P. Adler
Cleveland State Law Review
A few years ago medical malpractice suits were something of a rarity in the United States. They now appear to be a major national problem. The magnitude of this ever increasing problem can be illustrated by the fact that a Senate subcommittee, chaired by Sen. Abraham Ribicoff, has investigated the increase in malpractice litigation and that President Nixon has ordered the establishment of a Commission on Medical Malpractice, under the Department of Health, Education and Welfare, to research the problem and report a possible solution by March 1, 1972.
Contributory Negligence In Medical Malpractice, Diane Shelby
Contributory Negligence In Medical Malpractice, Diane Shelby
Cleveland State Law Review
The best and most complete defense to a charge of malpractice is the allegation and proof of the absence of negligence. It is also the most often used defense. Of the less popular defenses, contributory negligence on the part of the patient is probably the least attractive and the most difficult to maintain, even though it has been held to be a complete bar to recovery in several cases difficult to categorize.
Short Tendering Rule In The Sale Of Securities, Larry A. Oday
Short Tendering Rule In The Sale Of Securities, Larry A. Oday
Cleveland State Law Review
Rule 10b-4 of The Securities and Exchange Commission, also known as "the short tendering rule," might be described as one of the best kept secrets in securities regulation. Although it has been in effect for more than three years, very few attorneys or brokers know anything about it or have even heard of it.
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Cleveland State Law Review
Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Cleveland State Law Review
The decision thus promulgates three principal rulings: (1) that sovereign immunity does not provide a bar to bringing an action against the State of Ohio, (2) that the state is liable by virtue of the doctrine of respondeat superior for the authorized activities of its officers, employees and other agents, and (3) that freedom of individual agents from civil liability arising out of authorized activities for the state is retained. The effects of these rulings are far from obvious, in large part because of the confused prior state of the law upon which they are engrafted. Furthermore, the grounds given …
Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano
Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano
Cleveland State Law Review
It is not often that a legislative event and a happenstance of life converge almost simultaneously upon a specific and narrow issue of law. This is precisely what occurred in Ohio in the latter part of 1970. In that year, the legislature amended the Ohio Uninsured Motorist Statute to declare, in effect, that a vehicle would be considered "uninsured" when the company insuring that vehicle for some reason became financially insolvent. The amendment became effective October 1, 1970. That same year the legislature enacted legislation to provide a fund from which claims could be paid in the eventuality that an …
Legal Nature Of Parliamentary Procedure, John Waldeck
Legal Nature Of Parliamentary Procedure, John Waldeck
Cleveland State Law Review
Parliamentary procedure is law. Its origins are found in the English and American legislatures and it was adopted by the nonlegislative assemblies in this country for ordering the conduct of meetings and the making of decisions. ...The law has been projected into parts of parliamentary procedure by case and code law but it has been ignored in the broad field. Most laymen have conversely ignored the law and proceeded to write and publish with no regard to the legal aspects. It is in this area, between the lawyers and the laymen, that a blind spot has developed in the law. …
Motives Of Non-Profit Organizations And The Antitrust Laws, Frank J. Nawalanic
Motives Of Non-Profit Organizations And The Antitrust Laws, Frank J. Nawalanic
Cleveland State Law Review
Non-profit status has traditionally been delegated and regulated by state law. It is becoming increasingly clear that state law is expanding the types of organization allowed non-profit status, thus inviting more abuses of the status to exist. This is exemplified by New York's "Not-For-Profit Corporation Law" and recent indications by Pennsylvania and California legislators of their contemplation of enacting similar statutes. It is with this understanding that the applicability of the antitrust laws to non-profit corporations will be considered.
Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman
Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman
Cleveland State Law Review
The inadequate avenues of direct relief available to those groups that have been discriminated against have been a cause of frustration and a source of alienation leading in certain instances to violence. The inability of our legal system to assure equal job opportunity has contravened the very essence of the thirteenth amendment of the United States Constitution prohibiting slavery.
Visitors' Refusal To Leave Premises, Joseph Gibson
Visitors' Refusal To Leave Premises, Joseph Gibson
Cleveland State Law Review
Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Cleveland State Law Review
The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …
Qui Tam Actions For Citizen Enforcement Of The Refuse Act Of 1899 Against Polluters, J. S. Ott
Qui Tam Actions For Citizen Enforcement Of The Refuse Act Of 1899 Against Polluters, J. S. Ott
Cleveland State Law Review
It may be possible for private citizens to enforce the Refuse Act of 1899 when prosecutors refuse to act. This is possible, proponents suggest, by applying the ancient theory of qui tam to criminal sanctions in the Refuse Act. So far, the scheme has met with no reported judicial approval. ...The court again recognized in 1943 that "qui tam suits have been frequently permitted by legislative action . . . ."" A number of Federal statutes authorize qui tam action by the common informer.12 As late as 1970, the Hudson River Fisherman's Association was granted $2,000, under the 1899 Rivers …
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Cleveland State Law Review
Increasingly over the past decade, persons charged with violations of "unconstitutional" federal or state statutes have sought to obtain equitable relief in the federal courts. Most often, the relief sought has been in the form of an injunction restraining the government from prosecuting or threatening to prosecute under the allegedly invalid statute. Declaratory relief (that the statute is, in fact, unconstitutional) has often been sought as an additional or alternative remedy.
A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne
A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne
Cleveland State Law Review
No fair observer could deny that there are glaring flaws in our system of criminal justice. The mention of only a few will suffice to illustrate the point: The police are insensitive to civil rights, and brutal to the poor and to minorities; prosecutors victimize the defenseless who are unable to obtain adequate counsel to protect their rights. And all this is done in the name of law and order. Only the brutalized members of minorities-both racial, ethnic, and financial-are more aware of these injustices than are today's law students. These students rightly burn with a combination of indignation at …
Book Review, Francis L. Bremson
Book Review, Francis L. Bremson
Cleveland State Law Review
This review gives an overview of Sanctions for Evil by Nevitt Sanford, Craig Comstock, and Associates. The book aims to determine the causes of "social destruction," which is societal harm that is socially sanctioned.
Book Review, Salvatore J. Lopresti
Book Review, Salvatore J. Lopresti
Cleveland State Law Review
This entry focuses on the text Law and the School Superintendent. The book offers examples for lay readers of how to deal with issues like collective bargaining, discrimination, and free speech in schools.
Book Review, Beverly H. Briggs
Book Review, Ann Aldrich
Information Science Techniques For Legal Searching, Deborah C. Goshien
Information Science Techniques For Legal Searching, Deborah C. Goshien
Cleveland State Law Review
Information scientific methods can be combined with current legal searching techniques to improve the usefulness and cost-effectiveness of computerized legal research. By combining methods from several disciplines, the lawyer-user may be enabled to locate relevant material that might be missed in either a manual or a straight word-byword computer search.
Education In Professional Responsibility, David B. Goshien
Education In Professional Responsibility, David B. Goshien
Cleveland State Law Review
The problems, indeed the inadequacy of present legal education in ethics and professional responsibility are well known. The traditional methods of preparing law students for the avoidance of ethical and even criminal complaints against them in their future practice of law have been, in the main, divisible into two general categories: the "pervasive" method, through which understanding is supposed to be gained by students as if by osmosis through all courses and general law school contract, and the "specific" method which offers a course in the subject. Both methods are commonly used but neither seems to have achieved an acceptable …
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Hospital Liability: Implications Of Recent Physician's Assistant Statutes, Daniel W. Coyne
Cleveland State Law Review
New methods must be devised to increase the efficient use of the available supply of physicians. "Among the innovations being tried with physicians is the development of new disciplines involving assistants to physicians." Increasing utilization of returning medics from the armed forces is being undertaken to help relieve the civilian manpower shortage. The legal implications of these developments range from problems of licensure to considerations of vicarious liability for an assistant's negligence (malpractice) or for the negligence of the assistant's supervising physician. It is with a species of this latter problem that this paper will be concerned. But one ought …