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Full-Text Articles in Law

Book Review, William Harvey Wiest Jan 1971

Book Review, William Harvey Wiest

Cleveland State Law Review

Review of Current School Problems, Edited by William Carroll, Practising Law Institute, 1969


Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle Jan 1971

Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle

Cleveland State Law Review

The doctrine of in loco parentis and the right of the teacher to inflict corporal punishment has a long history of acceptance. The doctrine itself has survived for centuries with no serious challenges to its validity or acceptability. The doctrine states that a teacher stands in the place of the parent and has the right to discipline his students, including the right to inflict corporal punishment for reasonable cause and in a reasonable manner. The basis of the doctrine is an assumption of the delegation of parental authority and an assumption of the correctness of the teacher's actions. A direct …


School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley Jan 1971

School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley

Cleveland State Law Review

Boards of education, whose members are elected to their public office; whose members are, collectively, the employers of educators; and whose members are, collectively, the governing authority responsible for the educational policies in their school district, have a duty far greater than merely serving as a vehicle for the purpose of carrying out the affairs of state. Because school activity constitutes the first sustained contact of governmental authority with our youthful citizens, school boards have the highest degree of responsibility to represent the sov- ereign and majestic power of government in the most enlightened manner possible.


Unemployment Insurance: Good Cause For Leaving Employment, Gerry Davidson Jan 1971

Unemployment Insurance: Good Cause For Leaving Employment, Gerry Davidson

Cleveland State Law Review

The primary objectives behind the enactment of unemployment insurance programs have been enunciated as follows: Unemployment insurance is a program established under Federal and State law for income maintenance during periods of involuntary unemployment due to lack of work, which provides partial compensation for wage loss as a matter of right, with dignity and dispatch, to eligible individuals. It helps to maintain purchasing power and to stabilize the economy. It helps to prevent the dispersal of the employers' trained work force, the sacrifice of skills, and the breakdown of labor standards during temporary unemployment. However, there are certain requirements a …


Habeas Corpus In Peru: Myth And Reality, H. H. A. Cooper Jan 1971

Habeas Corpus In Peru: Myth And Reality, H. H. A. Cooper

Cleveland State Law Review

The purpose of the present article is not to criticize the laudable project of those whose object is to secure better protection for fundamental human rights, but rather to examine in detail the theory and practice of habeas corpus in one Latin American country, Peru, and to demonstrate that the greatest encroachments on human rights come not from political tyranny, as is popularly imagined, but from the malfunctioning of the legal system itself, against which even the most perfectly conceived habeas corpus is quite ineffective. It is trite but true that a legal system is only as effective as the …


Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe Jan 1971

Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe

Cleveland State Law Review

It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …


Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak Jan 1971

Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak

Cleveland State Law Review

The original registration of land titles act was adopted by the Ohio legislature in 1896.1 Commonly known as "the Torrens Law" 2 or "the land registration law" 2 in this and the other states where it has been promulgated, it comprises Chapters 5309 and 5310 of the Ohio Revised Code (ORC). These statutes are not to be confused with the general recording laws of the state which apply to the recording of instruments conveying, encumbering, or otherwise affecting title to real property. The basic difference between the two is that under the Torrens Law the title to land is registered, …


Reference Ordinances And Three-Judge Courts, Elizabeth Du Fresne, William Du Fresne Jan 1971

Reference Ordinances And Three-Judge Courts, Elizabeth Du Fresne, William Du Fresne

Cleveland State Law Review

As the fragmentation of areas of governmental responsibility increases, statutory reference terms which once were securely static in meaning must be re-examined. Illustrative of this evolutionary ambiguity are the terms "state statute" and "state officer" as they appear in the jurisdictional statute for federal three judge courts. ... The Supreme Court has emphasized the importance of the jurisdictional considerations in potential three judge cases by refusing to discuss the merits of a case which should have been decided by either a single judge or a three judge court and was not. The Court has cautioned us that § 2281 is …


June 1971 News Of Legal Writers, Ralph D. Churchill Jan 1971

June 1971 News Of Legal Writers, Ralph D. Churchill

Cleveland State Law Review

The Editors of the Cleveland State Law Review are 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 year, 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 …


Book Review, James C. Williams Jan 1971

Book Review, James C. Williams

Cleveland State Law Review

Review of Legal Limits of Authority over the Pupil, Edward C. Bolmeier, Michie Co. 1970


Book Review, Avery S. Friedman Jan 1971

Book Review, Avery S. Friedman

Cleveland State Law Review

White Racism and the Law, Lois B. Moreland, Charles E. Merrill Publishing Co., 1970


Malpractice Actions Without Expert Medical Testimony, William P. Gibbons Jan 1971

Malpractice Actions Without Expert Medical Testimony, William P. Gibbons

Cleveland State Law Review

Fear of malpractice actions against them is causing physicians to "run scared." Some physicians now say that they feel that the threat of legal action has materially altered the practice of medicine. Defensively, some medical doctors say that they are ordering additional X-rays and lab tests, just to have them on record. Others say they are just plain afraid to try new techniques and diagnostic treatments because of the specter of a malpractice action. Innovative techniques carry additional risks, and some doctors admit that in some risky situations they merely do what will keep them out of trouble rather than …


Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall Jan 1971

Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall

Cleveland State Law Review

Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …


Threats As Criminal Assault, Ranelle A. Gamble Jan 1971

Threats As Criminal Assault, Ranelle A. Gamble

Cleveland State Law Review

Early in its history, the common law found it imperative to acknowledge and define an individual's interest in his personal integrity, physical safety and mental tranquility. The law formulated the legal rules of assault to protect this particular interest when it is wrongfully interfered with by another.' In this latter half of a nerve-wracking twentieth century, it is becoming necessary to revive the early concepts of common law assault, and under certain circumstances, to redress abusive and insulting language. Any principle of common law, particularly one concerned with the control of human behavior, has social implications, and such principle, whether …


Evolution And Development Of College Law, Thomas E. Blackwell Jan 1971

Evolution And Development Of College Law, Thomas E. Blackwell

Cleveland State Law Review

The history of the development of higher education has received adequate and comprehensive treatment in many texts. However, a brief review of those facets of its evolution which relate to the subject of corporate structure is in order.


Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew Jan 1971

Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew

Cleveland State Law Review

"Due process" is an elusive concept. "It is not a mechanical instrument. It is not a yardstick. It is a process." "Its exact boundaries are undefinable, and its content varies according to specific factual contexts. . . . Whether the Constitution requires that a particular right obtain in a specific proceeding depends upon a complexity of factors. The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." The layman's conception that due process is a conglomerate of technicalities is simply wrong. Due …


Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith Jan 1971

Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith

Cleveland State Law Review

Garnishment, a field once limited only by state or local regulation, has recently undergone a series of much-needed but somewhat questionable changes. These changes are not limited to one state alone, but encompass the entire nation. On July 1, 1970, when Title III of the Consumer Credit Protection Act became effective, this field of law came under the coverage of federal restrictions. In attempting to bring the existing Ohio statutes on garnishment into line with the federal restrictions, the Ohio Legislature passed a series of amendments which became effective on September 16, 1970.


Proprietary Mentality And The New Non-Profit Corporation Laws, Howard L. Oleck Jan 1971

Proprietary Mentality And The New Non-Profit Corporation Laws, Howard L. Oleck

Cleveland State Law Review

New York's New "Not-For-Profit Corporation Law" statute is likely to increase the abuse of non-profit status by many persons who pretend to be governed by altruistic motives but who actually are motivated mainly by the desire to enrich themselves.-That is the unpalatable thesis of this paper.


Section 2-318 Of The Ucc: The Sleeping Giant, William Michael Karnes Jan 1971

Section 2-318 Of The Ucc: The Sleeping Giant, William Michael Karnes

Cleveland State Law Review

The acceptance, application, and development of Section 2-318 of the Uniform Commercial Codemhas caused more trouble and confusion than the appearance of Darwin's theory of evolution in Tennessee. Overlooking the obvious possible solution of amending Section 2-318, most states have retained a written but unexercised statute and thereby compelled courts to stretch, bend and squeeze breach of warranty into the realm of strict liability in tort.


Homosexuals In The Teaching Profession, Neal G. Horenstein Jan 1971

Homosexuals In The Teaching Profession, Neal G. Horenstein

Cleveland State Law Review

What is the status of the homosexual in the teaching profession? What are the problems in obtaining authorization to teach, or applying for a teaching position, and the effects of exposure as a homosexual on job security?


Zoning Restrictions Applied To Mobile Homes, Byron D. Van Iden Jan 1971

Zoning Restrictions Applied To Mobile Homes, Byron D. Van Iden

Cleveland State Law Review

It is the thesis of this paper that a municipality may not prevent expansion of an existing mobile home park (in the absence of a clear showing that to do so is necessary to promote the public health, safety, or welfare) by excluding mobile home parks from the zoning resolution, and through statutory limitations on the expansion of nonconforming uses. After examining treatment by the courts of regulating and excluding mobile home parks, several possible approaches will be shown for the mobile home park developer to use in overcoming these zoning restrictions.


Common Law Copyright, And Conversation, Frank J. Nawalanic Jan 1971

Common Law Copyright, And Conversation, Frank J. Nawalanic

Cleveland State Law Review

Assume that "A" is a well known author and literary figure and that "B" is an author in his own right, but far less known than "A". "A" and "B" meet socially and engage in a stimulating conversation wherein thoughts and ideas are freely expressed and conclusions drawn. Sometime thereafter, "B" publishes excerpts from this conversation and "A" strongly desires to prevent such from being published and receiving publicity. To prevent publication of their conversation, "A" could proceed against "B" under several different causes of action. He could possibly allege breach of a fiduciary relationship, breach of implied contract, invasion …


Implied Warranty Of Habitability In Leases, Ira O. Kane Jan 1971

Implied Warranty Of Habitability In Leases, Ira O. Kane

Cleveland State Law Review

This paper will discuss (and take issue with) the position of a significant number of American courts which have held that there is no warranty of habitability implied in a lease. It will demonstrate the failure of many courts in this country to improve the common law rule, which has proven unrealistic in light of current legislative housing standards and building codes.


Book Review, Walter Greenwood Jan 1971

Book Review, Walter Greenwood

Cleveland State Law Review

This entry reviews Law Without Order: Capital Punishment and the Liberals by Bernard Lande Cohen. The book's scope encompasses criminal law in both the United States and Canada. Cohen argues that the excessive liberalism that followed the elimination of capital punishment has caused murder rates and other crimes to increase.


Book Review, George R. Katosic Jan 1971

Book Review, George R. Katosic

Cleveland State Law Review

The reviewer summarizes Marijuana - The New Prohibition by John Kaplan. The book describes both the benefits and negative consequences of marijuana use and suggests that a licensing system is instituted to control use of the drug, but not outlaw it.


Book Review, Joyce Barrett Krebs Jan 1971

Book Review, Joyce Barrett Krebs

Cleveland State Law Review

Dr. Jay Ziskin's Coping with Psychiatric and Psychological Testimony argues that statements from psychological "experts" should not be accepted as admissible evidence in a court of law.


Judicial Control Over Passport Policy, Leon Hurwitz Jan 1971

Judicial Control Over Passport Policy, Leon Hurwitz

Cleveland State Law Review

This paper is concerned with the judiciary's role in influencing both the procedure and substance of one particular aspect of foreign policy, namely, the passport policy of the State Department. That a decision regarding passports is a foreign policy decision has long been advanced by the President and Secretary of State. It is generally accepted that the issuance and regulation of passports is an integral part of the general conduct of American foreign relation


Punitive Damages In Wrongful Death, Gary N. Holthus Jan 1971

Punitive Damages In Wrongful Death, Gary N. Holthus

Cleveland State Law Review

Punitive damages, also known as exemplary damages, smart money, or vindictive damages, are damages awarded to a plaintiff on a finding of malicious, fraudulent, willful, wanton, or reckless conduct by a defendant, indifferent to the rights and safety of others. The purpose of exemplary damages is to protect the public from reckless, willful acts and to punish the wrongdoer


Wife's Action For Loss Of Consortium, Fred Weisman Jan 1971

Wife's Action For Loss Of Consortium, Fred Weisman

Cleveland State Law Review

The recent Ohio Supreme Court ruling in Clouston v. Remlinger Oldsmobile Cadillac Inc. reversed a rule which had existed in Ohio for over fifty years. Ohio has now been added to the growing list of states which allow to a wife an action for damages for loss of consortium arising from negligent injury to her husband.


The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak Jan 1971

The Mere Evidence Rule: Need For Re-Evaluation, Leona M. Hudak

Cleveland State Law Review

This article is limited to the "mere evidence rule" as enunciated in Gouled v. United States; a brief historical sketch of the genesis of the search warrant; the two landmark decisions leading to Gouled; and, an overview of its impact upon American law, with reference to major landmark decisions. A thorough study of the rule and its application and interpretation in the various courts of the United States is book-length in proportion, as the numerous case entries under Gouled in the several editions of Shepard's United States Citations clearly illustrate. Wigmore provides a fairly comprehensive listing of decisions on illegal …