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Full-Text Articles in 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 …


Prisoner's Clothing During Trial, Christine Mukai Jan 1971

Prisoner's Clothing During Trial, Christine Mukai

Cleveland State Law Review

This paper will deal with the appearance, vis-a-vis clothing, of a criminal defendant and the right of that defendant not to be attired in prison garb during judicial proceedings. The purpose here is not to consider the practices of the various jurisdictions; rather this shall be an attempt to display the existence and implications of the right to stand trial in non-criminating clothing.


Psychologist As Expert Witness In Psychiatric Questions, Elliot R. Levine Jan 1971

Psychologist As Expert Witness In Psychiatric Questions, Elliot R. Levine

Cleveland State Law Review

When the seeking of truth and the dispensing of justice require Wan evaluation of a litigant's mental functioning, the courts have traditionally looked to medically trained psychiatrists to serve as expert witnesses. In his private practice the psychiatrist frequently uses the consultative services of a clinical psychologist because psychological tests are more quantitative, less subjective, and more sensitive to the nuances of personality deviation than are the traditional psychiatric evaluative techniques. The psychologist can offer to the court, as well as the medical profession can, the opportunity for the utilization of the most scientific means and methods of appraising personality. …


Abuse Of Process - A Misunderstood Concept, Charles G. Bretz Jr. Jan 1971

Abuse Of Process - A Misunderstood Concept, Charles G. Bretz Jr.

Cleveland State Law Review

The courts of Ohio have said that there is no difference between an action for abuse of process and one for malicious prosecution. Other jurisdictions likewise have had trouble distinguishing the two torts. Apparently, this is because the term has been used to describe a variety of dissimilar situations which are alike only in that there has been actionable injury as a result of the improper use of a legal process. To a lesser extent, the confusion may also have resulted from the varying terms used to describe the two actions, coupled with the imprecise use of the terms by …


Impact Trauma As Legal Cause Of Cancer, Donald J. Ladanyi Jan 1971

Impact Trauma As Legal Cause Of Cancer, Donald J. Ladanyi

Cleveland State Law Review

Consider the following hypothetical situation: A voluptuous blonde is window shopping along New York's fashionable Fifth Avenue. Her trek brings her to a corner street intersection which she begins to cross. A recklessly driven automobile careens around the corner and strikes the defenseless blonde pedestrian amidships, causing her to be hurled against a utility pole. Her breast strikes the pole and absorbs the full effect of the impact. A local hospital determines that her injuries consist of only a black and blue bruise spot on her breast. The swelling, due to the injury, subsides and the discoloration disappears within a …


Duty To Light Exterior Of Premises, Ralph J. Rosenthal Jan 1971

Duty To Light Exterior Of Premises, Ralph J. Rosenthal

Cleveland State Law Review

This paper will discuss the impact of lighting upon crime and crime prevention; and propose that there be recognized a general common law duty upon landowners to exercise reasonable care to maintain the means of ingress and egress to their property, over which they retain control, adequately lighted; and be liable for personal injuries due to inadequate lighting. For the purposes of this paper, distinctions among the various classes of entrants upon land, i.e., trespassers, licensees, invitees, etc., will not be considered as material. In part it is beyond the scope of this paper, and in part it is due …


Early 1970 News Of Legal Writers, Ralph D. Churchill Jan 1971

Early 1970 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, Arnold H. Sutin Jan 1971

Book Review, Arnold H. Sutin

Cleveland State Law Review

The reviewer remarks upon Senator Edward M. Kennedy's Decisions for a Decade: Policies and Programs for the 1970s and concludes that the author's plans to help America reach a brighter future are characterized by a fake optimism and that these policies are too vague to be practical.


Book Review, James T. Flaherty Jan 1971

Book Review, James T. Flaherty

Cleveland State Law Review

Review of The Lost Art of Cross Examination, J.W. Erlich, 1970.


Book Review, Elliott A. Cohen Jan 1971

Book Review, Elliott A. Cohen

Cleveland State Law Review

Review of Cops on Campus and Crime in the Streets, Erle Stanley Gardener, William & Morrow Co., Inc., New York, 1970


Problems In Legal Education 1971, Cleveland State Law Review Jan 1971

Problems In Legal Education 1971, Cleveland State Law Review

Cleveland State Law Review

Six problems in legal education, much discussed recently, were posed by the Editors of this Review to a number of the top educators in the legal 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 educators 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 to indicate …


Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis Jan 1971

Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis

Cleveland State Law Review

Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.


Book Review, Glenn E. Billington Jan 1971

Book Review, Glenn E. Billington

Cleveland State Law Review

Review of Democracy and the Student Left, George F. Kennan, Little, Brown and Company, Boston, Mass. 1968


Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty Jan 1971

Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty

Cleveland State Law Review

This article will investigate the extent to which the tenure benefits of due process are available to petitioners who can establish an "expectancy of employment." This due process, as to dismissal, includes notice, opportunity for a hearing and reasonable cause.


The University And The Bail System: In Loco Altricis, Harry W. Pettigrew Jan 1971

The University And The Bail System: In Loco Altricis, Harry W. Pettigrew

Cleveland State Law Review

The central argument of this article is that where a transient college student is arrested financial bail is seldom necessary to assure the defendant's presence in court. However, in such a case financial bail is almost always required by the court, since in the area of bail, as with other criminal law problems, the pragmatic exigencies of the traditional American criminal law system place a heavy burden on any transient to realize the same protections, privileges, and rights provided the indigenous population.' The principal objective of this article is to describe an alternative to the financial bail system for the …


Book Review, Aaron J. Ritzenberg Jan 1971

Book Review, Aaron J. Ritzenberg

Cleveland State Law Review

Review of Trial, Tom Hayden, Holt, Rinehart and Winston, New York, 1970. Tom Hayden was a codefendant in the trial of the Chicago Eight, and the book is about that trial, as well as the author's political views.


College Law: 1970-1971, Thomas E. Blackwell Jan 1971

College Law: 1970-1971, Thomas E. Blackwell

Cleveland State Law Review

The evolution and development of college law has continued to accelerate during the past year. Perhaps the best indication of the topics of direct and current concern to those practicing in this area of legal specialization is the agenda of the June 1970 meeting of the NACUA. With few exceptions, the papers presented emphasized the problem of order on the campus and the role of the judiciary in its preservation.


Untenured Professors' Rights To Reappointment, Arthur H. Kahn, Michael D. Solomon Jan 1971

Untenured Professors' Rights To Reappointment, Arthur H. Kahn, Michael D. Solomon

Cleveland State Law Review

We are now in a period during which present tenure systems are undergoing close scrutiny by the public and the legislatures. Some of those now criticizing universities would like to see these institutions of higher learning placed under greater accountability to the public. It is especially during this period that university boards and administrators must exercise extreme care to eliminate abuses of tenure and pre- vent any new abuses from occurring, in order to avoid unnecessary criticism from those who wish to embarrass the supporters of that academic freedom under which our universities have flourished. To further complicate this controversy …


Limitless Horizons Of Limited Policies Of Insurance, Harry H. Lipsig Jan 1971

Limitless Horizons Of Limited Policies Of Insurance, Harry H. Lipsig

Cleveland State Law Review

Limited policies have limitless horizons due to the selfishness of insurers. Why should insurers accept settlement offers that are close to the policy limits? After all, in most instances the insurers have nothing to lose except the insureds' money. Gambling with insureds' funds has led many to suggest that insurers be absolutely liable for all excess judgments subsequent to a rejection of settlement.


Women And The Equal Protection Clause, Eric R. Gilbertson Jan 1971

Women And The Equal Protection Clause, Eric R. Gilbertson

Cleveland State Law Review

The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …


Make Room For The Students: Governance Of The Law School, John J. Regan Jan 1971

Make Room For The Students: Governance Of The Law School, John J. Regan

Cleveland State Law Review

Should students share the power? The issue of student participation in the governance of colleges and universities concerns virtually every institution of higher education in the country. Confrontations at some universities have focused on this issue as one of the prime causes of student discontent. Other institutions have plunged quickly into investigations and discussions of the question to head off such disturbances.


Automobile Crashworthiness: An Untenable Doctrine, Michael Hoenig, Stephen J. Werber Jan 1971

Automobile Crashworthiness: An Untenable Doctrine, Michael Hoenig, Stephen J. Werber

Cleveland State Law Review

Unobtrusively, but with increasing frequency, the courts are rejecting a theory of liability being vigorously advanced by some members of the plaintiffs' bar with the apparent intent of opening up a vast new source of contingent fee income. The theory, variously labelled as "crashworthiness" or the "second collision" doctrine seeks to impose common-law liability upon the automobile industry for injurious consequences- of automobile collisions despite the fact that no defect or mal- function in the vehicle causes the mishap.


The Constitution And The One-Sex College, Lizabeth A. Moody Jan 1971

The Constitution And The One-Sex College, Lizabeth A. Moody

Cleveland State Law Review

These cases bring into sharp focus the question whether the Constitution permits government-sponsored institutions of higher learning on the basis of sex. Such institutions have a lengthy history in this country and, during the early years of the Republic, were the rule rather than the exception. Tradition, however, is not the test of constitutional permissibility.


Set-Off Under Uninsured Motorist's Coverage, Leon M. Plevin Jan 1971

Set-Off Under Uninsured Motorist's Coverage, Leon M. Plevin

Cleveland State Law Review

The limits of liability under uninsured motorist coverage are fixed either by policy provisions or by statute. ... These various indemnity provisions were created so as to effectively limit any payments made by the insurance carrier under the uninsured motorist endorsement in combination with any other sources of indemnification to the maximum limit of the uninsured motorist coverage. The intent of the insurance underwriter is to limit its payment under the uninsured motorist coverage to the minimum amount where the insured is indemnified or partially indemnified from more than one source. The scope of this paper will specifically be concerned …


Book Review, Thomas L. Esper Jan 1971

Book Review, Thomas L. Esper

Cleveland State Law Review

This review evaluates Persuasion: The Key to Damages edited by Grace W. Holmes. The book states that communication is key to persuasion and it discusses the best ways to convey a message.


War Tax Refusal: Some Code Problems, William Louis Tabac Jan 1971

War Tax Refusal: Some Code Problems, William Louis Tabac

Cleveland State Law Review

Throughout our history, many individuals and groups have employed tax refusal to make their points. ...a protest based on tax refusal has never won a significant number of adherents in this country. There are several reasons for this, but the most pervasive seem to be the fear most people have of going to jail and the confusion that exists in their minds about the limits of the power of the Internal Revenue Service (I.R.S.), that is, what this agency can and cannot do to people who do not pay their taxes. Until some of their doubts are answered, the antiwar …


Death Of Charitable Trust Corporation Law, B. Richard Sutter Jan 1971

Death Of Charitable Trust Corporation Law, B. Richard Sutter

Cleveland State Law Review

Since the subject of non-profit corporations covers such a broad area, this paper will be limited to "Type B corporations" (i.e., the "charitable" type) as described in the new New York Not-For-Profit Corporations Law. These classifications of the new statutory concept (Types A, B, C, D) look to the general purpose of the organization, rather than to a very specific purpose, or to whether or not stock is issued. The New York law further provides for the possibility of any corporation having multiple and overlapping purposes, thus providing a very rational and simple (though debatable as to policy) test to …