Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (9)
- Constitutional Law (2)
- Immigration Law (2)
- Intellectual Property Law (2)
- Labor and Employment Law (2)
-
- Legal Ethics and Professional Responsibility (2)
- Legislation (2)
- Taxation-Federal (2)
- Business Organizations Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Contracts (1)
- Criminal Law (1)
- Estates and Trusts (1)
- Evidence (1)
- Family Law (1)
- First Amendment (1)
- International Law (1)
- International Trade Law (1)
- Legal Education (1)
- Legal Profession (1)
- State and Local Government Law (1)
- Tax Law (1)
- Torts (1)
- Keyword
-
- Artists (2)
- Confidentiality (2)
- Copyright (2)
- mint (1)
- ADEA (1)
-
- Age discrimination (1)
- Age limitations (1)
- Age of majority (1)
- Alien (1)
- Alimony (1)
- Art dealers (1)
- Art law (1)
- Art transactions (1)
- Artist rights (1)
- Artistic freedom (1)
- Artists rights (1)
- Arts funding (1)
- Assay Commission (1)
- Auction sales (1)
- Auctioneer (1)
- Bernard Reis (1)
- Character (1)
- Child support (1)
- Code of professional responsibility (1)
- Cognovit judgments (1)
- Coins and coinage (1)
- Collectors (1)
- Commemorative coins (1)
- Commerce power (1)
- Competitive bidding (1)
Articles 1 - 22 of 22
Full-Text Articles in Law
Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane
Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane
Cleveland State Law Review
The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).
The Immigration And Nationality Act Amendments Of 1976: Implications For The Alien Professional, Beverly F. Harris
The Immigration And Nationality Act Amendments Of 1976: Implications For The Alien Professional, Beverly F. Harris
Cleveland State Law Review
Although each major amendment of the Immigration and Nationality Act of 1952, the nation's first comprehensive immigration law, has had the positive effect of enhancing broad national policies, the position of the alien professional within the statutory framework has changed with each amendment. The result is that the professional must today comply with more requirements in order to enter the United States for the purpose of employment. The purpose of this Note is to analyze the changes in the immigration laws effected by the 1976 Immigration Act Amendments and the impact of these changes upon the alien professional.
Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich
Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich
Cleveland State Law Review
Sometime ago, the New York Times reported that Erwin Griswold -former Dean of the Harvard Law School, former President of the American Bar Foundation, former Solicitor General of the United States, and one of my own mentors and friends -was asked whether all private lawyers should donate some of their time and talents to serving the poor. "Should carpenters build houses free?" he responded. The question was obviously intended as rhetorical, but in view of Mr. Griswold's stature in the legal profession his analogy deserves serious consideration, and his views deserve a serious response. My comments attempt to provide that …
Introduction, Kathleen Bannon
Introduction, Kathleen Bannon
Cleveland State Law Review
The articles included in this "Art and Law" symposium highlight a variety of issues, opinions and challenges affecting the arts today. I applaud the Cleveland State Law Review for the publication of these articles as a reflection of the developments in the complex field of arts law.
The Emergence Of Art Law, James J. Fishman
The Emergence Of Art Law, James J. Fishman
Cleveland State Law Review
It is the purpose of this Article to examine the practical and legal origins of the field of art law, and to highlight principal legal questions which are of significant concern to the visual artist.
The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.
The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.
Cleveland State Law Review
We are presently in the early middle stages of a media revolution which will reach its climax when films, in one form or another, will be found in people's homes and under consumers' control in much the same way as books and phonograph records. Although the availability of home videotaping equipment represents a giant step forward in the process, the revolution began long before the invention of the Betamax. For well over twenty years hobbyist film collectors, currently between 20,000 and 120,000 in number, have been purchasing sixteen and thirty-five millimeter prints of both copyrighted and public domain films, and …
Reflections On Estate Of Rothko: The Role Of The Legal Advisor In Relation To The Artist, Gustave Harrow
Reflections On Estate Of Rothko: The Role Of The Legal Advisor In Relation To The Artist, Gustave Harrow
Cleveland State Law Review
Estate of Rothko reveals the type of responsibility a legal advisor to an artist ought to assume if he is to render a service designed to advance not only his client's monetary interests, but the integrity of his art and his artistic aspirations as well.
The Finality Of An Order Granting A Rule 60(B) Motion For Relief From Judgment: Some Footnotes To Gte Automatic Electric, Inc. V. Arc Industries, Inc., J. Patrick Browne
The Finality Of An Order Granting A Rule 60(B) Motion For Relief From Judgment: Some Footnotes To Gte Automatic Electric, Inc. V. Arc Industries, Inc., J. Patrick Browne
Cleveland State Law Review
Is an order granting a Rule 60(B) motion for relief from judgment a final order for the purpose of appeal? In GTE Automatic Electric, Inc. v. ARC Industries, Inc., the Ohio Supreme Court answered the question in the affirmative with respect to default judgments. However, because the court's answer contains some inherent ambiguities, because default judgments comprise only one type of judgment subject to a Rule 60(B) motion for relief from judgment, and because of the variety of relief that may be granted pursuant to such a motion, the question deserves further consideration. This article begins that consideration, examines some …
Toward A Revision Of The Minting And Coinage Laws Of The United States, David L. Ganz
Toward A Revision Of The Minting And Coinage Laws Of The United States, David L. Ganz
Cleveland State Law Review
The time has come for change -for the recodification, revision, and modernization of American minting and coinage laws. The purposes of this Article are multi-fold; to examine current coinage laws, to discuss a revision proposed in1973, to present views expressed and heard by Congress in recent times, and to mesh these points in such a manner that a more viable series of minting and coinage laws will emerge. Involved in this inter-twining will be several competing interests: those of the Department of the Treasury and its subsidiary Bureau of the Mint; to the extent that their functions overlap, the Bureau …
The Model Coinage And Minting Act, United States Congress
The Model Coinage And Minting Act, United States Congress
Cleveland State Law Review
An Act to revise, modernize, and codify the statutes relating to coinage and the Bureau of the Mint
A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank
A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank
Cleveland State Law Review
Although it has not always been clear to the legal profession that the conduct of its most powerful clients affects ethical responsibilities, the resulting problems have become more evident in recent years to the courts, the Securities Exchange Commission (SEC), and members of the bar. Recent developments have been diffuse, and include a changing legal conceptualization of corporations as well as numerous considerations involved in corporate legal representation. Viewed together and placed into focus, these developments shed considerable light on the sometimes conflicting duties of the corporate lawyer to clients and to the public. While some of these ethical questions …
Assessing Internal Revenue Service Jeopardy Procedures: Recent Legislative And Judicial Reforms, Margaret M. Armen
Assessing Internal Revenue Service Jeopardy Procedures: Recent Legislative And Judicial Reforms, Margaret M. Armen
Cleveland State Law Review
Recent events have led thoughtful citizens, jurists, and Congressmen to question the wisdom of allowing the Internal Revenue Service (Service) to assess and collect taxes without prior judicial hearing in those instances in which the revenue is thought to be "in jeopardy." Congress and the Supreme Court have made significant reforms which strengthen a taxpayer's rights against Service intransigence or arrogance with respect to jeopardy assessments. The reforms, the abuses which prompted them, and suggestions for future congressional action are the subject of this Note.
Deportation Of Aliens For Convictions Based Upon Possession Of Marijuana, Alan Lee
Deportation Of Aliens For Convictions Based Upon Possession Of Marijuana, Alan Lee
Cleveland State Law Review
The recent advent of decriminalization for adjudications based upon possession of small amounts of marijuana has focused much attention upon the harsh immigration consequences of such adjudications for the permanent resident alien. Under section 241(a)(11) of the Immigration and Nationality Act (INA), an alien convicted of possession of marijuana is deportable, and only limited means of relief are available. Due to its severity, however, the section has not been viewed with favor by the courts or the Board of Immigration Appeals, and the result in recent years has been the increased use of a number of ploys either to evade …
Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin
Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin
Cleveland State Law Review
Despite the increasing importance of the journalist in society, one controversy which has long been of significant concern to reporters has yet to be resolved - the compelled disclosure of journalistic sources in courtroom or grand jury proceedings. Threatened with citation for contempt, the journalist in such situations must often face two equally unacceptable alternatives: divulge a confidential source, or go to jail. To circumvent conflicts of this nature, the journalistic profession has urged the adoption of an evidentiary privilege which would protect reporters from compelled disclosure of confidential sources. This Note will focus on one means of instituting such …
Alimony And Child Support In Ohio: New Directions After Dissolution, William Louis Tabac
Alimony And Child Support In Ohio: New Directions After Dissolution, William Louis Tabac
Cleveland State Law Review
Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband's statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and …
Recognition Under Section 501(C)(3) Of The Internal Revenue Code As A Prerequisite To Arts Grants: A Special Problem For Literary Publishers And Art Galleries, Michael E. Skindrud
Recognition Under Section 501(C)(3) Of The Internal Revenue Code As A Prerequisite To Arts Grants: A Special Problem For Literary Publishers And Art Galleries, Michael E. Skindrud
Cleveland State Law Review
This Article will examine the origin and impact of section 501(c)(3)recognition as a prerequisite to arts grants. Arts organizations which have the most difficulty obtaining recognition under section 501(c)(3) include small presses and literary magazines, organizations which assist visual artists with marketing, and certain arts service organizations. Their special problems in obtaining recognition will be examined. This Article suggests the appropriate test for recognition of exemption under section 501(c)(3) for organizations whose sole activity is a business which furthers their exempt purposes. This includes most small presses and literary magazines. The appropriate test is whether an exempt purpose, or profit, …
Auction Problems: Going, Going, Gone, Leonard D. Duboff
Auction Problems: Going, Going, Gone, Leonard D. Duboff
Cleveland State Law Review
Works of art may be bought, sold, and transferred by every traditional method of conveyancing, though the type which appears to be most notorious is auctioning. In this Article the auction process will be analyzed, many of the problems currently prevalent in the auction arena identified, and suggestions tendered which, if adopted, should reduce some of the difficulties discussed.
The 1976 Copyright Act: Advances For The Creator, I. Fred Koenigsberg
The 1976 Copyright Act: Advances For The Creator, I. Fred Koenigsberg
Cleveland State Law Review
The 1976 Copyright Act represents a major advance for the creator. This is not to say that every provision is favorable to the creator. The new law is extremely complex, and the effects of many of its provisions are even now the subject of debate. The improvements of the new law over the 1909 Copyright Act are of such significance, however, as to justify its characterization by the Register of Copyrights as "an author's bill." This paper, based upon a panel discussion of the new law held at the Volunteer Lawyers for the Arts National Art Law Conference on December …
The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger
The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger
Cleveland State Law Review
The Final Act of the Conference on Security and Co-Operation in Europe, often referred to as the "Helsinki Accords," has important implications for art and artists. The Final Act applies to three broad categories of art law issues: cultural cooperation and exchange of cultural material; the rights of individual artists; and other international cooperation. This study will examine each of these categories in the context of a current or recent problem, consider pertinent provisions of the Final Act, and conclude with a brief recommendation and forecast.
Book Review, Albert P. Blaustein
Book Review, Albert P. Blaustein
Cleveland State Law Review
A book review of Leonard D. DuBoff, Deskbook of Art Law, Federal Publications, 1977.
Performer's Right Of Publicity: A Limitation On News Privilege, Becky Moses
Performer's Right Of Publicity: A Limitation On News Privilege, Becky Moses
Cleveland State Law Review
The right of publicity protects an individual's right to control the use of a personal asset such as his name, likeness, or performance, which has acquired pecuniary value through the investment of time, effort, or money. Although this right has gained increasing recognition since the 1950's, it has often been confused with the right of privacy, out of which the right of publicity evolved. In Zacchini v. Scripps-Howard Broadcasting Co., the United States Supreme Court held that the news media is not privileged under the first and fourteenth amendments to broadcast a performer's entire act without his consent. It is …
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Cleveland State Law Review
Recent court decisions interpreting section 4(f)1 of the Age Discrimination in Employment Act and defining bona fide occupational qualification (BFOQ) exemptions have done little to promote employment of or prohibit discrimination against older Americans. Nor have the decisions helped employers or workers understand applicable BFOQ standards. In essence, recent court decisions have so distorted the BFOQ exemption as to gut the lofty intent of the law set forth in the preamble. It is the purpose of this article to examine these recent court decisions, to assess the court's misapplication of their own historic BFOQ test, and to attempt to probe …