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Full-Text Articles in Law
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Cleveland State Law Review
In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken leave and are viewed …
Legal Malpractice In A Changing Profession: The Role Of Contract Principles, Vincent R. Johnson
Legal Malpractice In A Changing Profession: The Role Of Contract Principles, Vincent R. Johnson
Cleveland State Law Review
In little more than four decades, the field of American legal ethics has been transformed from an unimportant backwater into a mighty river of legal principles that drives the practice of law in countless respects. Today, this complex matrix of substantive provisions and enforcement mechanisms ensures, to a great extent, that clients are protected from unnecessary harm, that lawyers are safeguarded from improper accusations, and that the provision of legal services is consistent with the public interest. However, the fabric of legal ethics is threatened by a looming transformation of the legal profession. That potential restructuring may revolutionize the delivery …
Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks
Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks
Cleveland State Law Review
Pacific Gas & Electric Co. v. G.W. Thomas Drayage & Rigging Co and In re Soper's Estate claim that plain meaning in contract law is impossible. This claim is left irrefuted in the casebooks and contract law literature, Part I notes, and in most teaching of contract law. The consequence is that students are taught that plain meaning is impossible. A startling implication of this conclusion, as Part I explains, is that the majority of U.S. courts, which hold to the plain meaning rule, are relying on a fiction. But the claim that plain meaning is impossible is false, as …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
A Conceptual Approach To Negotiating Relational Contracts For The Small Business Client, Gary H. Doberstyn
A Conceptual Approach To Negotiating Relational Contracts For The Small Business Client, Gary H. Doberstyn
Cleveland State Law Review
The purpose of this Article is to present a conceptual framework within which one may develop a comprehensive approach to negotiating relational business agreements. The framework identifies and integrates various considerations in a very broad manner to make it applicable to the various business contexts in which negotiations may occur.
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Cleveland State Law Review
The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.
Two Decades Of 2-207: Review, Reflection And Revision, Paul Barron, Thomas W. Dunfee
Two Decades Of 2-207: Review, Reflection And Revision, Paul Barron, Thomas W. Dunfee
Cleveland State Law Review
This article is divided into six parts: (1) a description of the modern commercial context within which UCC section 2-207 was created and is now applied; (2) a summary of the pre-Code rule; (3) an overview of the rule engendered by section 2-207; (4) an analysis of the interpretative history of section 2-207; (5) a proposed decision model for the application of section 2-207; and (6) the suggested statutory revision.
Franchising As A Device For The Organization, Financing, Control, And Growth Of The Small Business, John Clinton Evans Jr.
Franchising As A Device For The Organization, Financing, Control, And Growth Of The Small Business, John Clinton Evans Jr.
Cleveland State Law Review
The franchise system of distribution of goods and services is playing an increasing role in our economy. One marketing authority distinguishes between the product franchise and the franchise of an entire business entity in terms of the role played by each in our complex marketing system of today. Product franchises are given to a few selected dealers in a community, and the distribution of the product is limited to these outlets alone. The other meaning of franchise, as a method of operating an entire business will concern us here.
Suggestion Box Systems, Esther Weissman
Suggestion Box Systems, Esther Weissman
Cleveland State Law Review
The employee "suggestion box" has become a common feature of American enterprise. Its use is simple and beneficial. An employee writes an idea on a blank form conveniently made available in his work area and drops his suggestion into a box provided for such suggestions. Many legal questions arise in connection with suggestion systems. But there has been little litigation in this field so far, probably because of the small scale nature of most of the claims which develop as a result of such suggestions. But with the rapid expansion of suggestion systems, more attention will be given to their …