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Articles 1 - 30 of 63
Full-Text Articles in Law
Automation's Impact On Industrial Safety, Donald F. Harrington
Automation's Impact On Industrial Safety, Donald F. Harrington
Cleveland State Law Review
Automation has been variously described as a diabolical scheme of management, as a second industrial revolution, and as merely the next step in the slow evolution away from the "sweat shops" of the past. None of these definitions is completely wrong and none is completely right. As with most concepts that threaten to change existing social and economic patterns, its appraisal depends largely on how it will affect the one making the appraisal. Its importance in law lies chiefly in its impact on safety standards.
Book Review, Andrew R. Field
Book Review, Andrew R. Field
Cleveland State Law Review
Reviewing Harold Klorfein, Estates in Expectancy, Simmons Boardman Publishing Corporation, 1958
Ftca In A Nutshell, Orville J. Weaver
Ftca In A Nutshell, Orville J. Weaver
Cleveland State Law Review
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. United States, the United States Supreme Court stated: "The purpose of the Federal Tort Claims Act was to waive the government's traditional all encompassing immunity from tort action and to establish novel and unprecedented governmental liability." This legislation does not create a new cause of action, but merely means that the United States is liable for certain negligent acts in the same manner as is anyone else.
Diagnosis And Treatment Of The Modern Backache, A. W. Humphries, C. E. Wasmuth
Diagnosis And Treatment Of The Modern Backache, A. W. Humphries, C. E. Wasmuth
Cleveland State Law Review
There are two reasonably clear-cut forms of backache that lend themselves to a reasonably straight-forward form of treatment. These are (1) the ruptured intervertebral disc and (2) the degenerated intervertebral disc. In both instances, once a diagnosis can be reasonably made, treatment is at first conservative, and this form of treatment frequently issuccessful. In the absence of success, an operative procedure is available which offers reasonable hope of correction of the difficulty.
Are Evening Law Schools Better Than Day Schools, William Samore
Are Evening Law Schools Better Than Day Schools, William Samore
Cleveland State Law Review
In the field of legal education, there long has been a certain myth-the myth of the natural superiority of day law schools over evening law schools.
Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis
Secondary Effects Of Trauma: (Pain) Sympathetic Dystrophies, Louis W. Lewis
Cleveland State Law Review
Sympathetic Dystrophy or causalgia (pain) is a disability following traumatic injury. It consists of burning pain, glossy sweating, skin changes, and exquisite tenderness caused by tissue damage involving the sympathetic nervous system. Treatment consists of "blocking" the sympathetic nerves to the area by injecting drugs or by surgical repair. As the item of "pain and suffering" always is a major factor in a lawyer's estimate of the proper amount of a damage award, the medical analysis here presented is of wide interest and utility to lawyers as well as to physicians.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing David Fellman, The Defendant's Rights, Rinehart & Co., Inc., 1958
American Courts Face The Future, Bernard Botein
American Courts Face The Future, Bernard Botein
Cleveland State Law Review
Our system of justice can never be perfect, but lately its imperfections have seemed to loom larger and deeper than formerly. Change is the rule of life, and the fast-moving events of today underline the failure of our legal system to keep pace. The law should be deliberate and not commit itself to new patterns without full consideration-but deliberation is a far cry from stagnation, and when the world moves, the law must move. The Bar and the Bench are the custodians of the country's judicial system and because of their experience and expertise we would expect them to be …
Regulatory Responsibility In The Atomic Energy Program ( A Symposium), Paul C. Aebersold, W. A. Kitts, Frank Norton, George E. Thoma Jr.
Regulatory Responsibility In The Atomic Energy Program ( A Symposium), Paul C. Aebersold, W. A. Kitts, Frank Norton, George E. Thoma Jr.
Cleveland State Law Review
The regulatory actions taken by federal, state and local governments will exert a great impact on the present and future development of the civilian atomic energy program. All are aware of the tremendous potential that atomic energy holds for mankind. All are equally aware, on the negative side, of the potential radiation hazards associated with the use of radiation and radioactive materials. These hazards must be controlled so that the full realization of atomic energy benefits may be enjoyed.
The Lawyers' Function Today, Nathaniel R. Howard
The Lawyers' Function Today, Nathaniel R. Howard
Cleveland State Law Review
This is the substance of the graduation address delivered by the writer at the June 1958 Commencement of Cleveland-Marshall Law School. If today's students of the law had engaged in their same study 600 years ago, the law then taught to them and believed by them would have included some principles, precedents, decrees, and even primary statutes which they have embraced in the year of Our Lord 1958.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Giles Playfair and Derrick Sington, The Offenders, Simon and Schuster, 1958
Justice Delayed Is Injustice, Wendell A. Falsgraf
Justice Delayed Is Injustice, Wendell A. Falsgraf
Cleveland State Law Review
Recently, the Cleveland Bar Association created a committee of lawyers and laymen to study the problem of delays in our court system objectively and to make recommendations, both interim and permanent in character, aimed at reaching an eventual solution. Such a study must determine first what the extent of the delay in litigation is - the number of months elapsing between the filing of a case and its adjudication. Second, what the goal is - the number of months which properly should elapse. Third, why litigation is delayed beyond a reasonable time. Fourth, what can be done immediately and over …
The Mallet Finger Injury, Donald R. Pratt
The Mallet Finger Injury, Donald R. Pratt
Cleveland State Law Review
Mallet finger is a permanent deformity caused by injury to the distal phalanx of a finger. Commonly seen in industrial accidents and in baseball players, the extending tendon is pulled off the bone of the terminal phalanx. Treatment consists of simple splinting (illustrated) in mild trauma, or surgical intervention when large bony fragments have been pulled off. If left untreated, some degree of drop finger ultimately develops. This disability varies in degree. Joint stiffness and deformity may result. A method of surgical treat- ment of more severe injuries is described.The chief importance of this injury, to the lawyer, is in …
Prenatal Injuries, Andrew L. Johnson Jr.
Prenatal Injuries, Andrew L. Johnson Jr.
Cleveland State Law Review
Our courts have been increasingly perplexted by the question of whether or not an infant should have a right of action for personal injuries negligently caused to its body prior to birth. Stated another way, does an infant while in its mother's womb have an interest in the freedom from invasion of its bodily security equivalent to and commensurate with that of a person already born?
Book Review, Robley D. Evans
Book Review, Robley D. Evans
Cleveland State Law Review
Reviewing Milton Derber and Edwin Young, Labor and the New Deal, University of Wisconsin Press, 1957
Book Review, Theodore Samore
Book Review, Theodore Samore
Cleveland State Law Review
Reviewing Karl Loewenstein, Political Power and the Government, University of Chicago Press, 1957
Tax Advantages Of Retirement Plans, Sheldon M. Young, Martin Silverman
Tax Advantages Of Retirement Plans, Sheldon M. Young, Martin Silverman
Cleveland State Law Review
A great many factors have been responsible for the phenomenal growth of retirement plans in the United States since 1930 - not the least of them being the impetus given to the establishment of pension plans as a result of labor negotiations initiated by unions after the Inland Steel decision of1949, wherein the National Labor Relations Board ruled that pensions were a proper subject of collective bargaining. Most authorities, however, recognize that high corporate and personal income tax rates, and broad beneficial tax privileges accorded to recipients of benefits under such programs are largely responsible for the adoption of these …
Book Review, Lee E. Skeel
Book Review, Lee E. Skeel
Cleveland State Law Review
Reviewing Joy Seth Hurd and Bert H. Long, Ohio Trial Evidence, W.H. Anderson Co., 1957
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing William B. Wright, The Federal Tort Claims Act, Central Book Company, Inc., 1957
Due Care In Drafting Real Property Descriptions, Dean T. Lemley
Due Care In Drafting Real Property Descriptions, Dean T. Lemley
Cleveland State Law Review
A long, detailed description may be exasperating to the engineer, attorney, or title examiner when preparing and checking the deed, but it is not nearly so exasperating as is a long, detailed, and expensive law suit to the client. Identity of land is the sole purpose of the description, and the authorities are endless that nothing will pass by a deed except what is described in it, whatever the intentions of the parties may have been.
Medicolegal Aspects Of Industrial Noise, Meyer S. Fox
Medicolegal Aspects Of Industrial Noise, Meyer S. Fox
Cleveland State Law Review
Occupational hearing loss may be defined as a hearing impairment in one or both ears, partial or complete, arising in, during the course of, or as the result of one's employment. It can occur suddenly as the result of one's employment. It can occur suddenly as the result of a traumatic injury, intense blasts or explosions, or gradually due to prolonged exposure to excessive noise levels. Hearing losses resulting from blows, blasts, or explosions, as well as from foreign objects and burns, have usually been compensated under schedule of accidental injuries. Industrial noise hearing loss is the accumulative loss of …
Leading Questions To Leading Persons, Fletcher Andrews, Stephen R. Curtis, Charles W. Fornoff, Ray Forrester
Leading Questions To Leading Persons, Fletcher Andrews, Stephen R. Curtis, Charles W. Fornoff, Ray Forrester
Cleveland State Law Review
Leading questions on current legal problems of wide general interest and importance were posed by the Editors of this review to nine leading public figures, each a dean of a law school.These questions were and are frankly difficult and controversial, but their answers are of vital importance to our legal system and to our society. Capsule answers given by these distinguished personages are believed to be interesting and significant. It is emphasized that only very short answers were requested. Brief answers such as these, of course, are not expected to be, nor do they pretend to be, complete or profound. …
Premenstrual Tension, Medicine And Law, Irwin N. Perr
Premenstrual Tension, Medicine And Law, Irwin N. Perr
Cleveland State Law Review
The premenstrual tension syndrome is one characterized by emotional and physiologic symptoms occurring in the period preceding menstruation. A medical re-evaluation and description for the attorney may serve to clarify a subject full of misunderstandings, superstitions and false concepts.
Federal Regulation Of Atomic Energy Activities, Paul C. Aebersold, Gerald L. Hutton
Federal Regulation Of Atomic Energy Activities, Paul C. Aebersold, Gerald L. Hutton
Cleveland State Law Review
The Atomic Energy Act of 1954 expressly recognizes in Section One that atomic energy is capable of application for peaceful purposes as well as military uses. The Act also provides that United policy is to direct the development, use, and control of atomic energy so as to make the maximum contribution to the general welfare, promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise. These objectives are subject at all times to the paramount objective of maximum contribution to the common defense and security. The Atomic Energy Act of 1954 …
System In Preparing Negligence Cases, Constantine L. Corpas
System In Preparing Negligence Cases, Constantine L. Corpas
Cleveland State Law Review
System is the secret of successful preparation of a case for trial. The systems used in one large plaintiffs attorneys' office and one large defense office are described here.
Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle
Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle
Cleveland State Law Review
The instrument termed a release is a contract that clearly portrays a meeting of the minds. It explicitly states a release from liability for known, unknown, present, and future injuries. In attempting to avoid such a release the party ordinarily may allege the grounds he may have under the law of contracts. In personal injury releases, these grounds usually take the form of charges of fraud or misrepresentation, coercion, inequitable circumstances, mutual mistake of law, unilateral mistake of fact, inadequate consideration, or mutual mistake of fact. We shall deal here with the defense of mutual mistake.
Court Calendar Congestion Causes And Cures, Aaron Jacobson
Court Calendar Congestion Causes And Cures, Aaron Jacobson
Cleveland State Law Review
Attention focused on court calendar delay has reached its highest concentration in the history of the American judiciary. While delays are hardly new, lawyers today pale at the spectacle of jurisdictions laboring under multi-thousand case loads and delays measured in years.
Purposeful Reforms In Criminal Law, Lee E. Skeel
Purposeful Reforms In Criminal Law, Lee E. Skeel
Cleveland State Law Review
What is the relation of the Office of the County Prosecutor or District Attorney to the job of public law enforcement? It is true that the county prosecutor's office has much to do with the civil practice of the law as the legal representative of the county Government, including public boards and commissions. Yet, may it ever be remembered, the proper enforcement of the public or criminal law is a matter of great importance to every resident of the community. It is important not only to protect the safety of the community from unlawful disturbances and aggressions against the peace …
Problem Of Selection In Law Libraries, Theodore Samore
Problem Of Selection In Law Libraries, Theodore Samore
Cleveland State Law Review
Law libraries, like soap, come in three sizes -large, giant, and super. It is also true that law libraries, like taxes, living expenses, populations and college enrollments are rapidly expanding and the end is not in sight. Use determines the growth of a library. As long as students, professors and practitioners ask for more books, more periodicals and more services the library must expand.
Book Review, Andrew J. Humphrey
Book Review, Andrew J. Humphrey
Cleveland State Law Review
Reviewing Jerome Frank and Barbara Frank, Not Guilty, Doubleday & Co. Inc., 1957