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Articles 1 - 30 of 67
Full-Text Articles in Law
Public Relations, Law, And Environmental Pollution, Barbara L. Schoonover, David J. Sherriff
Public Relations, Law, And Environmental Pollution, Barbara L. Schoonover, David J. Sherriff
Cleveland State Law Review
In public relations, however, the relationship is a complementary one, in which the law acts as the formulator of the rules of society and public relations serves as the interpreter of them to the people. Beyond that, public relations often can support the law by creating an atmosphere in which the law can more effectively perform its function of protecting the people and preserving the health of society. Perhaps nowhere is this more evident than in the area of air and water pollution control.
Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips
Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips
Cleveland State Law Review
The law of music copyright, although now quite old, is still relatively young in its development and refinement when compared to other segments of the copyright law. The impediment in its progress is partially due to the technicalities inherent in the discipline itself, and also to the lack of musical sophistication on the part of most law making bodies. Modern day electronic developments in recording and storing sound will do much to facilitate and broaden the scope of the law. Its implementation through a Music-Legal Board of Experts could be the effective step needed in order to overcome the present …
Book Review, William Tabac
Book Review, William Tabac
Cleveland State Law Review
Reviewing Louis B. Heller, Do You Solemnly Swear? Doubleday & Co., Inc., 1968
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Cleveland State Law Review
The primary legal concern of the pharmacist has been and continues to be in the field of negligence. With the increasing legal awareness of society, however, it becomes imperative to examine what liabilities may arise under the U.C.C. The main objective of this paper is to explore the possible areas of liability that may arise under the Code in the sale of patent medicines by the pharmacist.
School Student Dress And Appearance Regulations, Marvin R. Plasco
School Student Dress And Appearance Regulations, Marvin R. Plasco
Cleveland State Law Review
Until recently, the general public and the legal profession have had little concern about the civil rights of the individual student in our public educational system. The student has been forced to fight his own battle against school regulations and penalties and the procedures by which these regulations have been enforced. The result often has been the loss of some of his personal freedoms.The right of the public school system to establish dress and appearance regulations, and the right of the student to dress as he desires, have brought the conflict to the foreground.
The Military And The Law, James K. Gaynor
The Military And The Law, James K. Gaynor
Cleveland State Law Review
Military law is the law which governs members of the Armed Services and, to some extent, the relations of other persons with the Armed Services. Military law often is thought of as synonymous with court-martial, but that is not correct. The number of people who will be involved in a court-martial during a year-either as an accused, or as one having duties in connection with a court-likely will be less than two percent of any large military organization. Members of the military service, however, are involved with military law every day in the year. It governs the way in which …
Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan
Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan
Cleveland State Law Review
A recent Federal District Court case , Grove Press, Inc. v. Collector's Publication, Inc., illustrates another attempt by our judiciary to find its way out of the immense entanglement of copyright infringement in statutory law and unfair competition in common law besetting properties in the public domain. Two 1964 United States Supreme Court decisions have further complicated the positions of both creators and judiciary.
Credibility Gap In Judicial Review Of Administrative Determinations, Morris D. Forkosch
Credibility Gap In Judicial Review Of Administrative Determinations, Morris D. Forkosch
Cleveland State Law Review
The increasing credibility gap in, and judicial review of, administrative determinations is a resultant of agency and judicial misunderstanding and language. Briefly, an examiner's intermediate report ordinarily evaluates the witnesses' demeanor, conduct, believability and credibility before accepting as true certain of their testimony, upon which findings of fact may now be based. Subsequently, the agency has the opportunity to exercise its statutory power to adopt, modify, or reject these findings. Thereafter, on judicial review, the court's whole record approach takes into account as a factor and scrutinizes any examiner agency disagreement as to findings of fact in determining whether substantial …
Book Review, Philip J. Bourne
Book Review, Philip J. Bourne
Cleveland State Law Review
Reviewing Charles Kramer, The Negligent Doctor, Crown Publishers Inc., 1968
The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo
The Artisan Lienholder Vs. The Perfected Security Interest, Donald Elardo
Cleveland State Law Review
An artisan who furnishes labor and materials for the repair of chattel property has a valid common law lien upon such property for the reasonable value of his labor and materials while he retains possession of the property. A common law lien has been defined as a right extended to a person to retain that which is in his possession belonging to another, until the demand or charge of the person in possession is paid or satisfied.
Book Review, Albert Averbach
Book Review, Albert Averbach
Cleveland State Law Review
Reviewing Elliot L. Sagall and Barry C. Reed, The Heart and the Law, McMillan, 1968
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Court Ordered Non-Emergency Medical Care For Infants, James A. Baker
Cleveland State Law Review
It has long been recognized that a privilege to act is a perfect defense to liability for a non-consensual, intentional interference with another person. This privilege is based upon self defense, defense of third persons, mistake, or various other recognized legal theories. Even a state may have a privilege to interfere with the person of a citizen, and this privilege may extend to an interference to provide an infant citizen with medical care without the consent of, or against the express wishes of, the parent or guardian.
Legal Implications Of Cryonics, Daniel R. Spector
Legal Implications Of Cryonics, Daniel R. Spector
Cleveland State Law Review
Cryogenics is the science that deals with the production of very low temperatures and their effect on the properties of matter. The visual aspects of experiments in this field are fascinating. The practical aspects seem, at first glance, to be of considerably less consequence. However, this feeling of indifference does not arise as we ponder the ramifications of freezing one class of inanimate objects: dead human bodies. This is the realm of a more specific and indeed very new branch of cryogenics, namely, cryonics.
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Cleveland State Law Review
United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.
Group Law Services In Patent Law, G. Franklin Rothwell
Group Law Services In Patent Law, G. Franklin Rothwell
Cleveland State Law Review
If group legal services are to pervade the field of patent law, and in view of the UMW case and the activities of the unregistered patent practitioners, that I suspect is imminent, the most stringent safeguards should be specifically set forth, including the following: specific approvaland regulation by the Patent Office of the group, its modus operandi,and the patent practitioners participation; and stringent restrictions by the Patent Office of the groups' advertising and promotional activities, both written and outside the group. The Patent Office now has statutory authority to regulate registered practitioners, and some regulation could be accomplished in this …
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Cleveland State Law Review
What factors have influenced the courts in the development of their current attitude toward hospitals? Are the emerging concepts reasonable, or are they indicia of a pendulum swinging too far in the direction of the patient? What are the consequences for the nurse? These are the questions to which the ensuing treatment of one aspect of tort liability is addressed.
Statutes Of Limitations In Legal Malpractice, Norman T. Baxter
Statutes Of Limitations In Legal Malpractice, Norman T. Baxter
Cleveland State Law Review
It becomes apparent from an analysis of cases and law that many jurisdictions, when using the term malpractice, limit the term strictly to physicians and surgeons. It is not so much the fact that legal malpractice is excluded from the term malpractice but rather that it is never even mentioned. Since legal malpractice appears to be a matter of state definition it would seem that perhaps the best approach to understanding legal malpractice would be to examine (as typical) the statutes of three of our leading states, to see what is the present status of their laws on the subject.
Competition As A Means Of Regulating Insurance, Jason C. Blackford
Competition As A Means Of Regulating Insurance, Jason C. Blackford
Cleveland State Law Review
The sole thesis of this paper is that competition among insurers, tempered by state supervision of their financial control, is a workable alternative to active state control of the business of insurance. It is not the purpose of this analysis to question the basic concept and the workability of affirmative government control of insurance. To test this thesis, a case study will be made of the rating process used in the business of automobile liability insurance in the State of Ohio.
Real Property Inventory And Management System For Municipal Law Departments, Jeffrey A. Rich
Real Property Inventory And Management System For Municipal Law Departments, Jeffrey A. Rich
Cleveland State Law Review
Inventory management of city-owned real property may be defined as the recording and maintenance of information on the acquisition, identification, location, value, condition, and disposition of each parcel of such property, including the use of this property information for management decisions.Most cities own thousands or millions of dollars worth of real property. Few, however, have an accurate inventory and management system enabling them to identify and account for their holdings. Just as individuals and corporations want to know what they own in order to obtain a clear picture of their assets, a city must also maintain records to document its …
Book Review, Carroll H. Sierk
Book Review, Carroll H. Sierk
Cleveland State Law Review
Reviewing Law in a Changing America, Prentice-Hall Inc., 1968
Book Review, Grace Sindell
Book Review, Grace Sindell
Cleveland State Law Review
Reviewing Howard L. Oleck, A Singular Fury, World Publishing Co., 1968
Failure Of Religious, Moral And Legal Controls To Meet The Needs Of Modern Life: Legal Education, Frederick K. Beutel
Failure Of Religious, Moral And Legal Controls To Meet The Needs Of Modern Life: Legal Education, Frederick K. Beutel
Cleveland State Law Review
Law is social control, and law devised without direct reference to the facts of life of the people controlled is not likely to be successfully administered. This is especially true in the modern world where social conditions are being changed with kaleidoscopic rapidity, while laws are changing slowly if at all. If all the professions using science have so changed man's environment, why does it not make sense to give the scientific method a improve law and government? The means of accomplishing this have been discussed at length elsewhere and need not be repeated here; but the impact of these …
The Student And Law School Governance, Ralph F. Bischoff
The Student And Law School Governance, Ralph F. Bischoff
Cleveland State Law Review
At a recent meeting of a university Board of Trustees, discussion centered on three problems-perhaps one should say three aspects of one problem-the solution to which will affect the university and its role in our quickly-changing society. I refer, of course, to the violence of a few student extremists who are disrupting the normal activities of the university, to the new emphasis on a Black student separatist movement and to student demands for responsibility in the governance of the university. Of the three, the latter is clearly the most important; its solution should aid in solving the difficulties created by …
On Legal Writing, Albert P. Blaustein
On Legal Writing, Albert P. Blaustein
Cleveland State Law Review
Virtually all legal writing is atrocious! This is true about (a) statutes and administrative regulations; (b) judicial opinions and agency rulings; (c) trial papers and appellate briefs; (d) office memoranda and opinion letters; (e) annotations and digest paragraphs; and (f) law treatises and legal articles. It is even true (especially true?) about articles on legal writing. This is a serious matter. For the ramifications of bad legal writing are very costly-in time, in money and, indeed, in the very quality of life. Working to improve legal writing is no frivolous exercise.
A Core Curriculum For Urban Law, David F. Cavers
A Core Curriculum For Urban Law, David F. Cavers
Cleveland State Law Review
My suggestions here will be directed to the second and third years of the law curriculum. In suggesting courses which I believe can provide a valuable body of knowledge in preparation for the new demands of urban law practice, I have ignored the opportunities for drawing on materials relevant to that practice in many of the courses that I do not mention. Without sacrificing instructional value, such materials can frequently be substituted in first-year courses and in some of the second and third year courses for materials drawn from a more bucolic America. This process is already beginning to take …
A Few Words About Law Teaching, Robert A. Leflar
A Few Words About Law Teaching, Robert A. Leflar
Cleveland State Law Review
The purpose of these few paragraphs will be to look for a quick moment at the law teacher's job as it appears both in retrospect and prospect to one whose law school teaching spans more than forty years and whose fortunate experience at working with other jobs in the law has given him reason to appreciate mightily the happy chance that led him as a youth into the teaching branch of the legal profession.
Random Gripes Of A Law Professor, Marcus Schoenfeld
Random Gripes Of A Law Professor, Marcus Schoenfeld
Cleveland State Law Review
Let use begin at the beginning-the "slave markets." Everyone, both "buyers" and "sellers," agree that it's an exhausting, demeaning,and inefficient way to hire professors. But the art form remains remarkably constant, since no better means of mass matchmaking has yet been devised. Possibly we should adopt the British system, requiring all schools to advertise their openings in the Times classified section. More likely, we will start computerizing to remove the last vestiges of humanity from the system. But until the system is basically changed, why not try to smooth out some rough spots?
Befehl 1st Befehl, James K. Weeks
Befehl 1st Befehl, James K. Weeks
Cleveland State Law Review
Over the years educators have railed against poor scholarship, lack of interest, poor grammar and the general incompetence or ineptness of students. Many of these criticisms were correctly laid at the door of students. The attitudes developed early in life, nurtured in elementary and secondary schools and ripened in undergraduate colleges and universities, were often harvested by the graduate schools. These attitudes, good or bad but more often merely neutral, would supply a list of almost inexhaustible possibilities. It is this writer's purpose to focus in on four which, because of their influence upon law students, can be carried on …
Physician's Liability For Torts Of Hospital Employees, Irene E. Svete
Physician's Liability For Torts Of Hospital Employees, Irene E. Svete
Cleveland State Law Review
Why should a treating physician be held liable for any lack of treatment on the part of the hospital employees? On what basis can such a conclusion be reached? An agency relationship was considered as existing between the parties, making the physician liable for the actions of the hospital employees. He was the "Captain of the Ship," the one in control of the patient's treatment and care. Only he was answerable for resulting injury and death from lack of said treatment. The "Captain" will be held liable for others' negligence where the acts performed by them are under conditions where …
Product Liability For A Defective House, Joseph A. Valore
Product Liability For A Defective House, Joseph A. Valore
Cleveland State Law Review
The position of the American courts regarding the matter of the liability of a builder-vendor for his work is best answered by examining cases from some of the various jurisdictions to see how the problem has been handled. A builder should be held to warrant his product to be free from defects and to be suitable for the use intended. The cases reflect the growing desire to provide the buyer of a new house with this protection. Yet, protection is generally extended only to one who buys a house which is not finished.