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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


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 …


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 …


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.


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 …


Malpractice Actions Without Expert Medical Testimony, William P. Gibbons Jan 1971

Malpractice Actions Without Expert Medical Testimony, William P. Gibbons

Cleveland State Law Review

Fear of malpractice actions against them is causing physicians to "run scared." Some physicians now say that they feel that the threat of legal action has materially altered the practice of medicine. Defensively, some medical doctors say that they are ordering additional X-rays and lab tests, just to have them on record. Others say they are just plain afraid to try new techniques and diagnostic treatments because of the specter of a malpractice action. Innovative techniques carry additional risks, and some doctors admit that in some risky situations they merely do what will keep them out of trouble rather than …


Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith Jan 1971

Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith

Cleveland State Law Review

Garnishment, a field once limited only by state or local regulation, has recently undergone a series of much-needed but somewhat questionable changes. These changes are not limited to one state alone, but encompass the entire nation. On July 1, 1970, when Title III of the Consumer Credit Protection Act became effective, this field of law came under the coverage of federal restrictions. In attempting to bring the existing Ohio statutes on garnishment into line with the federal restrictions, the Ohio Legislature passed a series of amendments which became effective on September 16, 1970.


Homosexuals In The Teaching Profession, Neal G. Horenstein Jan 1971

Homosexuals In The Teaching Profession, Neal G. Horenstein

Cleveland State Law Review

What is the status of the homosexual in the teaching profession? What are the problems in obtaining authorization to teach, or applying for a teaching position, and the effects of exposure as a homosexual on job security?


Book Review, Walter Greenwood Jan 1971

Book Review, Walter Greenwood

Cleveland State Law Review

This entry reviews Law Without Order: Capital Punishment and the Liberals by Bernard Lande Cohen. The book's scope encompasses criminal law in both the United States and Canada. Cohen argues that the excessive liberalism that followed the elimination of capital punishment has caused murder rates and other crimes to increase.


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.


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.


Unemployment Insurance: Good Cause For Leaving Employment, Gerry Davidson Jan 1971

Unemployment Insurance: Good Cause For Leaving Employment, Gerry Davidson

Cleveland State Law Review

The primary objectives behind the enactment of unemployment insurance programs have been enunciated as follows: Unemployment insurance is a program established under Federal and State law for income maintenance during periods of involuntary unemployment due to lack of work, which provides partial compensation for wage loss as a matter of right, with dignity and dispatch, to eligible individuals. It helps to maintain purchasing power and to stabilize the economy. It helps to prevent the dispersal of the employers' trained work force, the sacrifice of skills, and the breakdown of labor standards during temporary unemployment. However, there are certain requirements a …


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.


Book Review, Janice T. Warren Jan 1971

Book Review, Janice T. Warren

Cleveland State Law Review

Review of Student Protest and the Law, Edited by Grace W. Holmes, The Institute of Continuing Legal Education, Hutchins Hall, Ann Arbor, Michigan, 1969.


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.


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.


Defendant's Right Of Discovery In Criminal Cases, Bruce E. Gaynor Jan 1971

Defendant's Right Of Discovery In Criminal Cases, Bruce E. Gaynor

Cleveland State Law Review

Predicated upon concepts of equity, discovery is the procedure by which one litigant is enabled to force his opponent to make some or all of his evidence available for examination. When authorized prior to actual trial, such disclosure is termed "pre-trial discovery." The purpose of a trial is to ascertain the facts." Proponents of liberal discovery assert that knowledge of the facts and, hence, discovery are necessary for fundamental justice. They contend that adoption of broad disclosure practices will eliminate the surprise and guesswork from the courtroom, and transform the aura of a trial from a "sporting event" to a …


Compulsory Home Repair Laws, Maynard L. Graft Jr. Jan 1971

Compulsory Home Repair Laws, Maynard L. Graft Jr.

Cleveland State Law Review

In recent years legislative bodies at various levels of government have recognized the need for legally requiring the maintenance of housing at certain minimum standards. Such regulation has been deemed necessary because of the deterioration experienced by practically every major city in America. This deterioration causes a downward spiral usually resulting in complete blight in the deteriorating area. The first step toward blight is slight deterioration followed by neglect of repairs by owners and landlords (the latter neglect is an attempt to maintain a high return on investment, the former because of loss of faith in the quality of the …


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.


Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe Jan 1971

Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe

Cleveland State Law Review

It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …


Old And New Type Bar Exams, Melvin Nord Jan 1971

Old And New Type Bar Exams, Melvin Nord

Cleveland State Law Review

Bar exams are intended to protect the public by insuring that only competent persons are licensed to practice law. What comprises competency, however, is a difficult question to answer; and how competency is to be determined is even more difficult. As with most difficult questions, the usual approach has been simply to ignore them and "play it by ear." The result has been bar exams in many states which are of marginal value to the public and which have at the same time been extremely unfair to the applicants.


Book Review, Avery S. Friedman Jan 1971

Book Review, Avery S. Friedman

Cleveland State Law Review

White Racism and the Law, Lois B. Moreland, Charles E. Merrill Publishing Co., 1970


Character Evidence And The Juvenile Record, Terrence N. O'Donnell Jan 1971

Character Evidence And The Juvenile Record, Terrence N. O'Donnell

Cleveland State Law Review

When a youngster makes a mistake and is arrested for committing a crime, should that act, committed while he is still a juvenile, appear and reappear, to haunt the offender for the rest of his life? There are some people in this country who say that we are not tough enough with our young people. But even they would not want the life of a young person marred forever by a mistake which he made as a juvenile.


Evolution And Development Of College Law, Thomas E. Blackwell Jan 1971

Evolution And Development Of College Law, Thomas E. Blackwell

Cleveland State Law Review

The history of the development of higher education has received adequate and comprehensive treatment in many texts. However, a brief review of those facets of its evolution which relate to the subject of corporate structure is in order.


Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew Jan 1971

Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew

Cleveland State Law Review

"Due process" is an elusive concept. "It is not a mechanical instrument. It is not a yardstick. It is a process." "Its exact boundaries are undefinable, and its content varies according to specific factual contexts. . . . Whether the Constitution requires that a particular right obtain in a specific proceeding depends upon a complexity of factors. The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." The layman's conception that due process is a conglomerate of technicalities is simply wrong. Due …


Proprietary Mentality And The New Non-Profit Corporation Laws, Howard L. Oleck Jan 1971

Proprietary Mentality And The New Non-Profit Corporation Laws, Howard L. Oleck

Cleveland State Law Review

New York's New "Not-For-Profit Corporation Law" statute is likely to increase the abuse of non-profit status by many persons who pretend to be governed by altruistic motives but who actually are motivated mainly by the desire to enrich themselves.-That is the unpalatable thesis of this paper.


Implied Warranty Of Habitability In Leases, Ira O. Kane Jan 1971

Implied Warranty Of Habitability In Leases, Ira O. Kane

Cleveland State Law Review

This paper will discuss (and take issue with) the position of a significant number of American courts which have held that there is no warranty of habitability implied in a lease. It will demonstrate the failure of many courts in this country to improve the common law rule, which has proven unrealistic in light of current legislative housing standards and building codes.


Common Law Copyright, And Conversation, Frank J. Nawalanic Jan 1971

Common Law Copyright, And Conversation, Frank J. Nawalanic

Cleveland State Law Review

Assume that "A" is a well known author and literary figure and that "B" is an author in his own right, but far less known than "A". "A" and "B" meet socially and engage in a stimulating conversation wherein thoughts and ideas are freely expressed and conclusions drawn. Sometime thereafter, "B" publishes excerpts from this conversation and "A" strongly desires to prevent such from being published and receiving publicity. To prevent publication of their conversation, "A" could proceed against "B" under several different causes of action. He could possibly allege breach of a fiduciary relationship, breach of implied contract, invasion …


Book Review, George R. Katosic Jan 1971

Book Review, George R. Katosic

Cleveland State Law Review

The reviewer summarizes Marijuana - The New Prohibition by John Kaplan. The book describes both the benefits and negative consequences of marijuana use and suggests that a licensing system is instituted to control use of the drug, but not outlaw it.