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Full-Text Articles in Law

Limitless Horizons Of Limited Policies Of Insurance, Harry H. Lipsig Jan 1971

Limitless Horizons Of Limited Policies Of Insurance, Harry H. Lipsig

Cleveland State Law Review

Limited policies have limitless horizons due to the selfishness of insurers. Why should insurers accept settlement offers that are close to the policy limits? After all, in most instances the insurers have nothing to lose except the insureds' money. Gambling with insureds' funds has led many to suggest that insurers be absolutely liable for all excess judgments subsequent to a rejection of settlement.


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.


Chiropractors As Expert Medical Witnesses, Ronald J. Zele Jan 1971

Chiropractors As Expert Medical Witnesses, Ronald J. Zele

Cleveland State Law Review

This paper examines the rules of evidence concerning the admissibility of testimony of chiropractors as expert medical witnesses.


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.


Section 2-318 Of The Ucc: The Sleeping Giant, William Michael Karnes Jan 1971

Section 2-318 Of The Ucc: The Sleeping Giant, William Michael Karnes

Cleveland State Law Review

The acceptance, application, and development of Section 2-318 of the Uniform Commercial Codemhas caused more trouble and confusion than the appearance of Darwin's theory of evolution in Tennessee. Overlooking the obvious possible solution of amending Section 2-318, most states have retained a written but unexercised statute and thereby compelled courts to stretch, bend and squeeze breach of warranty into the realm of strict liability in tort.


Book Review, Richard F. Gonda Jan 1971

Book Review, Richard F. Gonda

Cleveland State Law Review

The reviewer discusses Points of Rebellion by William O. Douglas. This text identifies a myriad of issues that plague the United States including poverty, prejudice, pollution, and inequitable laws. According to Douglas, the source of these problems are the elite in America, which he calls "the Establishment."


Judicial Control Over Passport Policy, Leon Hurwitz Jan 1971

Judicial Control Over Passport Policy, Leon Hurwitz

Cleveland State Law Review

This paper is concerned with the judiciary's role in influencing both the procedure and substance of one particular aspect of foreign policy, namely, the passport policy of the State Department. That a decision regarding passports is a foreign policy decision has long been advanced by the President and Secretary of State. It is generally accepted that the issuance and regulation of passports is an integral part of the general conduct of American foreign relation


Women And The Equal Protection Clause, Eric R. Gilbertson Jan 1971

Women And The Equal Protection Clause, Eric R. Gilbertson

Cleveland State Law Review

The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …


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.


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.


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.


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.


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 …


Book Review, Elliott A. Cohen Jan 1971

Book Review, Elliott A. Cohen

Cleveland State Law Review

Review of Cops on Campus and Crime in the Streets, Erle Stanley Gardener, William & Morrow Co., Inc., New York, 1970


Reference Ordinances And Three-Judge Courts, Elizabeth Du Fresne, William Du Fresne Jan 1971

Reference Ordinances And Three-Judge Courts, Elizabeth Du Fresne, William Du Fresne

Cleveland State Law Review

As the fragmentation of areas of governmental responsibility increases, statutory reference terms which once were securely static in meaning must be re-examined. Illustrative of this evolutionary ambiguity are the terms "state statute" and "state officer" as they appear in the jurisdictional statute for federal three judge courts. ... The Supreme Court has emphasized the importance of the jurisdictional considerations in potential three judge cases by refusing to discuss the merits of a case which should have been decided by either a single judge or a three judge court and was not. The Court has cautioned us that § 2281 is …


June 1971 News Of Legal Writers, Ralph D. Churchill Jan 1971

June 1971 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 …


Set-Off Under Uninsured Motorist's Coverage, Leon M. Plevin Jan 1971

Set-Off Under Uninsured Motorist's Coverage, Leon M. Plevin

Cleveland State Law Review

The limits of liability under uninsured motorist coverage are fixed either by policy provisions or by statute. ... These various indemnity provisions were created so as to effectively limit any payments made by the insurance carrier under the uninsured motorist endorsement in combination with any other sources of indemnification to the maximum limit of the uninsured motorist coverage. The intent of the insurance underwriter is to limit its payment under the uninsured motorist coverage to the minimum amount where the insured is indemnified or partially indemnified from more than one source. The scope of this paper will specifically be concerned …


Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall Jan 1971

Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall

Cleveland State Law Review

Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …


Threats As Criminal Assault, Ranelle A. Gamble Jan 1971

Threats As Criminal Assault, Ranelle A. Gamble

Cleveland State Law Review

Early in its history, the common law found it imperative to acknowledge and define an individual's interest in his personal integrity, physical safety and mental tranquility. The law formulated the legal rules of assault to protect this particular interest when it is wrongfully interfered with by another.' In this latter half of a nerve-wracking twentieth century, it is becoming necessary to revive the early concepts of common law assault, and under certain circumstances, to redress abusive and insulting language. Any principle of common law, particularly one concerned with the control of human behavior, has social implications, and such principle, whether …


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.


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.


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 …


Death Of Charitable Trust Corporation Law, B. Richard Sutter Jan 1971

Death Of Charitable Trust Corporation Law, B. Richard Sutter

Cleveland State Law Review

Since the subject of non-profit corporations covers such a broad area, this paper will be limited to "Type B corporations" (i.e., the "charitable" type) as described in the new New York Not-For-Profit Corporations Law. These classifications of the new statutory concept (Types A, B, C, D) look to the general purpose of the organization, rather than to a very specific purpose, or to whether or not stock is issued. The New York law further provides for the possibility of any corporation having multiple and overlapping purposes, thus providing a very rational and simple (though debatable as to policy) test to …


Make Room For The Students: Governance Of The Law School, John J. Regan Jan 1971

Make Room For The Students: Governance Of The Law School, John J. Regan

Cleveland State Law Review

Should students share the power? The issue of student participation in the governance of colleges and universities concerns virtually every institution of higher education in the country. Confrontations at some universities have focused on this issue as one of the prime causes of student discontent. Other institutions have plunged quickly into investigations and discussions of the question to head off such disturbances.


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


Wife's Action For Loss Of Consortium, Fred Weisman Jan 1971

Wife's Action For Loss Of Consortium, Fred Weisman

Cleveland State Law Review

The recent Ohio Supreme Court ruling in Clouston v. Remlinger Oldsmobile Cadillac Inc. reversed a rule which had existed in Ohio for over fifty years. Ohio has now been added to the growing list of states which allow to a wife an action for damages for loss of consortium arising from negligent injury to her husband.


Psychologist As Expert Witness In Psychiatric Questions, Elliot R. Levine Jan 1971

Psychologist As Expert Witness In Psychiatric Questions, Elliot R. Levine

Cleveland State Law Review

When the seeking of truth and the dispensing of justice require Wan evaluation of a litigant's mental functioning, the courts have traditionally looked to medically trained psychiatrists to serve as expert witnesses. In his private practice the psychiatrist frequently uses the consultative services of a clinical psychologist because psychological tests are more quantitative, less subjective, and more sensitive to the nuances of personality deviation than are the traditional psychiatric evaluative techniques. The psychologist can offer to the court, as well as the medical profession can, the opportunity for the utilization of the most scientific means and methods of appraising personality. …


Abuse Of Process - A Misunderstood Concept, Charles G. Bretz Jr. Jan 1971

Abuse Of Process - A Misunderstood Concept, Charles G. Bretz Jr.

Cleveland State Law Review

The courts of Ohio have said that there is no difference between an action for abuse of process and one for malicious prosecution. Other jurisdictions likewise have had trouble distinguishing the two torts. Apparently, this is because the term has been used to describe a variety of dissimilar situations which are alike only in that there has been actionable injury as a result of the improper use of a legal process. To a lesser extent, the confusion may also have resulted from the varying terms used to describe the two actions, coupled with the imprecise use of the terms by …


Impact Trauma As Legal Cause Of Cancer, Donald J. Ladanyi Jan 1971

Impact Trauma As Legal Cause Of Cancer, Donald J. Ladanyi

Cleveland State Law Review

Consider the following hypothetical situation: A voluptuous blonde is window shopping along New York's fashionable Fifth Avenue. Her trek brings her to a corner street intersection which she begins to cross. A recklessly driven automobile careens around the corner and strikes the defenseless blonde pedestrian amidships, causing her to be hurled against a utility pole. Her breast strikes the pole and absorbs the full effect of the impact. A local hospital determines that her injuries consist of only a black and blue bruise spot on her breast. The swelling, due to the injury, subsides and the discoloration disappears within a …


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.