Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 12 of 12
Full-Text Articles in Entire DC Network
The Constitutional Limit Of Zero Tolerance In Schools, Derek W. Black
The Constitutional Limit Of Zero Tolerance In Schools, Derek W. Black
Faculty Publications
With the introduction of modern zero tolerance policies, schools now punish much more behavior than they ever have before. But not all the behavior is bad. Schools have expelled the student who brings aspirin or fingernail clippers to campus, who does not know that a keychain knife in his backpack, or who reports having taken away a knife from another student in order to keep everyone safe. Despite challenges to these examples, courts have upheld the suspension and expulsion of this good-faith, innocuous behavior. With little explanation, courts have opined that the Constitution places no meaningful limit on the application …
Judicial Engagement, Written Constitutions, And The Value Of Preservation: The Case Of Individual Rights, Elizabeth Price Foley
Judicial Engagement, Written Constitutions, And The Value Of Preservation: The Case Of Individual Rights, Elizabeth Price Foley
Faculty Publications
When judges alter a written constitution because its original meaning is no longer convenient, useful or modern, they engage in judicial activism. They are actively seeking to modify the written social compact to suit their own, or their perception of society’s, current preferences. Judicial activism is a usurpation of the proper judicial role, and it undermines the proper role of We the People. Only the People may amend the written constitution when a sufficiently large number (i.e., a supermajority) believes strongly enough that a formal, written modification of the social charter is necessary. Judicial engagement refers to the need for …
Law Review Symposium 2011: Baker V. Carr After 50 Years: Appraising The Reapportionment Revolution: Introduction, Jonathan L. Entin
Law Review Symposium 2011: Baker V. Carr After 50 Years: Appraising The Reapportionment Revolution: Introduction, Jonathan L. Entin
Faculty Publications
Introduction to Law Review Symposium 2011: Baker V. Carr after 50 Years: Appraising the Reapportionment Revolution, Cleveland, OH
Law School Clinics And The First Amendment, Jonathan L. Entin
Law School Clinics And The First Amendment, Jonathan L. Entin
Faculty Publications
No abstract provided.
Introduction: Reproductive Rights, Human Rights, And The Human Right To Health, B. Jessie Hill
Introduction: Reproductive Rights, Human Rights, And The Human Right To Health, B. Jessie Hill
Faculty Publications
Introduction - Case Western Reserve University Law Review Symposium 2010: Reproductive Rights, Human Rights, and the Human Right to Health
Is Nominal Use An Answer To The Free Speech & Right Of Publicity Quandary?: Lessons From America’S National Pastime, Raymond Shih Ray Ku
Is Nominal Use An Answer To The Free Speech & Right Of Publicity Quandary?: Lessons From America’S National Pastime, Raymond Shih Ray Ku
Faculty Publications
No abstract provided.
Ohio’S Dna Databank Statute, Paul C. Giannelli
Ohio’S Dna Databank Statute, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ex Post Facto Clause, Paul C. Giannelli
The Ex Post Facto Clause, Paul C. Giannelli
Faculty Publications
No abstract provided.
Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins
Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins
Faculty Publications
The first ten amendments to the United States Constitution, ratified in 1791 and known as the Bill of Rights, create the core of what people today consider their most basic freedoms. Without these rights, and consistent judicial adherence to them, most Americans would not feel secure. There are two major sources of danger to these basic rights: internal and external. Internally, we must protect ourselves from our own infringement of these rights through the firm restrictions that the Constitution places on the government in its treatment of the people. Externally, we must protect our system of maintaining these freedoms from …
The Constitutional Right To Defense Experts, Paul C. Giannelli
The Constitutional Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Law Of Confessions: Part I, Paul C. Giannelli
The Law Of Confessions: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Law Of Confessions: Part Ii, Paul C. Giannelli
The Law Of Confessions: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.