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Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman
Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman
Cleveland State Law Review
The inadequate avenues of direct relief available to those groups that have been discriminated against have been a cause of frustration and a source of alienation leading in certain instances to violence. The inability of our legal system to assure equal job opportunity has contravened the very essence of the thirteenth amendment of the United States Constitution prohibiting slavery.
Billboard Regulations, And Aesthetics, Richard Sutton
Billboard Regulations, And Aesthetics, Richard Sutton
Cleveland State Law Review
The regulation of outdoor advertising has prompted a surprisingly prodigious amount of controversy and litigation. It has been challenged as a denial of free speech, due process, and equal protection; it has been upheld on nuisance4 and real property grounds, and sustained on the basis of public health, safety, morality, comfort and convenience, aesthetics, and the right to be let alone."
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Cleveland State Law Review
This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Cleveland State Law Review
In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Cleveland State Law Review
The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Cleveland State Law Review
It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).