Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Through A Prism Darkly: Surveillance And Speech Suppression In The Post-Democracy Electronic State", David Barnhizer
Through A Prism Darkly: Surveillance And Speech Suppression In The Post-Democracy Electronic State", David Barnhizer
David Barnhizer
Through a PRISM Darkly: Surveillance and Speech Suppression in the “Post-Democracy Electronic State” David Barnhizer There is no longer an American democracy. America is changing by the moment into a new political form, the “Post-Democracy Electronic State”. It has “morphed” into competing fragments operating within the physical territory defined as the United States while tenuously holding on to a few of the basic creeds that represent what we long considered an exceptional political experiment. That post-Democracy political order paradoxically consists of a combination of fragmented special interests eager to punish anyone that challenges their desires and a central government that …
Opening The Courthouse Doors: Allowing A Cause Of Action To Arise Directly From A Violation Of The Ohio Constitution, David M. Gareau
Opening The Courthouse Doors: Allowing A Cause Of Action To Arise Directly From A Violation Of The Ohio Constitution, David M. Gareau
Cleveland State Law Review
This note will explain why Ohio's Constitution should be looked to as the source of meaningful remedy when its provisions are violated. I will demonstrate that a cause of action grounded upon a violation of the Ohio Constitution is not only meaningful, but necessary to the notion of constitutional rights. Section two will briefly discuss the necessity of allowing a cause of action to arise from a violation of the Ohio Constitution. In particular, I will discuss the independence of the Ohio Constitution; the federal courts' increasing hostility toward the vindication of federal constitutional rights; and the benefit of allowing …
A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever
A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever
Law Faculty Presentations and Testimony
Arthur Landever discusses why we celebrate the Constitution on Constitution Day.
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Journal of Law and Health
*this is not an article, rather a summary of recent case law and authority"
Constitutional Citizenship, Paul Brest
Constitutional Citizenship, Paul Brest
Cleveland State Law Review
Our practices for determining issues of public morality are deeply flawed. We rely too heavily on the Supreme Court of the United States to determine them for us. We give too much responsibility to the Court, and too little to other institutions; we evade our own responsibility as citizens in a democratic polity. The problem is not that too many issues are "constitutionalized," for many of our most important public moral issues are quite properly treated as constitutional questions. The problem, rather, is that we assume that only the Court is authorized to decide, or is capable of deciding, constitutional …
Executive Privilege: Rhyme Without Reason, Stephen W. Gard
Executive Privilege: Rhyme Without Reason, Stephen W. Gard
Stephen W. Gard
This Article will examine the validity of a presidential claim of executive privilege when exercised against a congressional inquiry by analyzing positions previously taken by proponents of executive privilege. First, the historical usage theory, often cited as a justification for the privilege, will be reevaluated, and it will be suggested that historical precedeht does not support the existence of such a theory. Second, the separation of powers justification will be undercut by close examination of the constitutional principles involved. Finally, attack will be waged on the various public policy arguments used to support the privilege.
Recent Development, Kirby V. Illinois, Stephen W. Gard
Recent Development, Kirby V. Illinois, Stephen W. Gard
Stephen W. Gard
Pre-indictment identification confrontations, without presence of counsel, held constitutionally permitted.