Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Decide The Law, Clearly - A Reply To Judge Bettman, Ben Glassman
Decide The Law, Clearly - A Reply To Judge Bettman, Ben Glassman
Cleveland State Law Review
The Honorable Marianna Brown Bettman’s dilemma is roughly this: if a clause of a state constitution is worded similarly to a clause in the federal Constitution, how can a state court develop constitutional law? But in important respects, Judge Bettman's question reflects a misunderstanding of the law. This misunderstanding prevents her from identifying what is really at stake in cases like the one she describes. Judge Bettman seems to have misread Michigan v. Long. The Long Court laid out a clear test for determining the Supreme Court's appellate jurisdiction over state cases where the grounds-federal or state-of the state court's …
Prosecution Of Christian Scientists: A Needed Protection For Children Or Insult Added To Injury, Daniel Vaillant
Prosecution Of Christian Scientists: A Needed Protection For Children Or Insult Added To Injury, Daniel Vaillant
Cleveland State Law Review
A young child is dead. The death occurred because the parents refused to take their child to a doctor. Now, ordinarily, this refusal to obtain medical attention for a dying child would result in immediate indictments against the parents for involuntary manslaughter. But what if the parents are Christian Scientists? This question of whether Scientists should be treated differently because of their faith is a very controversial one in America today. If we allow the Scientists to practice their religion without government interference, children who could be medically treated and possibly saved may die. If, on the other hand, we …