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Full-Text Articles in Law

Constitutional Classifications And The Gay Gene, Susan Becker Jan 2001

Constitutional Classifications And The Gay Gene, Susan Becker

Journal of Law and Health

What I am going to talk about is the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called "gay gene" on legal classifications. What is really important here, and the reason I need to offer you a primer on constitutional law, is so that we all start on the same page by understanding how our laws, starting with the federal constitution, classify people for the purpose of bestowing or denying rights and benefits. This leads us to an understanding of why people object to various classifications, and an appreciation …


Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber Jan 2001

Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber

Law Faculty Articles and Essays

Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative branches. The vast panoply of congressional and regulatory federal action that bears on the protections afforded and rights to recover for persons within their ambit is a subject for another day. Similarly, the rare areas in which the Supreme Court of the United States establishes federal common law are subjects for another day. On a national scale, the impetus for state legislative reform action can be found in a series of landmark decisions that were soon adopted, in largely similar form, by almost all state supreme …


With God All Things Are Possible, Including Finding Ohio's State Motto Constitutional Under The Establishment Clause Of The First Amendment, Christopher Pierre Jan 2001

With God All Things Are Possible, Including Finding Ohio's State Motto Constitutional Under The Establishment Clause Of The First Amendment, Christopher Pierre

Cleveland State Law Review

The current battle over Ohio's state motto, "With God All Things Are Possible," has brought the debate over the meaning and application of the Establishment Clause to the Sixth Circuit and sparked deep feelings on both sides of the issue. Establishment Clause of the First Amendment. This brief survey will reveal the continuing disagreements over the interpretation and application of the Establishment Clause while showing that history supports generalized references to God by the federal and state government. Part III will introduce the background and procedural history of the current case American Civil Liberties Union of Ohio v. Capitol Square …


The Constitutional Legitimacy Of The Civil Provisions Of The Federal Wiretap Act - A Suggestion To The Supreme Court In The Case Of Bartnicki V. Vopper, Jess Gamiere Jan 2001

The Constitutional Legitimacy Of The Civil Provisions Of The Federal Wiretap Act - A Suggestion To The Supreme Court In The Case Of Bartnicki V. Vopper, Jess Gamiere

Cleveland State Law Review

Title III of the Federal Wiretap Act, as amended, remains the "primary law guarding the privacy of personal communication [among private citizens] in the United States." This piece of legislation will serve as the focal point of this Note. This Note will first discuss the history and context of the statute under which two cases have arisen. It will then survey various Supreme Court cases addressing the tension between the First Amendment and the right to privacy so as to provide the reader with a better understanding of the conflict between these two constitutional rights. Then it will outline and …