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Articles 1 - 13 of 13
Full-Text Articles in Law
Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir
Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir
Doron M Kalir
In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts …
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 …
Reply To Critics Of The Heartbeat Bill, David F. Forte
Reply To Critics Of The Heartbeat Bill, David F. Forte
David F. Forte
Forte's reply to critics of HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.
Prepublication Version, Taking Stare Decisis Seriously: A Cautionary Tale For A Progressive Supreme Court, James G. Wilson, Shimshon Balanson
Prepublication Version, Taking Stare Decisis Seriously: A Cautionary Tale For A Progressive Supreme Court, James G. Wilson, Shimshon Balanson
James G. Wilson
No abstract provided.
Occupiers Of 51 Olivia Road V. City Of Johannesburg: Enforcing The Right To Adequate Housing Through Engagement, Brian E. Ray
Occupiers Of 51 Olivia Road V. City Of Johannesburg: Enforcing The Right To Adequate Housing Through Engagement, Brian E. Ray
Law Faculty Articles and Essays
On 19 February 2008, the South African Constitutional Court handed down an important new socioeconomic rights decision, Occupiers of 51 Olivia Road v City of Johannesburg ('City of Johannesburg'). City of Johannesburg approved a landmark settlement between the City of Johannesburg and residents of several informal communities in Johannesburg who had sought to prevent the City from evicting them as part of an inner-city regeneration project. Rather than imposing a direct remedy, the Court instead constitutionalised a novel 'engagement' requirement in housing-rights cases. Engagement, which requires government entities to consult with residents affected by policy decisions that may involve eviction …
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.
Recent Developments In Equal Employment Opportunity Litigation, Howard R. Besser
Recent Developments In Equal Employment Opportunity Litigation, Howard R. Besser
Cleveland State Law Review
The 1964 Civil Rights Act, enacted on July 2nd of that year, represented an attempt by the federal government to deal with unlawful discrimination in many fields of endeavor, including housing, employment, public accommodations and facilities, federally assisted and federally funded programs, voting rights, etc. . . Title VII of that Act is specifically concerned with equal employment opportunity and creates the Equal Employment Opportunity Commission to carry out the functions of the law.
Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew
Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew
Cleveland State Law Review
"Due process" is an elusive concept. "It is not a mechanical instrument. It is not a yardstick. It is a process." "Its exact boundaries are undefinable, and its content varies according to specific factual contexts. . . . Whether the Constitution requires that a particular right obtain in a specific proceeding depends upon a complexity of factors. The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." The layman's conception that due process is a conglomerate of technicalities is simply wrong. Due …