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Articles 1 - 5 of 5
Full-Text Articles in Law
The History Of The One-Subject Rule Of The Ohio Constitution, John J. Kulewicz
The History Of The One-Subject Rule Of The Ohio Constitution, John J. Kulewicz
Cleveland State Law Review
One hundred and forty-seven years after its adoption, the one-subject rule of the Ohio Constitution continues to generate debate. What emerges from its origin at the 1850-1851 Ohio Constitutional Convention, its early application in the Pim decision and its survival at the 1873-1874 Ohio Constitutional Convention, however, are the principles that the purpose of the rule is (1) to notify legislators of the content of bills on which they vote after having dispensed with the required reading; and (2) to avoid the joinder of unrelated measures that could not win separate support during the legislative process. The one-subject clause thus …
Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy
Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy
Cleveland State Law Review
Hundreds of Worldwide Web site providers blackened their pages for forty-eight hours to protest the enactment of the Communications Decency Act of 1996 ("CDA"). The CDA regulates the transmission of sexually explicit material, both obscene and indecent, over the Internet. The CDA protesters claimed the law, designed to protect children, impermissibly infringes on adults' First Amendment rights to send and receive sexually explicit material. This note begins by exploring the challenged provisions of the CDA and the positions of those parties who opposed the CDA in the federal district court declaratory judgment actions. Next, the note examines applicable case precedent …
Beyond The Shell And Husk Of History: The History Of The Seventeenth Amendment And Its Implications For Current Reform Proposals , Todd J. Zywicki
Beyond The Shell And Husk Of History: The History Of The Seventeenth Amendment And Its Implications For Current Reform Proposals , Todd J. Zywicki
Cleveland State Law Review
The purpose of this article is to review and synthesize the lessons of recent Seventeenth Amendment scholarship and how these lessons apply to current reform proposals. Part I discusses the emerging understanding of the integral and multifaceted role played by the Senate in the original constitutional structure. Part II further reviews and critiques the traditional explanations which have been offered for the Seventeenth Amendment, and demonstrates their failure to explain the passage of the Seventeenth Amendment. Part III discusses an alternative explanation for the Seventeenth Amendment rooted in a public choice analysis of constitutional change, one which largely has been …
Florida's Community Notification Of Sex Offenders On The Internet: The Disregard Of Constitutional Protections For Sex Offenders, Andrea L. Fischer
Florida's Community Notification Of Sex Offenders On The Internet: The Disregard Of Constitutional Protections For Sex Offenders, Andrea L. Fischer
Cleveland State Law Review
One of the toughest challenges for the courts is determining how to balance society's need for protection against an individual's constitutional rights. This Note provides an analysis of the controversy concerning community notification of sex offenders who victimize children, with the discussion directed to the constitutionality of community notification over the Internet, and suggests other possible ways to help prevent repeat sex offenses against children. Part II begins by focusing on which members of our communities are sex offenders that victimize children and looks at the reasons why they choose children as their victims. In Part III, this Note traces …
Suspending The Rule Of Law - Temporary Immunity As Violative Of Montesquieu's Republican Virtue As Embodied In George Washington, Joseph P. Rodgers
Suspending The Rule Of Law - Temporary Immunity As Violative Of Montesquieu's Republican Virtue As Embodied In George Washington, Joseph P. Rodgers
Cleveland State Law Review
This Note offers a somewhat unique perspective on the notion of clemency. This inquiry contemplates the merit of temporary immunity from civil suits for acts which eventuated outside the scope of one's official responsibilities and argues that such an unprecedented expansion of civil immunity is antithetical to Montesquieu's conception of public virtue as evinced in The Spirit of Laws. This Note also reflects on the iconic role of Washington at the Constitutional Convention as emblematic of quintessential republican virtue. Part II briefly traces the evolution of absolute, qualified, and temporary immunity from an historical perspective. Part III acclimates the reader …