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Full-Text Articles in Law

Nurture And Natural Law, David F. Forte Jan 1993

Nurture And Natural Law, David F. Forte

Law Faculty Articles and Essays

The state cannot take the place of the nurturing acts between individuals. It can assist the formation of those relationships. It can seek to prevent the vulnerabilities present in intimate relationships from resulting in harm (spousal abuse or abortion, for example), but it cannot construct its own alternative to how humans can beneficially interact. It can coordinate the generic basics of security, subsistence, and education; it can encourage patterns of nurturing (parental involvement in education, a wider range of information available in abortion decisions, welfare policies that reward bonding and independence); it can seek to prevent harm (rescuing those in …


Conservatism And The Rehnquist Court, David F. Forte Jan 1993

Conservatism And The Rehnquist Court, David F. Forte

Law Faculty Articles and Essays

Now that the Supreme Court has been overwhelmingly staffed by appointees of Republican Presidents, we can ask: To what extent have they been faithful to the original version of the Constitution as articulated during its early years? How have they revivified the structural protections? How have they communicated an ethical sense of their own role in the structure? The answer, unfortunately, is that the record remains disappointing.


Special Proceedings In Ohio: What Is The Ohio Supreme Court Doing With The Final Judgment Rule, Donald I. Gitlin Jan 1993

Special Proceedings In Ohio: What Is The Ohio Supreme Court Doing With The Final Judgment Rule, Donald I. Gitlin

Cleveland State Law Review

This note will analyze special proceedings in Ohio insofar as they relate to the appealability of interlocutory orders. Because of the complex and evolving nature of the Ohio Supreme Court's interpretation of special proceedings, this note's analysis must necessarily be largely descriptive of Ohio case law. In addition, this note will highlight differences between Ohio appellate practice and federal practice in order to acquaint the reader with the dramatically different results reached by the two systems. In addition, Part II of this note will examine what is meant by the phrase "substantial right," which appears in the second prong of …