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Articles 1 - 10 of 10
Full-Text Articles in Law
Free Exercise, The Respect For Marriage Act, And Some Potential Surprises, Mark Strasser
Free Exercise, The Respect For Marriage Act, And Some Potential Surprises, Mark Strasser
Cleveland State Law Review
Congress recently passed the Respect for Marriage Act to assure that certain marriages would remain valid even if the Supreme Court were to overrule past precedent and hold that the Constitution does not protect the right to marry a partner of the same sex or of a different race. However, the Act, as written, may not offer protection for certain same-sex or interracial marriages and may open the door to the federal protection of plural marriages, congressional intent notwithstanding, because of the Court’s increasingly robust free exercise jurisprudence.
Dobbs And The Future Of Liberty And Equality, Kim Forde-Mazrui
Dobbs And The Future Of Liberty And Equality, Kim Forde-Mazrui
Cleveland State Law Review
This lecture critiques Dobbs v. Jackson Women’s Health Organization and assesses its implications for liberty and equality. Dobbs’ immediate effect was major disruption to abortion rights. In the longer term, by discarding fifty years of precedent and by basing constitutional rights exclusively on long-standing history and tradition, Dobbs jeopardizes liberty and equality rights that the Court has recognized in the late twentieth and early twenty-first centuries. Such modern liberty rights include contraception, interracial marriage, adult sexual intimacy and same-sex marriage. Modern equality rights include strong bars on discrimination based on race and sex, and moderate protections for LGBTQ+ status. …
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders
Cleveland State Law Review
This Article series argues that the Supreme Court’s jurisprudence on excessive force from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of conservatism. Modern conservatism developed as a backlash against various social movements like the Civil Rights Movement and spontaneous urban rebellions during …
Liberating Legal Aid: Reducing Covid-19'S Justice Gap And Promoting Health By Removing The Legal Services Corporation's Class Action And Advocacy Restrictions, Molly C. Schmidt
Liberating Legal Aid: Reducing Covid-19'S Justice Gap And Promoting Health By Removing The Legal Services Corporation's Class Action And Advocacy Restrictions, Molly C. Schmidt
Cleveland State Law Review
The Legal Services Corporation (LSC) is the single-largest funder of civil legal services, or legal aid, in the United States. The COVID-19 pandemic underscored a longstanding and growing problem faced by ow-income Americans served by LSC-funded legal aid organizations: the growing "justice gap." The justice gap represents the unmet civil legal needs of low-income Americans. The justice gap perpetuates poverty, conceals health-harming legal problems, and furthers racial disparities. Despite the LSC’s essential role in reducing the justice gap and promoting “equal access to justice,” Congress consistently underfunded the LSC before and during COVID-19. Congress has also prohibited the LSC-funded legal …
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Cleveland State Law Review
2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and outdated reality, the legal academy has been reluctant to alter the traditional method of teaching. Tangible, empirical evidence obtained from data-driven cognitive learning science research demonstrates that active learning not only improves learning outcomes for all students, but also mitigates the structural effects of racism in the classroom thereby increasing racial …
Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees
Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees
Cleveland State Law Review
Title VII cases alleging sex harassment have become almost completely deferential to employers who have anti-harassment policies. In this Note, I discuss legal and sociological influences on this development and propose using restorative justice focused mediation to avoid rendering Title VII entirely ineffective. Mediation should only be compelled as a remedy—after a court finds that harassment occurred, but that the plaintiff cannot prove her employer knew about the harassment. Instead of dismissing these cases—where judges have already found illegal discrimination—some corrective action should be imposed on the employer for its failure to maintain a harassment-free workplace. Focusing mediation on principles …
The Role Of The Prosecutor And The Grand Jury In Police Use Of Deadly Force Cases: Restoring The Grand Jury To Its Original Purpose, Ric Simmons
Cleveland State Law Review
In deciding whether and what to charge in a criminal case, the prosecutor looks to three different factors. The first is legal: is there probable cause that the defendant committed this crime? The second is practical: if the case goes to trial, will there be sufficient evidence to convict the defendant beyond a reasonable doubt of this crime? And the third is equitable: should the defendant be charged with this crime? The prosecutor is uniquely qualified to answer the first and second question, but the third is a bit trickier. If it is used properly, the grand jury could provide …
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Cleveland State Law Review
In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for an indictment. Still …
The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe
The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe
Cleveland State Law Review
Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging—the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal justice system. While few have focused on this question in the domestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and …
Restoring Independence To The Grand Jury: A Victim Advocate For The Police Use Of Force Cases, Jonathan Witmer-Rich
Restoring Independence To The Grand Jury: A Victim Advocate For The Police Use Of Force Cases, Jonathan Witmer-Rich
Cleveland State Law Review
This Article proposes a grand jury victim advocate to represent the interests of the complainant before the grand jury in investigations into police use of excessive force. Currently, the prosecutor has near-exclusive access to the grand jury, and as a result, grand juries have become almost entirely dependent on prosecutors. Historically, however, grand juries exhibited much greater independence. In particular, grand juries have a long history in America of providing oversight over government officials, bringing criminal charges for official misconduct even when local prosecutors proved reluctant. Permitting the alleged victim of police excessive force to be represented before the grand …