Law Commons^™

Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner

Journal of Law and Health

Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …

R.E.S.P.E.C.T.: The Court's Forgotten Virtue, Camille Pollutro

Cleveland State Law Review

This Article recommends a shift in constitutional interpretation that requires the existence of respect for the class at issue when a fundamental right is being considered under the narrow, historical deeply rooted test of the Fourteenth Amendment. By focusing on Dobbs v. Jackson Women’s Health Organization, this Article highlights that the class at issue—women—are having their fundamental rights decided for them by the legal sources of 1868. In applying this strict and narrow historical deeply rooted test, the Court fails to consider the lack of respect and autonomy that women had in 1868. To the Court, if twenty-eight out …

Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic

Cleveland State Law Review

In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only …

Due Process Junior: Competent (Enough) For The Court, Tigan Woolson

Journal of Law and Health

There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.

Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …

Innocent Until Proven Arrested: How Pretrial Juvenile Detention For Nonviolent Offenders In Ohio Inflicts Constitutional Violations, Taryn Schoenfeld

Et Cetera

When a juvenile is accused of committing a crime in Ohio, juvenile court judges must determine whether to detain the child pretrial in a juvenile jail or permit the child to go home to await trial. Whereas alleged adult offenders have the right to pay a monetary bond to be released from jail pretrial, juveniles have no such right. Thus, once a judge makes the decision to detain a juvenile pretrial—prior to being adjudicated delinquent of any crime—it is difficult for that decision to be undone. While incarcerated, juveniles suffer irreversible psychological, emotional, mental, and social harms, despite juvenile courts …

Rethinking The Process Of Service Of Process, Mary K. Bonilla

St. Mary's Law Journal

Even as technology evolves, the Federal Rules of Civil Procedure, specifically Federal Rule 4, remains stagnate without a mechanism directly providing for electronic service of process in federal courts. Rule 4(e)(1) allows service through the use of state law—consequently permitting any state-approved electronic service methods—so long as the federal court where proceedings will occur, or the place where service is made, is located within the state supplying the law. Accordingly, this Comment explains that Rule 4 indirectly permits electronic service of process in some states, but not others, despite all 50 states utilizing the same federal court system. With states …

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner

Journal of Food Law & Policy

Under their police power, governments regulate nuisances and take actions in emergency situations. For protecting humans, animals, and plants from diseases and other pests (jointly referred to as diseases), governments order inoculations, quarantine items and people, and seize and destroy property.' With respect to plants and animals, the United States Secretary of Agriculture is authorized to prohibit the importation and movement of items than may be infested. The Secretary also has the authority to hold, treat, and destroy items to prevent the dissemination of plant and animal pests. State governments take additional actions to

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.

Due Process Court Of Appeals

Touro Law Review

No abstract provided.

Notice, Due Process, And Voter Registration Purges, Anthony J. Gaughan

Cleveland State Law Review

In the 2018 case of Husted v. A. Philip Randolph Institute, a divided United States Supreme Court upheld the procedures that Ohio election authorities used to purge ineligible voters from the state’s registration lists. In a 5-4 ruling, the majority ruled that the Ohio law complied with the National Voter Registration Act of 1993 (NVRA) as amended by the Help America Vote Act of 2002 (HAVA). This Article contends that the controlling federal law—the NVRA and HAVA—gave the Supreme Court little choice but to decide the case in favor of Ohio’s secretary of state. But this article also argues …

Commitment Through Fear: Mandatory Jury Trials And Substantive Due Process Violations In The Civil Commitment Of Sex Offenders In Illinois, Michael Zolfo

Chicago-Kent Law Review

In Illinois, a person deemed a Sexually Violent Person (“SVP”) in a civil trial can be detained indefinitely in treatment facilities that functionally serve as prisons. SVPs are not afforded the right to waive a jury trial, a right that criminal defendants enjoy. This results in SVPs facing juries that treat sex offenders as monsters or sub-humans, due to often sensationalistic media coverage and the use of sex offenders as boogeymen in political campaigns. The lack of a jury trial waiver results in more individuals being deemed SVPs, depriving many of their liberty without the due process of law, a …

Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby

The Scholar: St. Mary's Law Review on Race and Social Justice

On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.

There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply with 8 U.S.C. …

Default License Revocation In California Administrative Law, Jacob Reinhardt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming

E-Mail Service In New York State, Anastazia Sienty

Pace Law Review

This article will review New York’s service statute, C.P.L.R. § 308, in light of today’s culture and communications. Part One reviews the Constitutional framework of service, the statutory demands for e-mail as a method of service with appropriate leave of court, and provides an overview of the statute. Part Two reviews the evolution of New York case law. Part Three focuses on “how to” use C.P.L.R. § 308(5) to obtain service of process by e-mail. Part Four contemplates the future of service via e-mail.

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Shock Incarceration And Parole: A Process Without Process, Adam Yefet

Brooklyn Law Review

The idea that an inmate could possess a liberty interest in parole is a relatively recent development in Fourteenth Amendment law. It was not until 1979, in Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, that the Supreme Court examined Nebraska’s parole scheme and found that inmates could have a liberty interest in parole. The primary implication of Greenholtz was that parole statutes that contained certain mandatory language could confer upon inmates a liberty interest in parole. Applying the Greenholtz analysis, numerous parole schemes across the country were held to create a liberty interest and to require …

Baltimore's Monumental Question: Can The Heightened Social Conscience Against The Confederacy Rewrite The Constitutional Right To Due Process?, Blake Alderman

University of Baltimore Journal of Land and Development

Monuments are preserved in order to remember, educate the public on, and acknowledge the monuments’ historical significance. Maryland’s monuments are designated by two authorities: the Board of the Maryland Historical Trust and smaller municipal commissions.1 The Board examines local monuments to be submitted to the national registry, whereas the smaller commissions are appointed and operate to preserve local Baltimore monuments.2 On June 30, 2015, Baltimore City Mayor Stephanie Rawlings-Blake announced the creation of a Special Commission to review all Baltimore City Confederate historical monuments.3

The Commission’s appointment stems from a recently heightened national awareness of racism embedded in government culture. …

Civil Servant Employee Disciplinary Proceedings: A Comparative Analysis And Recommendations For A Uniform Statute, Carlos J. Cuevas, Leonard M. Baynes

Akron Law Review

The purpose of this article is to analyze the disciplinary proceedings for non-probationary civil servants on the state and federal level. The article will focus on the procedures adopted by the states of California, Illinois, and New York, and the Federal statutes and regulations. Furthermore, recommendations will be offered to establish a model statute regulating the procedural aspects of employee disciplinary proceedings.

Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock

University of Arkansas at Little Rock Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.

Touro Law Review

No abstract provided.

Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul

University of Baltimore Law Forum

A century ago, personal jurisdiction largely hinged on a simple litmus test: the defendant’s presence in the forum state. The issue of personal jurisdiction gained prevalence as the nation evolved from its earlier days of detached, semi-sovereign entities, whose citizens rarely interacted, to a nation where interstate commerce had increased, with interstate litigation growing correspondingly. In Pennoyer v. Neff, the Supreme Court of the United States effectively limited a state’s jurisdiction to persons physically present within its territorial borders. However, in today’s increasingly interconnected world, physical presence appears to represent an anachronism set in the post-Civil War, horse-and-buggy America of …