Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
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 …
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 …