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The Constitutional Significance Of Forgotten Presidents , Michael J. Gerhardt
The Constitutional Significance Of Forgotten Presidents , Michael J. Gerhardt
Cleveland State Law Review
My hope is to clarify the forgotten constitutional legacies of a number of American Presidents. This is only a small sliver of constitutional law, but not an insignificant one at that. My aim is to examine how the Presidents we commonly dismiss as constitutionally insignificant actually helped to shape the future of constitutional law. How these Presidents (and their administrations) exercised power, even for as short a time as William Henry Harrison, changed the constitutional landscape. I do not intend to make the case for rating these Presidents higher than historians or others usually do or for overstating what they …
Decide The Law, Clearly - A Reply To Judge Bettman, Ben Glassman
Decide The Law, Clearly - A Reply To Judge Bettman, Ben Glassman
Cleveland State Law Review
The Honorable Marianna Brown Bettman’s dilemma is roughly this: if a clause of a state constitution is worded similarly to a clause in the federal Constitution, how can a state court develop constitutional law? But in important respects, Judge Bettman's question reflects a misunderstanding of the law. This misunderstanding prevents her from identifying what is really at stake in cases like the one she describes. Judge Bettman seems to have misread Michigan v. Long. The Long Court laid out a clear test for determining the Supreme Court's appellate jurisdiction over state cases where the grounds-federal or state-of the state court's …
Prosecution Of Christian Scientists: A Needed Protection For Children Or Insult Added To Injury, Daniel Vaillant
Prosecution Of Christian Scientists: A Needed Protection For Children Or Insult Added To Injury, Daniel Vaillant
Cleveland State Law Review
A young child is dead. The death occurred because the parents refused to take their child to a doctor. Now, ordinarily, this refusal to obtain medical attention for a dying child would result in immediate indictments against the parents for involuntary manslaughter. But what if the parents are Christian Scientists? This question of whether Scientists should be treated differently because of their faith is a very controversial one in America today. If we allow the Scientists to practice their religion without government interference, children who could be medically treated and possibly saved may die. If, on the other hand, we …
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 …
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Cleveland State Law Review
It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).
Judicial Control Over Passport Policy, Leon Hurwitz
Judicial Control Over Passport Policy, Leon Hurwitz
Cleveland State Law Review
This paper is concerned with the judiciary's role in influencing both the procedure and substance of one particular aspect of foreign policy, namely, the passport policy of the State Department. That a decision regarding passports is a foreign policy decision has long been advanced by the President and Secretary of State. It is generally accepted that the issuance and regulation of passports is an integral part of the general conduct of American foreign relation
Women And The Equal Protection Clause, Eric R. Gilbertson
Women And The Equal Protection Clause, Eric R. Gilbertson
Cleveland State Law Review
The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Cleveland State Law Review
It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …
Constitutional Rights In Juvenile Court, Joseph L. Rubin
Constitutional Rights In Juvenile Court, Joseph L. Rubin
Cleveland State Law Review
On June 20, 1966, the United States Supreme Court noted that it had probable jurisdiction in the case of In Re Gault. Ten months and three weeks later, the Supreme Court reached a landmark decision on judicial handling of juvenile delinquency matters. On May 15, 1967, the court handed down a ruling that many of the constitutional procedural protections previously observed only in adult trials are also applicable to children in juvenile court proceedings. This decision portends a major change in the manner in which most of the nation's three thousand juvenile courts have been functioning. The significance of this …