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Articles 1 - 6 of 6
Full-Text Articles in Law
Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever
Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever
Law Faculty Presentations and Testimony
Supporters and Opponents endorse Lincoln's caution that the "dogmas of the quiet past are inadequate to the stormy present. We must think anew." All sides also agree that "eternal vigilance is the price of liberty." But what do such words mean in the world following 9/11? Supporters and Opponents of the National Government's anti-terrorism policies have starkly different perceptions. This is so as to a) the crisis we face, b) the need for particular policies, and c) the impact on civil liberties and upon our Constitutional system. Clearly, lawyers have a special duty to understand those differing perceptions in order …
Protecting America First: Deporting Aliens Associated With Designated Terrorist Organizations That Have Committed Terrorism In America In The Face Of Actual Threats To National Security, Dana B. Weiss
Cleveland State Law Review
In light of the devastation and destruction caused by the September 11th attacks and the remaining imminent threat of more attacks in this country, this Note proposes legislation that would provide for removal of aliens who are merely associated with a known terrorist organization that has committed acts of terrorism in the United States. Part II outlines the Immigration and Naturalization Services (INS) legislation in effect at the time of the attacks and the rationale behind prohibiting deportation for mere association with a known terrorist organization. Part III discusses newly enacted legislation strengthening deportation laws, which do not go as …
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Law Faculty Articles and Essays
The main charge to me is to show you alternatives other than, for instance, federal legislation that could be deployed to rectify genetic discrimination.You may have noticed that in our conference materials, and in a number of the presentations, there has been either an explicit or an implicit call along the lines of “there ought to be a law that ...” Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here.One is to ask you to critically evaluate whether a federal statute …
Constitutional Classifications And The "Gay Gene", Susan J. Becker
Constitutional Classifications And The "Gay Gene", Susan J. Becker
Law Faculty Articles and Essays
In this essay the author discusses the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called “gay gene” on legal classifications.
Lincoln, Marshall And The Judicial Role, David F. Forte
Lincoln, Marshall And The Judicial Role, David F. Forte
Law Faculty Articles and Essays
Abraham Lincoln understood judicial activism. For Lincoln, the paradigm of the unrestrained Supreme Court was the decision in Dred Scott v. Sandford. Lincoln saw the "illegitimacy" of Dred Scott not in that the Supreme Court had overturned an act of Congress. It was, rather, that the Supreme Court, in the guise of making a legal decision, instead made a political decision. Even worse, it was a political decision that sought to redefine the polity in fundamental, constitutional terms. Lincoln's position echoed the most eloquent articulation of judicial review ever made by the Court: in Marbury vs. Madison, Chief Justice Marshall …
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Cleveland State Law Review
In Zelman, the Court examined the constitutionality of an Ohio pilot program that took effect in the Cleveland City School District. One of the program's provisions permitted parents to use a tuition voucher for their children to attend public or private schools, including religious schools. The statute authorizing the program ensured that participating private schools remained affordable for the most disadvantaged children, and required that the schools refrain from "advocat[ing] or foster[ing] unlawful behavior or teach[ing] hatred of any person or group on the basis of race, ethnicity, national origin or religion." The Cleveland program exemplifies one attempt, informed by …