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Articles 1 - 11 of 11
Full-Text Articles in Law
An Examination Of The Death Penalty, Alexandra N. Kremer
An Examination Of The Death Penalty, Alexandra N. Kremer
The Downtown Review
The death penalty, or capital punishment, is the use of execution through hanging, beheading, drowning, gas chambers, lethal injection, and electrocution among others in response to a crime. This has spurred much debate on whether it should be used for reasons such as ethics, revenge, economics, effectiveness as a deterrent, and constitutionality. Capital punishment has roots that date back to the 18th century B.C., but, as of 2016, has been abolished in law or practice by more than two thirds of the world’s countries and several states within the United States. Here, the arguments for and against the death …
Peer Pressure: Why America Should Succumb To The Territorial Tax Temptation, Paul Petrick
Peer Pressure: Why America Should Succumb To The Territorial Tax Temptation, Paul Petrick
Global Business Law Review
This Note argues that the United States should adopt a territorial tax system. Currently, the United States is one of a small group of nations that employs a worldwide system of taxation. Under a worldwide system, income is taxed both in the country where it is earned and in the country where the taxpayer resides. Alternatively, under a territorial system, income is taxed only in the country where it is earned. By adopting a territorial system, the United States would jettison the duplicative taxation inherent in the worldwide system. Additionally, the presence of anti-inversion rules, controlled foreign corporation rules, and …
History In Law, Mythmaking, And Constitutional Legitimacy - Symposium: History And Meaning Of The Constitution, Patrick J. Charles
History In Law, Mythmaking, And Constitutional Legitimacy - Symposium: History And Meaning Of The Constitution, Patrick J. Charles
Cleveland State Law Review
What truly separates an historical inquiry, however, from an originalist inquiry is the degree by which myth consumes fact. Certainly, regardless of whether one is performing an historical or originalist inquiry, the methodological process takes part in generating myth. In terms of where the respective inquiries are to be placed on the spectrum of constitutional mythmaking, however, the standard historical inquiry is far less likely to engage in the process than its originalist counterpart. This is mainly because originalism is not so much about reasoning from known historical truths, but instead about recreating a hypothetical expected legal application of how …
The Rise And Demise Of The Collective Right Interpretation Of The Second Amendment, David T. Hardy
The Rise And Demise Of The Collective Right Interpretation Of The Second Amendment, David T. Hardy
Cleveland State Law Review
This article explores the origins of the two competing theories of the Second Amendment -- the "individual rights" approach which carried the majority in Heller and McDonald, and the variants of a "collective right" theory which was previously dominant in the lower courts, and one variant of which was endorsed by the Heller dissents. Careful analysis of states' bills of rights of the Framing period suggests that two guarantees were desired, by different political factions. Framers closely adhering to the Classical Republican point of view favored protection for the militia as a system; those favoring the emerging Jeffersonian point of …
Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.
Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.
Global Business Law Review
In this article, I describe the major financial crises that evolved into economic crises during the past four hundred years in Europe, the United States, and Asia, before turning to the 2007-10 global financial and economic crisis. My focus will be Tulipmania of 1637, Mississippi Scheme of 1720, South Sea Bubble of 1720, Great Crash of 1929, Crash of 1987, Asian Financial Crisis of 1997, Dot-com Bubble of 2000, and Financial Crisis of 2007-10. I identify commonalities as well as distinguishing characteristics among the events. In the discussion and description that follows, I note that the tendency is for more …
Our Forgotten Founders: Reconstruction, Public Education, And Constitutional Heroism, Tom Donnelly
Our Forgotten Founders: Reconstruction, Public Education, And Constitutional Heroism, Tom Donnelly
Cleveland State Law Review
In this Article, I consider the constitutional stories we tell our schoolchildren about the Founding and Reconstruction. To that end, I analyze the relevant sections of our leading high school history textbooks, focusing particularly on the consensus narratives and constitutional heroes that emerge in these accounts. This analysis is vital to more fully understanding the background assumptions that elite lawyers, political leaders, and the wider public bring to bear when they consider the meaning of the Constitution.
Speeding Towards Disaster: How Cleveland's Traffic Cameras Violate The Ohio Constitution, Kevin P. Shannon
Speeding Towards Disaster: How Cleveland's Traffic Cameras Violate The Ohio Constitution, Kevin P. Shannon
Cleveland State Law Review
Part II of this paper describes the history and development of traffic cameras. It includes a discussion of how the two systems used by Cleveland (red-light and speeding cameras) operate. It also gives a general background of the relationship between cities and camera vendors. Part III provides the legal background of traffic cameras. It begins by examining the various arguments that have been leveled against cameras and then examines the litigation to date challenging traffic cameras. Next, this Note discusses the scholarly literature on the subject and explains how this argument situates itself in the debate. Part IV gives traffic …
Ohio's Constitutions: An Historical Perspective, Barbara A. Terzian
Ohio's Constitutions: An Historical Perspective, Barbara A. Terzian
Cleveland State Law Review
This article takes us from 1802 to the present, through two state constitutions and four constitutional conventions. The author shows how the crucible of history shaped and reshaped the Ohio Constitution - from early struggles, on the very threshold of statehood, between Jeffersonian Republicans and Federalists; to the pressures exerted in their respective eras by Abolitionists, Progressives, and Prohibitionists; to the quests for suffrage by blacks and women; to the economic impact of the Civil War and the growing industrialization of subsequent decades. Terzian performs this survey with careful attention to the political dynamics at each of Ohio's constitutional conventions …
Bankruptcy Reform: An Orderly Development Of Public Policy , William T. Bodoh, Lawrence P. Dempsey
Bankruptcy Reform: An Orderly Development Of Public Policy , William T. Bodoh, Lawrence P. Dempsey
Cleveland State Law Review
In legislating the pending bankruptcy "reform," Congress has made many of the key decisions behind closed doors. In fact, the process has been characterized as a congressional effort to pass a "stealth bankruptcy bill." This secrecy brings into question the democratic nature of congressional deliberation. When the Framers designed the legislative branch, open debate was envisioned as the rule, not the exception. Unfortunately, Congress has adopted a secretive, approach to pushing through recent bankruptcy legislation. In a sharp departure from the decades-long congressional approach to bankruptcy legislation, "Congress stopped seeking expert advice and instead turned to special interest lobbyists…” Thus, …
The Matrix Of The Common Law, George L. Haskins
The Matrix Of The Common Law, George L. Haskins
Cleveland State Law Review
Great men have admonished us never to forget the continuing relevance of history in the Anglo-American legal system. We are cautioned to remember that the highly individualistic character of much of our law is explained by its Germanic rather than its Roman roots and, further, that the Anglo-American system has built upon countervailing concepts of relationships which are feudal in origin, and to which rights and duties attach without regard to the will of individuals, which is the underlying principle of classical Roman law. Thus, in our law, powers, rights, and duties stem from relationships such as principal-agent, vendor-purchaser, landlord-tenant …
History Of Arbitration Practice And Law, Frank D. Emerson
History Of Arbitration Practice And Law, Frank D. Emerson
Cleveland State Law Review
Long before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the resolving of discord, the adjustment of differences, and the settlement of disputes. It is important to recall the early uses of arbitration at this time when, in the midst of a rising tide of controversy, doubts arise. Arbitration is sometimes thought to be something new, untried, and hazardous to good public relations; or its organization seems to be detrimental to judicial institutions that seem older, but are in reality next-of-kin.