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Full-Text Articles in Law
Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog
Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog
Cleveland State Law Review
The immutability factor is possibly the most disputed of the four factors of the Frontiero test, a test laid out by the Supreme Court to identify suspect classifications. Doctors and scientists have spent years studying sexual orientation, attempting to find the cause of homosexuality in order to determine whether or not sexual orientation may be changed. Unfortunately, the many studies have not provided a definitive answer to the question of immutability. This Note considers many of the psychological, hormonal, and more recent genetic studies and determines what the medical and scientific evidence means for homosexuals in their pursuit for equal …
An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin
An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin
Cleveland State Law Review
Race was a central issue in Ohio from the very beginning. The original state constitution of 1802 and the successor constitution of 1851 explicitly limited suffrage to whites even as both documents forbade slavery. Moreover, the legislature imposed various legal disabilities and restrictions on African Americans. For much of the Nineteenth Century, however, the Ohio Supreme Court tried to narrow the scope of those restrictions by developing a distinctive jurisprudence that was in some respects more progressive, and in general less obnoxious, than that developed in other states and by the U.S. Supreme Court. Before the end of the century, …
The Abortion Right, Originalism, And The Fourteenth Amendment, Steven Graines, Justin Wyatt
The Abortion Right, Originalism, And The Fourteenth Amendment, Steven Graines, Justin Wyatt
Cleveland State Law Review
In this article, the Privileges or Immunities Clause will be re-conceived in its original context, at the center of the Fourteenth Amendment. This re-conception includes the assumption that The Slaughter-House Cases" were decided incorrectly.'" The contention of the article is that abortion restrictions, as a specific originalist matter, can be considered economic legislation and that they also economically burden women, such that they unconstitutionally abridge two privileges or immunities, the Lochnerian liberties to contract and the engagement in any of the common occupations. Specifically, abortion restrictions violate "the prohibition on redistributive 'class' legislation ... that was deeply rooted in the …
The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim
The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim
Cleveland State Law Review
This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
Cleveland State Law Review
Perhaps no legal principle illustrates the use of Fourteenth Amendment equal protection jurisprudence more poignantly than the relatively obscure cy pres doctrine. The ancient doctrine which allowed both courts and the Crown in England to change trust purposes when the original trust purposes proved no longer viable was adopted belatedly, sporadically and partially by jurisdictions in the United States. In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the …
One Person-One Vote Round Iii: Challenges To The 1980 Redistricting, Robert J. Van Der Velde
One Person-One Vote Round Iii: Challenges To The 1980 Redistricting, Robert J. Van Der Velde
Cleveland State Law Review
Ever since the United States Supreme Court entered the "political thicket" of redistricting and reapportionment courts and legislatures have been struggling with issues relating to the Court's mandate of "one person, one vote." The re-drawing of congressional and legislative district boundaries after the 1980 census was only the third time that district boundaries have been drawn according to the Supreme Court's mandate of "one person-one vote." This Article discusses the legal requirements of one person-one vote and the continuing evolution of the legal standards in this area. Part II analyzes the evolution of one person-one vote doctrine in the Supreme …
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
Cleveland State Law Review
This Note begins with a background of Ohio Supreme Court limitations on the General Assembly's definition of injury in workers' compensation law. Part IV(C) of this Note will analyze other jurisdiction's approaches to the compensability of physical injury caused by mental stimulus and will discuss other aspects and refinements of personal injury in the course of employment. It is proposed that there is a need for reform in Ohio's construction of "any injury"'-one that will embrace the nationwide trends of "uniformly" compensating workers for both physical and mental injury caused by mental stimulus. Ohio currently excludes both types of injuries. …
Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg
Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg
Cleveland State Law Review
Among governing institutions, the judiciary has been described as "the least dangerous branch."' Courts in our system have the awesome power to declare laws unconstitutional, but judges command no troops, and are said to lack the power of the purse. My remarks address a facet of the purse power supposition: When a legislative product is constitutionally infirm because it is under inclusive, what remedies lie within the judicial province? Discussion will focus on the question whether a court may order inclusion of a category of persons left out by the legislature, a question particularly pointed when the court's inclusion order …
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Cleveland State Law Review
Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Cleveland State Law Review
Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
Cleveland State Law Review
On May 14, 1973, the worst fear of at least one commentator was borne out by the opinion of the Supreme Court in Gagnon v. Scarpelli. Justice Powell, writing for the Court, recognized certain due process rights of the individual who has been convicted and placed on probation. The Court refused to adopt a per se right to representation by counsel as an element of due process in probation revocation proceedings, however. The opinion has left the meaning and importance of due process in grave doubt, has retarded the progression of penal-correctional reform, and has insured a heavy docket for …
Belle Terre V. Boraas, Stewart Goldstein
Belle Terre V. Boraas, Stewart Goldstein
Cleveland State Law Review
On April 1, 1974, the Supreme Court announced its opinion in the first zoning case of constitutional dimensions that the Court had decided in the last forty-six years. In sustaining the ordinance of the Village of Belle Terre, with its restrictive definition of "family," the Court reaffirmed its respect for the lines drawn by legislatures in the area of zoning and equal protection. The Belle Terre decision reaffirmed the validity of one municipality's mechanism for preserving the style of life of its inhabitants, free from exposure to one element of the counterculture, the voluntary cooperative association of unrelated persons: the …
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 …