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Full-Text Articles in Law

Judicial Control Over Passport Policy, Leon Hurwitz Jan 1971

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 Jan 1971

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 …


The Constitution And The One-Sex College, Lizabeth A. Moody Jan 1971

The Constitution And The One-Sex College, Lizabeth A. Moody

Cleveland State Law Review

These cases bring into sharp focus the question whether the Constitution permits government-sponsored institutions of higher learning on the basis of sex. Such institutions have a lengthy history in this country and, during the early years of the Republic, were the rule rather than the exception. Tradition, however, is not the test of constitutional permissibility.


Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe Jan 1971

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 …


Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall Jan 1971

Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall

Cleveland State Law Review

Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …