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Full-Text Articles in Law

The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk Jan 1994

The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk

Law Faculty Articles and Essays

Disjunctive legal change is often accompanied by a period of frantic activity as the competing forces of stasis and evolution vie for domination. Nowhere is the battle for legal change likely to be more sharply joined than when the findings of modern science, in their varied and multifarious forms, are pitted directly against prevailing moral or societal precepts. One of the latest incarnations of this trend is the battle over the legal recognition of gay "rights." In recent history, the courts have been inundated by gay litigants seeking the rights and protections already afforded other discrete groups within society. In …


Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass Jan 1994

Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass

Law Faculty Articles and Essays

This review of § 1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court § 1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court § 1983 litigation, and the Supreme Court has begun to pay greater attention to state court § 1983 cases. Nonetheless, most § 1983 materials focus on the federal courts. Moreover, the few works addressing litigation of § 1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article …


Desegregation As A Two-Way Street: The Aftermath Of United States V. Fordice, Chaka M. Patterson Jan 1994

Desegregation As A Two-Way Street: The Aftermath Of United States V. Fordice, Chaka M. Patterson

Cleveland State Law Review

As a result of the problems encountered by these various proposals, I propose a plan of my own that preserves HBUs to the extent that they are desegregated along with the white institutions rather than just eliminated. In this way, the burdens of integration are shared in both communities by both sets of institutions. More specifically, with respect to higher education in Mississippi, I propose the following solution to address the current situation: first, Mississippi should close or merge some of the HWUs but not the HBUs for the reasons previously articulated and then adopt a two tier system of …