Law Commons^™

Symposium Remarks Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Custodians Of Civility, Defenders Of Democracy, Guardians Of Justice, Lee Fisher

Cleveland State Law Review

On October 27, 2023, Cleveland State Law Review hosted an in-person Symposium to convene academics, legal practitioners, community advocates, and judges for a robust and timely conversation about democracy’s promise and the fight for its future. This Symposium piece will reiterate some of the conversations by panelists discussing the use of law to become Guardians of Justice, the relationship between education and democracy, and the Ohio Constitution as a tool for recapturing the state’s democratic values.

Democracy & The Ohio Constitution – Recapturing The Innovative Spirit Of The 1912 Ohio Constitutional Convention, Melody J. Stewart

Cleveland State Law Review

On October 27, 2023, Cleveland State Law Review hosted an in-person Symposium to convene academics, legal practitioners, community advocates, and judges for a robust and timely conversation about democracy’s promise and the fight for its future. This Symposium piece will reiterate some of the conversations by panelists discussing the use of law to become Guardians of Justice, the relationship between education and democracy, and the Ohio Constitution as a tool for recapturing the state’s democratic values.

The Decline Of Representation Reinforcement In The Supreme Court: Increasing Deference To The Political Process, Jonathan L. Entin

Cleveland State Law Review

The Supreme Court has often interpreted the Constitution with an eye toward ameliorating failures of the political process. Over the past two decades, however, the Court has retreated from that concern with representation reinforcement. This article examines decisions upholding restrictive voter identification laws, making it more difficult to prove violations of the Voting Rights Act, and preventing federal courts from hearing claims of partisan gerrymandering. Some decisions that seem sympathetic to failures of the political process will not really promote representation reinforcement, and the Court’s most recent cases further reinforce the Court’s skepticism of claims of failures of the political …

Threading The Needle In Extreme Partisan Gerrymandering Cases, Michael Gentithes

Cleveland State Law Review

Recent Supreme Court jurisprudence paints a grim picture for future reform to address extreme partisan gerrymandering. The decisions in Rucho v. Common Cause and Moore v. Harper appear to foreclose progress at both the federal and state level. Reformers must neither create unmanageable legal standards for adjudication in federal litigation, nor ask state courts to transgress ordinary bounds of judicial review when interpreting state laws that might address gerrymandering.

But there remains a path forward that focuses on clear and detailed state constitutional mandates to curb gerrymandering practices. Beneath their rhetoric, these decisions support clear legal rules over broader democratic …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Cardozo Law News Brief: November 15, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Andrea Schneider
• Matthew Wansley
• Emmanuel H. Arnaud
• Michel Rosenfeld
• Edward Zelinsky

Campus News:

• Cardozo’s IJC Files Immigration Bond National Class-Action Lawsuit

A Proposal To Rebalance Direct Democracy In The Ohio Constitution, Mark Wagoner

Cleveland State Law Review

On October 27, 2023, Cleveland State Law Review hosted an in-person Symposium to convene academics, legal practitioners, community advocates, and judges for a robust and timely conversation about democracy’s promise and the fight for its future. This Symposium piece will reiterate some of the conversations by panelists discussing the use of law to become Guardians of Justice, the relationship between education and democracy, and the Ohio Constitution as a tool for recapturing the state’s democratic values.

Improper Indeterminate Incarceration: Navigating The Constitutional Quandaries Of The Reagan Tokes Law's Powers And Procedures, Sophie M. Piteo

Cleveland State Law Review

This Article advocates for an amendment to the statutory provisions that make up Ohio’s indefinite sentencing scheme to better protect offender’s constitutional rights. Through an analysis of the Reagan Tokes Law and the Ohio Supreme Court’s ruling in State v. Hacker, this Article traces the evolution of Ohio’s indefinite sentencing framework, which was reinstated in 2019. It contrasts the current scheme with the previously invalidated, but very similar, Bad Time Law, which was struck down in 2000 for violating the separation of powers clause and due process rights. While the Reagan Tokes Law emerged from concerns for public safety …

Direct Democracy: Ohio Style, Steven H. Steinglass, Ernest M. Oleksy

Cleveland State Law Review

This Article is an expansion of comments by Steven H. Steinglass at a Symposium on Democracy sponsored by the Cleveland State Law Review and held on October 27, 2023. The Symposium looked broadly at threats to democracy, but the panel on which he participated focused more narrowly on the Ohio Constitution and Democracy. The Article reviews the history of direct democracy in Ohio with an emphasis on the constitutional initiative. Part I of this Article discusses the historical origins of direct democracy in Ohio and the iconic Ohio Constitutional Convention of 1912 that proposed Ohio’s direct democracy amendment. Particular …

Chevron Deference Is Dead, Long Live Deference, Jack M. Beermann

Faculty Scholarship

The demise of Chevron deference standing alone may turn out to be much less important for the future of administrative law and agency regulation than many believe. The Court explicitly approved of deference under the Skidmore factors, which instruct reviewing courts to “resort for guidance, even on legal questions” to “the interpretations and opinions of the relevant agency, made in pursuance of official duty and based upon specialized experience.”8 Further, the Court had already created numerous limitations to the reach of Chevron deference and, as the Court noted, it had not deferred under Chevron in nearly a decade. Chevron deference …

Something Is Rotten In The State Of Healthcare: Accountability, Affordability, And The Court Of Public Opinion, Isabelle Breier

Duke Law & Technology Review

Many countries worldwide recognize a right to health and provide legal recourse for securing that right. By contrast, for many Americans, there is no legal right or remedy that enables them to access healthcare if they cannot afford it. While there are some statutes and measures in place, such as the Emergency Medical Treatment and Active Labor Act (EMTALA) and Medicaid, coverage remains piecemeal and access to healthcare is not guaranteed. Conditioning people’s access to healthcare upon their ability to pay violates the foundational bioethical principle of justice. In the United States, individuals and advocates use social media to fill …

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT FOR CACHE COUNTY, STATE OF UTAH HONORABLE SPENCER WALSH

ROBERT JANICKI MATTHEW JONES STRONG AND HANNI Counsel for Appellee

PETER R. MIFFLIN – 12595 ROBERT J. DEBRY & ASSOCIATES Counsel for Appellant

Integrating Doctrine And Diversity Speaker Series: Echoes Of Slavery: A Deep Dive Into The Citing Slavery Project 11-6-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

2024 Esther Clark Moot Court Competition 10-28-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Educational Shabbat, Jewish Law Student Association (Jlsa)

2024–2025 Flyers

No abstract provided.

Violations Of Human Rights And Available Remedies Under International Law: The Case Of The United Arab Emirates (Uae), Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International Law Society (Cils)

2024–2025 Flyers

No abstract provided.

Disclosure Of Documents In Private Antitrust Enforcement Litigation, Aleš Galič

Yearbook of Antitrust and Regulatory Studies

Procedural tools aimed at access to information in general, and disclosure of documents in particular, are crucial for the effectiveness of private antitrust enforcement litigation and for facilitating more genuine equality of arms. Currently, profound differences exist among EU Member States’ civil procedure laws concerning disclosure of evidence held by the opponent. The transposition of the litigation disclosure mechanism contained in the Damages Directive will undermine the existing principles of Slovenian civil procedure. However, this is due to the fact that Slovenian law is outdated with regard to evidence disclosure. Not only that, it is also partially based on an …

To Legitimacy And Beyond: A Reform Agenda To Restore Public Confidence In The Federal Courts, Charles Gardner Geyh

Law and Contemporary Problems

No abstract provided.

Public Confidence, Judges, And Politics On And Off The Bench, Bruce A. Green, Rebecca Roiphe

Law and Contemporary Problems

No abstract provided.

Mere Words: The Role Of Bar Organizations In Maintaining Public Support For The Judiciary, Leslie C. Levin

Law and Contemporary Problems

No abstract provided.

Kei Briefing Note 2024:8 The Basic Proposal For The Design Law Treaty (Dlt) And Its Inappropriate Restrictions On Transparency, James Love

Joint PIJIP/TLS Research Paper Series

The World Intellectual Property Organization (WIPO) is holding a diplomatic conference from November 11 to 22, 2024 in Riyadh, Saudi Arabia, to conclude and adopt a Design Law Treaty (DLT). The negotiators will be working from the documents dated May 10, 2024: a thirty-one page “Basic Proposal For The Design Law Treaty” (DLT/DC/3), and a sixteen page “Basic Proposal For The Regulations Under The Design Law Treaty” (DLT/DC/4), both documents submitted by the Director General of WIPO, as well as a nineteen page, “Notes On The Basic Proposal For The Design Law Treaty” (DTL/DC/5), prepared by the WIPO Secretariat.

While …

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Fortney

Law and Contemporary Problems

No abstract provided.

Capital Stack Ut Llc, Appellee V. Gowtham Reddy; Genesis Capital Investments, Llc; Jga Development, Llc; Genesis Opportunity Zone Fund; Shiva Holdings, Llc; And Project 557 First St Development, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County Honorable Patrick Corum

Kennedy D. Nate, Austin C. Nate, Counsel for Appellants

Anna Rubin, Erik A. Christiansen, Alex N. Vandiver, Counsel for Appellee

How The Politics Of Federal Judicial Selection Affect Judicial Diversity And What This Means For Public Confidence In Courts, Matthew E. Baker, Christina L. Boyd, Jennifer Hickey, Adam G. Rutkowski

Law and Contemporary Problems

No abstract provided.

Cardozo’S Ijc Files Immigration Bond National Class Action Lawsuit, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo News 2024

In October, the Kathryn O. Greenberg Immigration Justice Clinic (IJC) filed a lawsuit against Immigration and Customs Enforcement (ICE), alleging that the agency illegally kept more than $300 million in bond payments from tens of thousands of low-income immigrant families and U.S. citizens.

Foreword, Bruce A. Green, Leslie C. Levin

Law and Contemporary Problems

No abstract provided.

Judges And The Regulatory State: Trends Of Resistance And Restraint, Luke P. Norris

Law and Contemporary Problems

No abstract provided.

The Psychology Of Persuasive Precedent, Jeffrey J. Rachlinski, Andrew J. Wistrich

Law and Contemporary Problems

No abstract provided.

Supreme Impropriety? Assessing The Justices' Conduct, Veronica Root Martinez

Law and Contemporary Problems

No abstract provided.