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Articles 1 - 10 of 10
Full-Text Articles in Law
Parens Patriae, Punishment, And Pandemics: The State’S Responsibility For Incarcerated Persons During A Public Health Emergency, Meredith Harrell
Parens Patriae, Punishment, And Pandemics: The State’S Responsibility For Incarcerated Persons During A Public Health Emergency, Meredith Harrell
Journal of Law and Health
This article looks at the nation’s response to the COVID-19 pandemic since March 2020 and explores the commonalities and differences of states’ actions to protect their citizens, especially the most vulnerable populations. The article discusses the government’s obligations to jailees and prisoners during the COVID-19 pandemic and how incarcerated persons have been consistently failed by the institutions that are required to protect them. The article examines possible remedies for these governmental and institutional failings under the Eighth Amendment and § 1983 civil rights claims. Ultimately the article proposes that monetary damages would provide relief to incarcerated individuals and their families …
Masterpiece Cakeshop'S Homiletics, Marc Spindelman
Masterpiece Cakeshop'S Homiletics, Marc Spindelman
Cleveland State Law Review
Viewed closely and comprehensively, Masterpiece Cakeshop, far from simply being the narrow, shallow, and modest decision many have taken it to be, is a rich, multi-faceted decision that cleaves and binds the parties to the case, carefully managing conflictual crisis. Through a ruling for a faithful custom-wedding-cake baker against a state whose legal processes are held to have been marred by anti-religious bias, the Court unfolds a cross-cutting array of constitutional wins and losses for cultural conservatives and traditional moralists, on the one hand, and for lesbians and gay men and their supporters committed to civil and equal rights, …
“Something Wicked This Way Comes”: Political Correctness And The Reincarnation Of Chairman Mao, David Barnhizer
“Something Wicked This Way Comes”: Political Correctness And The Reincarnation Of Chairman Mao, David Barnhizer
David Barnhizer
Mao’s Red Guards and the “Wicked Wisdom” of Lesley Gore There could not possibly be any parallel between the actions of Mao Tse Tung’s young Red Guard zealots and the intensifying demands of identity groups that all people must conform to their version of approved linguistic expression or in effect be condemned as “reactionaries” and “counter-revolutionaries” who are clearly “on the wrong side of history”. Nor, in demanding that they be allowed to effectively take over the university and its curriculum while staffing faculty and administrative positions with people who think like them while others are subjected to “re-education” sessions …
Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker
Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker
Law Faculty Articles and Essays
This article examines the events of 9/11, and the potential resultant shifts in attitude, policies, and laws in the United States, through the lens of civil rights extended to gay and lesbian citizens. It seeks, but does not purport to definitively discover, the true meaning of the phrase "life will never be the same." It asks, but does not purport to fully answer, whether historians a century or two hence will look back on 9/11 as the turning point when the United States began to fulfill its promise of liberty to all people, or whether this date will be earmarked …
America's Counterrevolution - Unlearned Lessons, Nathaniel R. Jones
America's Counterrevolution - Unlearned Lessons, Nathaniel R. Jones
Cleveland State Law Review
"America's Counterrevolution - Unlearned Lessons" is about America's social revolution -which saw this nation change from a state that constitutionally sanctioned human degradation in the form of slavery and segregation, into one that enshrined in its basic charter human rights and guarantees of equality before the law for all persons. The revolution, in what Justice Marshall calls our "system of constitutional government", made our legal system the wonder of the world, which others constantly seek to emulate. In order to understand what is required of Americans as they find themselves in this counterrevolutionary period with respect to civil rights, there …
An Overview Of Fair Housing, Kenneth J. Kowalski
An Overview Of Fair Housing, Kenneth J. Kowalski
Law Faculty Articles and Essays
The purpose of this article is to give an overview of federal fair housing laws and their impact on the real estate industry. This article limits its review to three principle federal statutes affecting equal-housing opportunities: Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. (hereinafter cited as the "Act" or "Title VIII") and the 1866 and 1870 Civil Rights Act, 42 U.S.C. §§1981, 1982 (respectively "section 1981" and "section 1982"). A review of the substantive provisions of the statutes, methods of enforcement, and judicial interpretations are included. The article also discusses specific evidentiary issues, …
Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy
Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy
Cleveland State Law Review
This note will focus upon three basic issues raised by the redlining controversy: first, whether or not redlining is in fact occurring; second, the role of government through legislation and regulatory agencies; third, emerging areas of litigation.
Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick
Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick
Cleveland State Law Review
This article will discuss the question of whether third parties may bring an action for damages against those who deprive another of his civil rights. The related question, resulting from the second cause of action in the Napolitano case, of whether one may recover for the mental anguish caused by the denial of another's civil rights will also be considered. Although the question is concerned with damage actions, cases in which injunctive relief was asked are helpful in studying the principle involved. Relief has been granted in these cases much more readily than in damage actions, possibly because the equitable …
Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley
Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley
Cleveland State Law Review
To what extent do voluntary non-profit associations have the right (a) to deny admission to membership, and (b) to expel existing members? Space does not permit discussion of all the ramifications of these two questions and some limitation of scope becomes necessary. The theme selected has been the "civil rights" aspect of the problem; more specifically, the right, in certain areas, to be protected against racial and religious discrimination, and the privilege to exercise the ordinary rights of citizenship, such as the right of free speech, of petition, of voting, of resort to the courts, and to employment.
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Cleveland State Law Review
Mental illness is principally a medical problem, but there are basic legal considerations to be observed, and these considerations should not be impatiently brushed aside as "mere technicalities" of legal procedure. On the other hand, legal provisions relating to hospitalization of mental patients should be viewed by legislators, lawyers, and judicial officials as mechanism for prompt and effective care and treatment, for safeguarding civil rights, and for protecting the community. All these aspects are important and undue concern for one aspect should not work to the detriment of the others. Moreover, in actual practice, no legal provision should defeat the …