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Full-Text Articles in Law
The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles
The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles
Cleveland State Law Review
This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical …
Legislative Reform Or Legalized Theft?: Why Civil Asset Forfeiture Must Be Outlawed In Ohio, Alex Haller
Legislative Reform Or Legalized Theft?: Why Civil Asset Forfeiture Must Be Outlawed In Ohio, Alex Haller
Cleveland State Law Review
Civil asset forfeiture is a legal method for law enforcement to deprive United States citizens of their personal property with little hope for its return. With varying degrees of legal protection at the state level, Ohio legislators must encourage national policy reform by outlawing civil asset forfeiture in Ohio. Ohio Revised Code Section 2981.05 should be amended to outlaw civil asset forfeiture by requiring a criminal conviction prior to allowing the seizure of an individual’s property. This Note proposes two plans of action that will restore Ohio resident’s property rights back to those originally afforded in the United States Constitution.
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Cleveland State Law Review
This article will explore due process as an effective tool for the management of schools and prisons through a close scrutiny of the fourteenth amendment. The authors will attempt to identify emerging trends in case law and give special attention to Bell v. Wolfish, which may point to a new direction in due process analysis under the Burger Court. The purpose of this article is to propose radical reform of schools and prisons through the involvement of their populations and staffs in the rule-making process. Spawned by a firm belief that only through such democratic processes can the violence and …