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Articles 1441 - 1470 of 2715

Full-Text Articles in Constitutional Law

An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin Jan 2004

An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin

Cleveland State Law Review

Race was a central issue in Ohio from the very beginning. The original state constitution of 1802 and the successor constitution of 1851 explicitly limited suffrage to whites even as both documents forbade slavery. Moreover, the legislature imposed various legal disabilities and restrictions on African Americans. For much of the Nineteenth Century, however, the Ohio Supreme Court tried to narrow the scope of those restrictions by developing a distinctive jurisprudence that was in some respects more progressive, and in general less obnoxious, than that developed in other states and by the U.S. Supreme Court. Before the end of the century, …

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Ohio Joins The New Judicial Federalism Movement: A Little To-Ing And A Little Fro-Ing , Marianna Brown Bettman Jan 2004

Ohio Joins The New Judicial Federalism Movement: A Little To-Ing And A Little Fro-Ing , Marianna Brown Bettman

Cleveland State Law Review

Bettman analyzes Ohio Supreme Court decisions construing the Speech, Press, Search and Seizure, Free Exercise, and Establishment Clause analogues of the Ohio Constitution. Here in Ohio, she concludes, New Judicial Federalism remains in its infancy. The Ohio Supreme Court is still struggling with the fundamentals of state constitutional interpretation. It remains heavily dependant on federal methodology when construing analogous provisions of the state constitution. Bettman gives us the unique perspective of a law professor who previously served as an Ohio appellate court judge. This perspective sensitizes her to the current political make-up of the Ohio Supreme Court. Today's court, she …

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Recalibrating Justiciability In Ohio Courts, Michael E. Solimine Jan 2004

Recalibrating Justiciability In Ohio Courts, Michael E. Solimine

Cleveland State Law Review

The term "separation of powers" does not appear in either the United States or Ohio Constitutions, but the concept has important implications for the adjudication of rights under both documents. In federal courts, litigants must possess certain characteristics, summarized under the rubric of "standing," to pursue such cases. To have standing, litigants traditionally must have suffered a concrete and ripe injury that was the result of the allegedly unlawful conduct. And even when those criteria are satisfied, cases that call for "political questions" to be resolved can be dismissed by federal judges. These limits to federal court authority are drawn …

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Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson Jan 2004

Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson

UIC Law Review

No abstract provided.

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Judicial Independence In Virginia, W. Hamilton Bryson Jan 2004

Judicial Independence In Virginia, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.

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Charitable State Registration And The Dormant Commerce Clause, Charles Nave Jan 2004

Charitable State Registration And The Dormant Commerce Clause, Charles Nave

William Mitchell Law Review

Charitable solicitation in the U.S. is regulated by “the several States.” For most of the nation's history, charities tended to be local endeavors, raising money and providing relief in their immediate vicinities. In the latter half of the twentieth century, charities increasingly grew beyond these local origins as new technologies enabled even the smallest charities to develop a national reach with direct mail and telemarketing campaigns. Nevertheless, primary authority for regulating charitable solicitations remained with the states.

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A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson Jan 2004

A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson

William Mitchell Law Review

Tribal court dockets across the country have been growing steadily, and tribal courts are becoming an important part of the judicial fabric of the United States. To acknowledge this reality, state courts and legislatures across the United States have begun to address the important issues of how and whether to recognize tribal court judgments in state courts. The Minnesota Supreme Court adopted a rule that took effect in January of 2004 that provides guidelines for the recognition and enforcement of tribal court orders and judgments. The Minnesota Supreme Court Rule on the Recognition and Enforcement of Tribal Court Orders and …

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Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill Jan 2004

Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill

Law Faculty Articles and Essays

This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference. …

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State Constitutional Law, New Judicial Federalism, And The Rehnquist Court , Shirley S. Abrahamson Jan 2004

State Constitutional Law, New Judicial Federalism, And The Rehnquist Court , Shirley S. Abrahamson

Cleveland State Law Review

Today, I believe, we find ourselves at an interesting crossroads. Over the past few decades, under the banner of new judicial federalism, many state courts have asserted a role for state constitutions in the protection of individual liberties and the resolution of legal disputes. This outburst of state constitutional fervor, however, has been met with great criticism from different camps, all believing that the uniformity provided by our federal constitution as interpreted by the U.S. Supreme Court should guide state court decisions and especially state constitutional interpretation. At the same time, the very ability of state courts to decide state …

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The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams Jan 2004

The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams

Cleveland State Law Review

There are a number of tentative conclusions that may be reached based on this selective analysis of the Ohio Supreme Court's first decade of experience with the New Judicial Federalism. First, the court is to be commended for taking the first steps toward recognizing the Ohio Constitution as a document of independent political and legal force. The Arnold decision, together with the others discussed in this article, serve to alert the lower bench, the bar, the media, and students and professors to the potential contained within state constitutions. Next, to the extent that there is inconsistency to be detected in …

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Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven Jan 2004

Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven

Cleveland State Law Review

This article will examine municipal ordinances criminalizing the emission of sound from car stereo systems in excess of proscribed limits, including the methods adopted to measure offending sound and the penalties imposed for violations, the Ohio (and certain non-Ohio) cases which have challenged the constitutionality of such ordinances, and certain constitutional aspects of such ordinances and their enforcement which have yet to be addressed.

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The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin Francis O'Neill Jan 2004

The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin Francis O'Neill

Cleveland State Law Review

This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of-our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference. In …

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Separation Of Powers In Ohio: A Critical Analysis, Curtis Rodebush Jan 2004

Separation Of Powers In Ohio: A Critical Analysis, Curtis Rodebush

Cleveland State Law Review

The goal of this Article is to provide a basic framework from which to begin a separation of powers analysis under the Ohio Constitution. In addition, this Article offers some insights into how a separation of powers controversy should be dissected and suggests some directions that Ohio courts should take in the future. Part I of this Article presents useful background information on the separation of powers doctrine, including its origin, its treatment in the Ohio Constitution, predominant theories of analysis, and relevant Ohio cases. Part II (A) hypothesizes a general approach with which to begin a separation of powers …

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Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade Jan 2004

Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade

Cleveland State Law Review

This article looks at the one-subject rule's history and significant jurisprudence with particular note of any rules that can be determined. Next, we address the court's use of the rule in the controversial case of State ex rel. Ohio Academy of Trial Lawyers v. Sheward. Finally, we look at Amended Substitute Senate Bill No. 281-recently passed by the Ohio General Assembly-to determine if it will pass one-subject muster under recent jurisprudence.

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Constitutional Common School, Molly O'Brien, Amanda Woodrum Jan 2004

Constitutional Common School, Molly O'Brien, Amanda Woodrum

Cleveland State Law Review

In this paper we turn to historical evidence as a beginning point for understanding the constitutional vision and values of the "thorough and efficient system of common schools" mandated by Article VI, Section 2 of the Ohio Constitution. In Part II, we consider the early development of public schooling in America and the complex relationship between public education and religion. The inclusion of the educational provisions in the Constitution of 1851 represented a victory for the advocates of a non-sectarian, state operated system of schools that would encourage civic participation and avoid religious indoctrination In Part II, we address efforts …

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Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly Jan 2004

Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly

Cleveland State Law Review

This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …

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Commentary On Legislative Educational Reform, Governor Mike Huckabee Jan 2004

Commentary On Legislative Educational Reform, Governor Mike Huckabee

University of Arkansas at Little Rock Law Review

No abstract provided.

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Ohio Constitutional Interpretation, Richard B. Saphire Jan 2004

Ohio Constitutional Interpretation, Richard B. Saphire

Cleveland State Law Review

Saphire provides a detailed review and critique of the Ohio Supreme Court's interpretive methodology since 1984. This examination, superb in itself, is rendered all the more valuable by Saphire's inclusion of two other discussions - one placing the Ohio experience in a larger historical context, the other probing the legitimacy and limits of New Judicial Federalism. Saphire concludes that the Ohio Supreme Court's commitment to state constitutional independence has been marked by inconsistency and ambivalence. This trend will continue, he suggests, until the court develops and articulates a theory of Ohio constitutional interpretation - something that it has so far …

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Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook Jan 2004

Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook

University of Michigan Journal of Law Reform

This Note discusses various ways to bring the United States into better compliance with the 1963 Vienna Convention on Consular Relations The introduction to this Note discusses how violations of the Vienna Convention are currently treated in the United States. In particular, the introduction discusses the unsuccessful attempts to prevent the execution of Karl and Walter LaGrand, two German nationals sentenced to death in Arizona. The LaGrands were convicted after a violation of their rights under the Vienna Convention because they were not informed without delay of their right to consular notification and assistance. In later appeals, United States courts …

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Structuring The Political Process Under American State Constitutions, James A. Gardner Jan 2004

Structuring The Political Process Under American State Constitutions, James A. Gardner

Other Scholarship

No abstract provided.

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Sustainable Energy, Environmental Policy, And States' Rights: Discerning The Energy Future Through The Eye Of The Dormant Commerce Clause, Steven Ferrey Jan 2004

Sustainable Energy, Environmental Policy, And States' Rights: Discerning The Energy Future Through The Eye Of The Dormant Commerce Clause, Steven Ferrey

Suffolk University Law School Faculty Works

This article analyzes the various regulatory incentives for renewable energy development in the various states, and their possible Constitutional shortcomings. Almost half the states have enacted renewable portfolio standards, which create monetized renewable energy credits that are tradable credits for sustainable energy development compliance. About one-third of the states have developed system benefit charges and renewable trust funds to subsidize selected renewable energy projects. Each of these states have defined differently what is a qualifying renewable energy project. Some of the states, to further in-state interests, have established programs that impermissibly violate the Commerce Clause of the Constitution. Others come …

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Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko Dec 2003

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.

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Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan Aug 2003

Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan

ExpressO

The State Blaine Amendments are provisions in thirty-seven state constitutions that restrict persons’ and organizations’ access to public benefits on religious grounds. They arose largely in the mid- to late-1800s in response to bitter strife between an established Protestant majority and a growing Catholic minority that sought equal access to public funding for Catholic schools. After the failure to pass a federal constitutional amendment—the "Blaine Amendment"—that would have sealed off public school funds from "sectarian" institutions, similar provisions proliferated in state constitutions. These "State Blaines" have often been interpreted, under their plain terms, as erecting religion-sensitive barriers to the flow …

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State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner Jun 2003

State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner

Journal Articles

In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …

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A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr. Mar 2003

A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr.

University of the District of Columbia Law Review

No abstract provided.

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The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover Jan 2003

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover

UIC Law Review

No abstract provided.

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Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman Jan 2003

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.

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Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip?, Andrew C. Spiropoulos Jan 2003

Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip?, Andrew C. Spiropoulos

Oklahoma Law Review

No abstract provided.

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The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr. Jan 2003

The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.

William Mitchell Law Review

Mitchell's presence graced the Minnesota Supreme Court for nearly nineteen years, from 1881 to 1900. His output was prodigious. He produced nearly 1600 judicial opinions. It has been estimated “that excluding Sundays, and allowing a month in each year for vacation, Judge Mitchell wrote one opinion in every three days for nineteen years.” Indeed, “[i]n point of numbers, his opinions exceed those of any other justice of the Supreme Court of his state, or the nation.” It is one aspect, perhaps the central aspect, the unifying theme of this prolific body of work, that is the focus of this essay: …

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The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin Jan 2003

The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin

William Mitchell Law Review

There are several varieties of the “originalist” school of constitutional thought, but all subscribe in one degree or another to the belief that a constitutional clause should be interpreted according to its original meaning or the original intent of its authors. That original understanding or intent can be discerned from the text of the clause, the history of its drafting and ratification and, sometimes, early practices and court decisions interpreting that clause. It rightly has been called a “grand theory” because it is simple and clear, explains so much, and it has the almost irresistible attraction of being anchored firmly …

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