Constitutional Law Commons^™

National Gay Task Force V. Board Of Education Of Oklahoma City, Susan Fitch

Akron Law Review

The National Gay Task Force (NGTF) looked to the courts for relief in challenging an Oklahoma statute which attempted to regulate teachers' speech. National Gay Task Force v. Board of Education of Oklahoma City marks the first time since the beginning of the gay rights movement that the United States Supreme Court has granted certiorari to a case which had homosexuality as its central issue. The result in National Gay Task Force has left both the challengers and the defenders of the Oklahoma statute claiming victory.

The NGTF claims that although the portion of the statute which prohibits teachers from …

Death Row Conditions: Progression Toward Constitutional Protections, Nancy Holland

Akron Law Review

Beginning with recapitulation of the quest for the meaning and scope of the eighth amendment, this comment will review both the evolution of judicial scrutiny and the constitutional limitations of criminal incarceration and will also analyze the narrow body of case law affecting the quality of life on America's death rows.

Constitutional Federalism Revisited: Garcia V. San Antonio Metropolitan Transit Authority, Leslie Ann Iams

Akron Law Review

Constitutional federalism is the basis on which the United States government was created. However, the concept of constitutional federalism has not yet been clearly defined, and as a consequence, conflicting viewpoints on federalism have arisen. These conflicting viewpoints are best illustrated by the law concerning the commerce clause.

With the recent expansion of the commerce clause, the United States Supreme Court was faced with defining constitutional federalism, in order to evaluate the legitimacy of commerce clause legislation. The task of defining constitutional federalism, however, only served to create a dispute over federalism among the Supreme Court Justices. In 1985, the …

Mathew Fraser Sheds His Consititutional Rights To Freedom Of Speech At The Schoolhouse Gates, Karrie M. Kalai

Akron Law Review

The Constitution does not bestow an "unbridled license giving immunity for every possible use of language." The first amendment is not the guardian of unregulated talkativeness. Accordingly, the state's power to control the conduct of children reaches beyond the scope of its authority over adults, and the well-being of children is one subject entirely within the state's constitutional power to regulate. While children clearly have some first amendment rights, these rights differ in important respects from the rights enjoyed by adults. As the Supreme Court noted, "the world of children is not strictly part of the adult realm of free …

Batson V. Kentucky: Can The 'New' Peremptory Challenge Survive The Resurrection Of Strauder V. West Virginia?, Brian Wilson

Akron Law Review

It cannot be denied that our jury selection process has lent itself to invidious racial discrimination in the selection of jurors who ultimately decide the black defendant's guilt or innocence. This practice manifested itself in a line of decisions, beginning with Strauder v. West Virginia. The Strauder Court held that excluding qualified venirepersons on the basis of race violated the fourteenth amendment. However, the Supreme Court's refusal in Swain v. Alabama to subject petit jury peremptory challenges to constitutional scrutiny spawned much criticism from courts and commentators. As a result, the Court in Batson v. Kentucky decided to re-examine …

Freedom Of Speech And The Problem Of The Lawful Harmful Public Reaction: Adult Use Cases Of Renton And Mini Theatres, Charles H. Clarke

Akron Law Review

The constitutional right of freedom of speech protects the speech of adult erotic entertainment. The state, consequently, can not suppress such speech unless it is obscene. This constitutional protection helped to turn adult erotic entertainment into one of the nation's growth industries.

The constitutionally protected speech of adult erotic entertainment includes explicit sex films, nude dancing and erotic books. Various adult land uses sprung up to satisfy an apparent large public demand for this entertainment. Adult film theaters, of course, show filmed reproductions of live sex on a big screen. Some taverns offer nude dancing. Some adult bookstores sell more …

The Free Exercise Of Religion, Arthur J. Goldberg

Akron Law Review

Freedom of speech and of the press, guaranteed by the First Amendment, is today regarded to be our most preferred freedom. Justice Cardozo once said this freedom is the matrix, the indispensable condition of nearly every other freedom.

But, to the Founding Fathers, freedom of religion was regarded to be preeminent among fundamental rights. And for good reasons. The immediate forebearers of the Framers of the Constitution, emigrated primarily because they were denied the right freely to exercise their respective religious beliefs not sanctioned by the established Church of England. The Colonists were religious dissenters. They adamantly insisted upon their …

The Edward's Decision: The End Of Creationism In Our Public Schools?, Juliana S. Moore

Akron Law Review

Although many previous cases addressing this issue have gained national attention perhaps no other issue since the famous Scope's "monkey trial" has raised as much controversy as Louisiana's adoption of the "Creationism Act." Now, one thing is certain; when Susie's dad asks her what she learned in school today, she most certainly won't reply that she learned about creationism in science class. The Supreme Court's recent ruling' has insured that the separation between church and state in our public schools will remain. This casenote attempts to examine that ruling, its relationship to similar cases and its impact in the future …

A Line Drawn By Unsteady Hands: Section 170, Charitable Contributions, And Return Benefits In Hernandez V. C.I.R., David M. Phipps

Akron Law Review

This Note analyzes the majority decision and dissenting opinion in Hernandez, which have far-reaching implications for charitable organizations, taxpayers, and the government. Traditional tax deductions for charitable organizations may be in danger and these organizations may suffer economic difficulty?

Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt

Akron Law Review

This note analyzes the history and precedent upon which the Court relied in reaching Florida Star's "harsh outcome." Next, the note discusses how the Court, by refusing to extend its holding beyond the facts of the case and give broad Constitutional protection to publications of truth, failed to provide lower courts with any guidance in deciding future invasion of privacy actions. Finally, the note examines the Court's balancing test: weighing the privacy interests of a crime victim against the newspaper's freedom to print truthful information.

Stanford V. Kentucky: Did The Court Bite The Constitutional Bullet?, John R. Frank

Akron Law Review

The Court's opinion in Stanford v. Kentucky and the companion case, Wilkins v. Missouri, reflects a fragile consensus among the five justices who affirmed Stanford's and Wilkins' death sentences."' This note explores the Court's holding and its internal conflict over the proper scope of eighth amendment analysis.

Pennsylvania V. Union Gas Company: The Supreme Court Employs The Wrong Means To Reach The Proper End, Christopher A. Brodman

Akron Law Review

This casenote reviews the facts of Union Gas, the history of eleventh amendment jurisprudence, and the purposes of CERCLA. The note critically analyzes the Supreme Court's approach to evading eleventh amendment immunity. Finally, the note contemplates the impact of Union Gas on CERCLA and eleventh amendment law.

Of Flags And Menorahs: The Power Of Individual And Governmental Symbolic Speech, Mark F. Kohler

Akron Law Review

The aim of this article will be to explore the nature of symbolic speech, both individual and governmental. Using Johnson and Allegheny County as a backdrop, four themes will emerge from the article. First, both individuals and government speak and speak powerfully through symbols and symbolic conduct. Second, medium-based regulation of individual speech should receive careful judicial scrutiny. Third, unlike individual symbolic expression, governmental symbolic speech is subject to substantial content-based restrictions. Finally, careful distinctions must be drawn between government-initiated symbolic speech and governmental endorsement of individual symbolic speech.

Wiggins V. State: Receiving A Fair Trial Under The Specter Of Aids, Charles Zamora

Akron Law Review

Wiggins v. State presented two unique issues: (1) whether it was proper to authorize courtroom security personnel to use prophylactic apparel while escorting a defendant merely suspected of having acquired immunodeficiency syndrome (AIDS), and (2) the extent to which this handling procedure impacted the jury.

This Note will analyze the Wiggins decision, emphasizing the court's reasoning as it pertains to the following: (1) the guarantee of a fair and impartial jury trial for defendants either having or being suspected of having AIDS; (2) the permissible exercise of discretion by the trial judge in authorizing precautions during the course of the …

Political Campaign Advertising And The First Amendment: A Structural-Functional Analysis Of Proposed Reform, Rebecca Arbogast

Akron Law Review

The metaphor of the political arena as a marketplace has become all too apt with candidates' increased reliance on 30- and 60-second spot television advertisements produced by consulting firms. This shift in the nature of political discourse as well as the accompanying scramble to raise the money necessary to fund this uniquely expensive form of campaign speech has generated much discontent with the electoral process among politicians and commentators. For instance, the Senate established a sixmember commission to propose reforms regarding media coverage of political campaigns, and the Markle Foundation has funded a study on "the potential role of public …

Drug-Impaired Police Officers/Fire Fighters And The Reasonable Suspicion Standard: Whose Turn It Is To Give Condolences To The Innocent Victim's Family?, Robert G. Remis

Akron Law Review

Part I of this comment will provide a brief overview of the general constitutional concerns of random drug testing. Part II will discuss random drug testing as applied to police officers and fire fighters. Part III will begin by addressing the public/private employer distinction, and the balancing of the conflicting interests. Part III will end by discussing the effects of drugs, the deterrent effect of drug testing programs, and the costs associated with employee drug use.

Arizona V. Roberson: Further Extending The Bright-Line, Ronald Mark Wells

Akron Law Review

This casenote will summarize the case scenario and holding in Arizona v. Roberson. To place Roberson in context, it will then examine the legal history of the fifth amendment right to counsel and will critically analyze Roberson by questioning the necessity of its holding, reviewing the Court's cost/benefit analysis, and examining the dangers of overextending the rule in Edwards. Finally, this casenote will discuss Roberson's potential impact.

United States V. Markham: The Attack On The Drug War Becomes An Attack On The Fourth Amendment, Lee A. Schaffer

Akron Law Review

In United States v. Markham, the United States Court of Appeals for the Sixth Circuit expanded the exception even further when it upheld the validity of a warrantless search of a mobile home parked in a private residential driveway.

This casenote will review the history behind the fourth amendment's warrant requirement and the development of the automobile exception. Next, it will examine the Supreme Court's decision in Carney to evaluate the sixth circuit's application of the automobile exception in Markham, and the court's ruling that a warrantless search and seizure of a motor home parked in the driveway …

Kuhlmeier V. Hazelwood School District: The First Amendment Rights Of Public High School Students, Edward S. Muse

Akron Law Review

In Kuhlmeier v. Hazelwood School District, the Supreme Court held that high school students' first amendment rights were not violated when their principal deleted articles from the school newspaper. The Court stated that the school newspaper was not a "public forum" for expression which normally receives full first amendment protection. The Court further held that the school principal did not violate students' first amendment rights when he restricted the printing of articles due to the effect that they could have on other students.

The Supreme Court's decision will undoubtedly curtail students' rights to free speech and press. This casenote …

Shapero - Direct Mail Clarified, William C. Becker

Akron Law Review

In June, 1988 the Supreme Court handed down a decision which the bar had eagerly awaited. Now, the evolving, slippery subject of lawyer advertising and solicitation has been clarified further. This article examines several cases involving attorney advertising and provides a general overview of acceptable and nonacceptable methods of advertising by direct mail.