Constitutional Law Commons^™

Katz In The Era Of Mobile Computing: How Society's Changing Expectations Of Privacy Impact The Law, Michael B. Fusco

Student Works

No abstract provided.

The Supremes On Religion: How Do The Justices’ Religious Beliefs Influence Their Legal Opinions?, Leah R. Glasofer

Student Works

No abstract provided.

Modern Application Of The Right Of Publicity To Virtual Avatars, Elina Slavin

Student Works

No abstract provided.

What Would The Delegates Talk About - A Rough Agenda For A Constitutional Convention, Darien Shanske

UC Law Constitutional Quarterly

This short Article outlines a possible agenda for a California Constitutional Convention. The goal is not to achieve originality in the substance of each proposal so much as to propose reasonable compromises that might ameliorate California's chronic fiscal woes. At the moment, the prospects for such a convention have dimmed considerably, but the compromises outlined below could still be reached through legislative action and/or voter referenda. The proposals, in brief, are:

Proposal 1: More Local Control and Likely Greater Resources, but Accepting More Disparity in Resources; Proposal 2: Split the Property Tax Roll and Impose (Gradually) a Statewide Tax on …

Judicial Independence And Accountability In An Age Of Unconstitutional Constitutional Amendments, Teresa Stanton Collett

Loyola University Chicago Law Journal

No abstract provided.

An Analysis Of South Africa’S Mental Health Legislation, Natalie Latoya Mccrea

Legal Writing Competition Winners

If one were to measure a society’s health by its historical environment, then something can indeed be said of South Africa. This nation is known for its long abhorrent history with apartheid entrenched with a political and human rights struggle. In 1995, the world witnessed the evisceration of apartheid and the birth of a new democratic South Africa. In light of the struggle endured by a visible portion of the South African population, a question asked is, what about the forgotten and somewhat invisible individuals, those who suffer with mental illness. The purpose ­of this work is to discuss South …

Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst

Cleveland State Law Review

The author contends that the doctrine of forfeiture of the right to assistance of counsel as a sanction for misconduct by a defendant towards the court or his counsel has no constitutional support in the principles that have defined the Sixth Amendment, is arbitrary in its application within the judicial system, and has become a refuge for courts, which have inadequately complied with established principles to protect fundamental rights.

Intended And Unintended Consequences: The 2006 Fair Minimum Wage Amendment Of The Ohio Constitution , Jason R. Bristol, Ashley A. Weaver, Thomas A. Downie

Cleveland State Law Review

This Article first provides a brief overview of federal and Ohio minimum wage law. The Article then examines the text of the 2006 Amendment. The third section delves into the provisions of HB 690 and the differences between HB 690 and the Amendment. The final section explores litigation issues arising from these differences.

The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason

Cleveland State Law Review

In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.

Between Starvation And Globalization: Realizing The Right To Food In India, Lauren Birchfield, Jessica Corsi

Michigan Journal of International Law

This Article evaluates People's Union for Civil Liberties v. Union of India & Others (PUCL) through multiple lenses, examining: (1) the necessary factors that contributed to the success of the Public Interest Litigation (PIL) and its enforcement and (2) both the implications and limitations of PUCL as it relates to India's larger economic policy framework. We argue that the development and success of the PUCL litigation have depended in part on provisions of the Indian Constitution amenable to the incorporation and promotion of economic and social rights as well as on a unique relationship between civil society and judicial institutions. …

Originalism, John Marshall, And The Necessary And Proper Clause: Resurrecting The Jurisprudence Of Alexander Addison, Patrick J. Charles

Cleveland State Law Review

However, to give Marshall full credit for the “choice of means” doctrine is unfair, he was not the first to lay claim to the doctrine when interpreting the Necessary and Proper Clause. Indeed, the philosophical and legal influences of John Marshall have been the speculation of scholarly discourse for some time. For instance, many legal commentators and historians have attributed the influence of Marshall's opinions to being a strong Federalist because many of his opinions echo the Federalist interpretation of the Constitution. However, Marshall's opinions were also influenced by factors that sometimes conflicted with Federalist thought. This Article does not …

Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N'Cobra) And Its Antecedents, Adjoa A. Aiyetoro, Adrienne D. Davis

Law Faculty Scholarship

Most of the legal scholarship on reparations for Blacks in America focuses on its legal or political viability. This literature has considered both procedural obstacles, such as statutes of limitations and sovereign immunity, as well as the substantive conception of a defensible cause of action. Indeed, Congressman John Conyers introduced H.R. 40, a bill to study reparations, in 1989 and every Congressional session since, and there have been three law suits that have received national attention. This Essay takes a different approach, considering reparations as a social movement with a rich and under-explored history. As Robin Kelley explains, such an …

Executive Activism Not Reciprocated With Judicial Activism: Wyeth V. Levine And Cuomo V. Clearing House Return Preemption To The Legislative Branch, Anthony C. Coveny, Shelly A. Sanford

St. Thomas Law Review

The Supreme Court has taken a strong stand on the preemption issue, with both liberal and conservative justices agreeing to return preemptive authority to Congress. In short, the Supreme Court has properly refused to reward Executive activism with Judicial activism. This article discusses the theoretical foundation of preemption; the requirement of clear Congressional intent; recent Executive Branch attempts to push preemption vis-d-vis agency regulation; the Supreme Court's refusal to reward Executive activism with Judicial activism in Wyeth v. Levine and Cuomo v. Clearing House Ass'n, L.L. C.; and the preemption landscape as it exists in 2009 going forward.

Poison Pens, Intimidating Icons, And Worrisome Websites: Off-Campus Student Speech That Challenges Both Campus Safety And First Amendment Jurisprudence, Kathy Luttrell Garcia

St. Thomas Law Review

As the line between off-campus and on-campus student speech is increasingly blurred by the internet, educators and courts alike are struggling to determine the limits of school authority to restrict student speech that originates off-campus but is directed toward an on-campus audience. Although students retain their First-Amendment-protected rights of free speech and expression on school campuses during school hours, these rights are subject to exceptions. These exceptions are constitutionally permissible, even where the speech could not be restricted off campus, because "student First Amendment rights are 'applied in light of the special characteristics of the school environment." Because of these …

A Matter Of Conscience: United States V. Seeger And The Supreme Court's Historical Failure To Define Conscientious Objector Status Under The First Amendment, Claire Marblestone

UC Law Constitutional Quarterly

This Note will explore the Supreme Court's 1965 decision addressing conscientious objectors, United States v. Seeger. The Note will argue that the Court should have addressed the First Amendment and Due Process questions presented in Seeger. In the days leading up to the decision, three Supreme Court Justices circulated dissenting and concurring opinions which addressed the constitutional questions before the Court. I will argue that the traditional reasons for invoking the doctrine of constitutional avoidance did not justify issuing a weak test for lower courts and administrative agencies to administer. I will also attempt to explain why the Justices decided …

Elena Kagan Can't Say That: The Sorry State Of Political Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Coercing Voluntariness, Wadie E. Said

Indiana Law Journal

No abstract provided.

Introduction: Reproductive Rights, Human Rights, And The Human Right To Health, B. Jessie Hill

Faculty Publications

Introduction - Case Western Reserve University Law Review Symposium 2010: Reproductive Rights, Human Rights, and the Human Right to Health

Supreme Court Voting Behavior: 2007 Term, Richard G. Wilkins, Scott Worthington, Elisabeth Liljenquist, Adam Pomeroy

UC Law Constitutional Quarterly

This Study, the twenty-second in a series, tabulates and analyzes the voting behavior of the United States Supreme Court during the 2007 Term. The analysis is designed to measure whether individual Justices and the Court as a whole are voting more "conservatively," more "liberally," or about the same when compared with past Terms. This Study attempts to remove this subjectivity by applying the following consistent classification scheme to ten categories of cases across time: "conservative" votes are those that favor an assertion of governmental power, while "liberal" votes are those that favor a claim of individual liberty.

The voting patterns …

The Guarantee Clause In The States: Structural Protections For Minority Rights And Necessary Limits On The Initiative Power, Anya J. Stein

UC Law Constitutional Quarterly

This Note discusses the constitutional significance of the Guarantee Clause of Article IV, Section 4, which states that "[t]he United States shall guarantee to every State in this Union, a Republican Form of Government." For decades, the United States Supreme Court has held that the Guarantee Clause presents a nonjusticiable political question in the federal courts. Notwithstanding this federal doctrine, the Guarantee Clause remains justiciable in the state courts.

State ballot initiatives are vulnerable to uses that violate the Guarantee Clause's protection of the republican form of government. This Note presents a three-part argument. First, the Guarantee Clause provides critical …