State and Local Government Law Commons^™

Education’S Inextricable Ties To Democracy: Brown V. Board Of Education And Its Democratic Aspirations, Kayla Griffin Green

Cleveland State Law Review

On October 27, 2023, Cleveland State Law Review hosted an in-person Symposium to convene academics, legal practitioners, community advocates, and judges for a robust and timely conversation about democracy’s promise and the fight for its future. This Symposium piece will reiterate some of the conversations by panelists discussing the use of law to become Guardians of Justice, the relationship between education and democracy, and the Ohio Constitution as a tool for recapturing the state’s democratic values.

Shadows Of The Crown: The Virtue Of Equilibrium In American Sovereign Immunity, William T. Olmstead

Cleveland State Law Review

Under the doctrine of sovereign immunity, the federal and state governments of the United States cannot be sued or prosecuted unless they voluntarily waive their own impunity. In recent decades, the Supreme Court has expanded the scope of the sovereign immunity of the state governments. This Note argues that such an expansion is a profound and shortsighted mistake. It proposes that the most effective way to balance governmental functionality with civic accountability is to pass and ratify a constitutional amendment that solidifies national sovereign immunity and abolishes state sovereign immunity. It argues that such action is necessary to ensure the …

Custodians Of Civility, Defenders Of Democracy, Guardians Of Justice, Lee Fisher

Cleveland State Law Review

On October 27, 2023, Cleveland State Law Review hosted an in-person Symposium to convene academics, legal practitioners, community advocates, and judges for a robust and timely conversation about democracy’s promise and the fight for its future. This Symposium piece will reiterate some of the conversations by panelists discussing the use of law to become Guardians of Justice, the relationship between education and democracy, and the Ohio Constitution as a tool for recapturing the state’s democratic values.

Democracy & The Ohio Constitution – Recapturing The Innovative Spirit Of The 1912 Ohio Constitutional Convention, Melody J. Stewart

Cleveland State Law Review

On October 27, 2023, Cleveland State Law Review hosted an in-person Symposium to convene academics, legal practitioners, community advocates, and judges for a robust and timely conversation about democracy’s promise and the fight for its future. This Symposium piece will reiterate some of the conversations by panelists discussing the use of law to become Guardians of Justice, the relationship between education and democracy, and the Ohio Constitution as a tool for recapturing the state’s democratic values.

Threading The Needle In Extreme Partisan Gerrymandering Cases, Michael Gentithes

Cleveland State Law Review

Recent Supreme Court jurisprudence paints a grim picture for future reform to address extreme partisan gerrymandering. The decisions in Rucho v. Common Cause and Moore v. Harper appear to foreclose progress at both the federal and state level. Reformers must neither create unmanageable legal standards for adjudication in federal litigation, nor ask state courts to transgress ordinary bounds of judicial review when interpreting state laws that might address gerrymandering.

But there remains a path forward that focuses on clear and detailed state constitutional mandates to curb gerrymandering practices. Beneath their rhetoric, these decisions support clear legal rules over broader democratic …

A Proposal To Rebalance Direct Democracy In The Ohio Constitution, Mark Wagoner

Cleveland State Law Review

On October 27, 2023, Cleveland State Law Review hosted an in-person Symposium to convene academics, legal practitioners, community advocates, and judges for a robust and timely conversation about democracy’s promise and the fight for its future. This Symposium piece will reiterate some of the conversations by panelists discussing the use of law to become Guardians of Justice, the relationship between education and democracy, and the Ohio Constitution as a tool for recapturing the state’s democratic values.

Improper Indeterminate Incarceration: Navigating The Constitutional Quandaries Of The Reagan Tokes Law's Powers And Procedures, Sophie M. Piteo

Cleveland State Law Review

This Article advocates for an amendment to the statutory provisions that make up Ohio’s indefinite sentencing scheme to better protect offender’s constitutional rights. Through an analysis of the Reagan Tokes Law and the Ohio Supreme Court’s ruling in State v. Hacker, this Article traces the evolution of Ohio’s indefinite sentencing framework, which was reinstated in 2019. It contrasts the current scheme with the previously invalidated, but very similar, Bad Time Law, which was struck down in 2000 for violating the separation of powers clause and due process rights. While the Reagan Tokes Law emerged from concerns for public safety …

Direct Democracy: Ohio Style, Steven H. Steinglass, Ernest M. Oleksy

Cleveland State Law Review

This Article is an expansion of comments by Steven H. Steinglass at a Symposium on Democracy sponsored by the Cleveland State Law Review and held on October 27, 2023. The Symposium looked broadly at threats to democracy, but the panel on which he participated focused more narrowly on the Ohio Constitution and Democracy. The Article reviews the history of direct democracy in Ohio with an emphasis on the constitutional initiative. Part I of this Article discusses the historical origins of direct democracy in Ohio and the iconic Ohio Constitutional Convention of 1912 that proposed Ohio’s direct democracy amendment. Particular …

A Fundamental Failing: The Mississippi Judiciary's Abrogation Of Its Constitutional Duty, Brad Robertson

MC Law Review

No abstract provided.

What's Love Got To Do With It? Davis V. Henderson And A Proposed Revision To Mississippi's Termination Of Child Support Standard, Maddie Woodhead

MC Law Review

No abstract provided.

Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie

Northwestern University Law Review

This Note seeks to shed light on the life-threatening danger of extreme heat in un-air-conditioned Texas prisons. The Prison Litigation Reform Act (PLRA) starkly limits the relief available to those suffering and dying in these prisons. This Note proposes an amendment to the legislation that could create a path toward lasting relief for incarcerated people. After analyzing the effects of increasing heat on the particularly vulnerable prison population, this Note analyzes how the Supreme Court and the Fifth Circuit have handled claims alleging constitutionally violative prison conditions under the Eighth Amendment—in short, ineffectively, if at all. This Note then details …

Comity & Federalism In Extraterritorial Abortion Regulation, Jensen Lillquist

Michigan Journal of Gender & Law

On June 24, 2022, the Supreme Court decided Dobbs v. Jackson Women’s Health Organization and held that states may regulate abortion in whatever manner they wish. In the wake of Dobbs, commentators and laypersons have focused primarily on its implications for reproductive rights and other fundamental rights—such as gay marriage. Less often discussed are the questions that arise regarding state extraterritorial jurisdiction. Since Dobbs, a patchwork of laws has developed: pro-life states have placed greater restrictions on abortion, while pro-choice states have sought to expand abortion access. Questions have arisen regarding whether and to what extent states may regulate the …

Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr.

Touro Law Review

With governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems …

Burglary At Wal-Mart: Innovative Prosecutions Of Banned Shoplifters Under Tennessee Code Annotated Section 39-14-402, Jonathan Harwell

Tennessee Journal of Law and Policy

No abstract provided.

Changemaker: Maureen Wagner Vinson: Juris Doctor: Bringing Election Law To Students 10-31-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Appendix: Transcript Of Video Legislative History Of Public Chapter No. 4981

Tennessee Journal of Law and Policy

House Bill 1358 (April 12, 2011) - House Judiciary Subcommittee

Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon

Tennessee Journal of Law and Policy

No abstract provided.

Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shectman

Tennessee Journal of Law and Policy

No abstract provided.

In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl, The Supreme Court Of Tennessee

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 1: Tennessee Supreme Court Rule 40a, Elizabeth Sykes, Lucie Brackin, Jennifer Evans Williams

Tennessee Journal of Law and Policy

No abstract provided.