Capital University Law Review
- Capital University
- Publication date:
- Nbr. 46-3, June 2018
- Nbr. 46-2, March 2018
- Nbr. 46-1, January 2018
- Nbr. 45-4, December 2017
- Nbr. 45-3, June 2017
- Nbr. 45-2, March 2017
- Nbr. 45-1, January 2017
- Nbr. 44-4, December 2016
- Nbr. 44-3, June 2016
- Nbr. 44-2, March 2016
- Nbr. 44-1, January 2016
- Nbr. 43-4, December 2015
- Nbr. 43-3, June 2015
- Nbr. 43-2, March 2015
- Nbr. 43-1, January 2015
- Nbr. 42-2, March 2014
- Nbr. 42-1, January 2014
- Nbr. 41-4, December 2013
- Nbr. 41-3, June 2013
- Nbr. 41-2, March 2013
- Flickering Lights on a Hill: The Decline in the Importance of the Right of Religious Conscience and its Implications
Today, we face a major conflict between nondiscrimination or equality norms, particularly regarding the LGBTQ community, and the right of conscience of a minority, who cling to their religious views regarding the nature of marriage and sexuality. That conflict presents important legal, political, and personal issues that may be resolved through the finality of litigation or by the compromise that can attend the legislative process, including exemptions for the right of conscience.
- How Zivotofsky II and the Conservative Divide over the Foreign Affairs Power could Impact the Trump Administration
While the scope of the foreign affairs power is critical regardless of who is President, Zivotofsky II's claim of an exclusive presidential power, and especially one in the field of foreign affairs, becomes even more critical in light of a Trump presidency. The election of Donald Trump as President of the United States and the replacement of Justice Scalia with Justice Neil Gorsuch makes Zivotofsky II a case of critical importance for the foreign affairs power, separation of powers, and our constitiutional "equilibrium.
- The Constitutionality of School Prayer: Or why Engel v. Vitale may have had it Right all Along
Political and opinion leaders continue to effectively use the ban on school prayer to galvanize political opposition to the Supreme Court and to what is perceived as an overly secularized society. The religious right, a movement that owes its existence, at least in part, to the public reaction against school prayer decisions, remains a potent political force. Public-school prayer continues to be routiney practiced in some areas of the counrty. This Article reexamines the constitutional foundations of the School Prayer decisions.
- Wilson v. Lynch: Medical marijuana and the Second Amendment Coming to a Circuit Near You
Second Amendment firearm provisions, as applied to medical marijuana patients, categorically fails to limit either drug violence or crime and, as such, it should be struck down as an overly broad infringement on the Second Amendment rights of medicinal marijuana prescription holders.
- A Public Concern: The Effect of Ohio's Confidential Law Enforcement Investigatory Exception on Public-Records Requests of Police Body Camera Footage
Over the past few years, police shootings across the country have raised numerous questions regarding law enforcement's use of deadly force. The recent epidemic of fatal shootings by police officers has brought police-worn body cameras (PWBCs) to the forefront of public policy discussions around the nation. However, various issues have come about regarding what can be done with this footage. The key question for states is, "Under what circumstances should footage from police body and dashboard cameras be made public, and how much?
- Sullivan Lecture 2016 Engel: Divisiveness or Coercion?A response to Professor Marshall
A look at how well current and proposed establishment clause paradigms perform; a response to Professor Marshall from the 2016 Sullivan Lecture organized and hosted by the Volume 45 Capital University Law Review.
- My Grandmother was Mrs. Palsgraf: Ways to Rethink Legal Education to Help Students Become Lawyers, Rather than just Thinking Like Them
Instead of simply teaching law students how to think like lawyers, this article gives vaious concepts and ideas on how law schools can turn law students into well-qualified practicing attorneys.
- One Not Like the Other: An Examination of the Use of the Affirmative Action Analogy in Reasonable Accommodation Cases Under The Americans with Disabilities Act
At the heart of The Americans with Disabilities Act, employers must provide "reasonable accomodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee." What "reasonable accomodations" entails has been the subject of great debate from court-to-court throughout the United States.
- Chesapeake Exploration, LLC v. Buell: A Flawed Decision
The Ohio Dormant Mineral Act (DMA) has caused numerous headaches over the past years as the statute is interpreted for landowners whose mineral rights were severed from their land. In Chesapeake Exploration, LLC v. Buell, the Ohio Supreme Court attempted to provide some clarity to the DMA, but this interpretation is completely flawed of the Ohio General Assembly's legislative intent because the Court fails to recognize that when adopting the statute, the Ohio legislature did not include the word "lease" as one of the listed title transactions despite it being included in the model statute.
- Is Discrimination just Another Tort?: A Discussion of Ohio's Attempt to Tortify Employment Discrimination
The 2011 decision in Luri v. Republic Services, Inc., by the Eighth District Court of Appeals for Cuyahoga County, Ohio, was wrongfully decided because the Court failed to acknowledge that Ohio's discrimination statute is not a tort action under the Ohio Tort Reform Act; therefore, the damage caps set out in the Ohio Tort Reform Act do not apply to Ohio discrimination claims.
- Certifying Identity
- Flores v. United States Citizenship and Immigration Services: Clearing the Way to Admission for Temporary Protected Status Beneficiaries
A Temporary Protected Status beneficiary must have an independent basis to apply for a green card, such as being married to a U.S. citizen; the significance of Flores can potentially effect more than 300,000 Temporary Protected Status recipients who are present in the United States, primarily the...
- The Patriot Act and Crisis Legislation: The Unintended Consequences of Disaster Lawmaking
The fear inspired by disaster and tragedy has frequently produced overreactions at watershed moments in American history. This Article argues that these recurring spasms of fearful congressional overreaction should be properly labeled as “crisis legislation.” Most instances of crisis legislation...
- The Psychological and Emotional Ties That Bind Biological and Adoptive Families: Whether Court-Ordered Postadoption Contact Is in an Adopted Child's Best Interest
- To End Gerrymandering: The Canadian Model for Reforming the Congressional Redistricting Process in the United States
- The Real Impact of Adoptive Couple v. Baby Girl: The Existing Indian Family Doctrine Is Not Affirmed, but the Future of the ICWA's Placement Preferences Is Jeopardized
- Regulate/Mandate: Two Perspectives
- Drones and Jones: Rethinking Curtilage Flyover in Light of the Revived Fourth Amendment Trespass Doctrine
- When the Shale Gale Hit Ohio: The Failures of the Dormant Mineral Act, its Heroic Interpretations, and Grave Choices Facing the Supreme Court
Ohio’s Seventh District Court of Appeals recently attempted to remedy the ODMA’s ambiguities. The appellate court, however, may not have the final word on the matter. The Ohio Supreme Court will review a number of issues in the coming year, and there are still others which may ultimately need to be ...
- Section 831(b) Captive Insurance Companies: Why Policymakers have it all Wrong
The Tax Code directly incentivizes captive formation via 26 U.S.C. § 831(b). For decades, this section permitted non-life insurance companies–i.e., captives–receiving less than $1.2 million in annual premiums to elect to be taxed only on their investment income as opposed to on their underwriting...