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
- 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.
- 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.
- 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.
- 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.
- The Fallacy of Liberal Discovery: Litigating Employment Discrimination Cases in the E-Discovery Age
Although the reliance upon the fallacy of liberal discovery has always been problematic for plaintiffs, in the e-discovery age, the problem is magnified because of the substantial cost and complexity of accessing electronic records. The plaintiff in an employment discrimination case carries this...
- The Mascot Manifesto: Challenging the Constitutionality of Section 2(A) of The Lanham Act in a Heightened Era of Political Correctness
Section 2(a) of the Lanham Act directly conflicts with the general free speech principles protected under the First Amendment; only a few circuit courts have discerned this confliction. Because of this confliction, the Supreme Court of the United States should find Section 2(a) of the Lanham Act...
- An Unqualified Right to Self-Defense: Alienage Restrictions and the Second Amendment
Conditioning fundamental rights on citizenship, including the fundamental right to keep and bear arms as provided by Heller and the Second Amendment, runs afoul of the principles of the Constitution itself. Any fundamental right in which protecion is conditioned on an alienage or citizenship basis...
- Reclaiming Economic Legacy: One Legal Strategy for a 2022 Fifa World Cup USA
A proposal on how the USSF (United States Soccer Federation) can use the FAUC (Swiss Federal Act on Unfair Competition) in a collateral challenge to enjoin the QFA (Qatar Football Association), allowing bids to be re-opened for the next FIFA (Fe´de´ration Internationale de Football Association)...
- The Course Source: The Casebook Evolved
Most traditional law school casebooks and course books are not designed to facilitate adoption of a variety of teaching methods that are necessary to educate a changing student body. This Article outlines a vision for the course source, and the new generation of teaching materials created to...
- 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 Perfect is the Enemy of the Good: The Case for Proportionality Rules Instead of Guidelines in Civil E-Discovery
This Comment argues that a new set of rules—in the form of a mandated proportionality analysis used for all discovery planning and discovery disputes—must replace the old jumble of guidelines that entrenches civil litigation in a costly, time-consuming, and inefficient quagmire....
- Re-examining and Re-defining Permanency from a Youth's Perspective
Federal and state laws mandate that efforts be made to find permanent families for all children placed in foster care, first, by reunifying them with their birth families or, when this is not possible, by securing alternate families through adoption or guardianship. Yet, for children older than age ...
- Straight out of Compton: Developmental Equality and a Critique of the Compton School Litigation
Developmental equality can be used to impose concrete obligations on the state, consistent with the purposes of Articles 2 and 3 and the affirmative obligations of Article 4 of the United Nations Convention on the Rights of the Child (UNCRC)....
- The Elective Share has no Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust
A traditional elective share is inadequate to protect a spouse from disinheritance by a revocable trust and the inequalities of the traditional elective share and common law modifications mandate reform with revocable trusts. This Article identifies the great unfairness with the legislation in...