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.
- 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?
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Excuse in International Law
International law displays an asymmetry in its treatment of individuals and states: individuals may claim excuse under some circumstances, but state wrongdoing is always inexcusable; this asymmetry has been largely unexamined and (rightfully) undefended....
- 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...
- 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 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...
- To End Gerrymandering: The Canadian Model for Reforming the Congressional Redistricting Process in the United States
- Certifying Identity
- A Funny Thing Happened on the way to the Public Forum: Why a Public Forum Analysis Applied to the Library should Protect Internet Services and Delivery Systems
The public forum doctrine has been unevenly applied by the courts, and it is the subject of much criticism from scholars. The classifications are unclear and poorly defined at best. Yet, despite all this, the doctrine remains the best option for protecting expressive activity on government property ...
- A Proposal to the ABA: Integrating Legal Writing and Experiential Learning into a Required Six-Semester Curriculum that Trains Students in Core Competencies, 'Soft' Skills, and Real-World Judgement
In this article, we set forth a proposal to the American Bar Association advocating for a three-year experiential legal writing curriculum that requires students to take one legal writing course during each semester of law school and directs law schools to devote between eight and fifteen credits...
- Bite the Hand That Feeds: Holding Athletics Boosters Accountable for Violations of NCAA Bylaws
- For-Profit Crusaders: The Accommodation of For-Profit Entities in the Contraception Mandate
Although the American public seemed ready, it did not take long for the constitutionality of the Affordable Care Act to be challenged. One of the biggest sources of distress regarding the statute arises from the contraception mandate, which requires employers to provide no-cost preventative...