Authors:Jessica Crtalic Abstract: In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only is the Bill unconstitutional on these three bases, but it is also promulgated in racially motivated origins and serves as a mechanism for racially biased outcomes. The Bill is ripe for review by the Ohio Supreme Court, and expeditious action is pertinent to prevent further harm to offenders who have been inappropriately sentenced under the Bill and are consequently at risk of over-serving time in prison—an injury to liberty that can never be fully remedied. This Note proposes a replacement system to be implemented upon striking down S.B. 201 as unconstitutional. PubDate: Thu, 15 Jun 2023 15:31:12 PDT
Authors:Julian Gilbert Abstract: Police chases and high-speed driving are common practices that pose a substantial amount of harm and are often unjustified. The benefits of such chases are questionable, and rapid police action at all costs is often unnecessary. When bystanders are injured as a result of police high-speed driving, there are few avenues to have their rights vindicated, and federal court cases require plaintiffs to meet an almost impossible burden. However, under the United States Supreme Court case of County of Sacramento v. Lewis, a plaintiff can put forth evidence that their substantive due process right to life under the Fourteenth Amendment was violated as a result of a police officer's actions during a chase that resulted in harm. Liability depends on a plaintiff's ability to show that the police officer's actions "shocked the conscience." In the police high-speed driving context, an officer's conduct shocks the conscience if the officer acted with the intent to bring about the harm that he caused. Such results are hardly ever the result of intentional action, but a blatant disregard of the risks. While most federal circuit courts follow this standard, some allow for the finding of liability on the less burdensome standard of recklessness.In the Eighth Circuit, if the officer believed he was responding to an emergency and causes harm, the Plaintiff would have to show that the officer intended to bring about the harm that resulted. The intent to harm standard would apply regardless of the objective circumstances, so long as the officer believed he was acting in an emergency. The latitude police have on our nation's roadways and the deference they are given in our society warrants a reconsideration of what standards should apply and when. This Note argues that the potential harm caused by high-speed police driving is significant and often unjustified. While the current legal standards allow for some avenues of recourse for victims, they are limited and require a high burden of proof. It is necessary to re-evaluate and establish more reasonable standards for police conduct during high-speed pursuits to ensure public safety and prevent unnecessary harm. PubDate: Thu, 15 Jun 2023 15:31:12 PDT
Authors:Pamela A. Wilkins Abstract: The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern ideologies around manhood and by the hypermasculinity common within law enforcement. In turn, these ideologies influence capital prosecutors’ sentencing phase closing arguments. PubDate: Thu, 15 Jun 2023 15:31:11 PDT
Authors:Jeffrey Lewis Abstract: The comic art form’s impact on cultural norms can engender new understandings of rights and shape conceptions of equality in our shared consciousness as a society. Drawing on the 1960s era of social change, this Article examines how comics can produce activism by shaping cultural norms which are reframed, contested, or contextualized to help generate new shared understandings of rights and equality in American democracy. The comic art form should be taken seriously as a medium for activism that can influence changes in social consciousness, illustrated in this Article with examples as diverse as the quiet revolution of the Peanuts cast and the brash, norm-busting cartoonists who propelled the underground comix movement. How we now conceive our rights, including implied fundamental rights, or the equality of protections under the Constitution, were influenced by comics. Today, the comics’ world reaches more and more new audiences as a transnational, globalized network of art and artists and expresses ways of seeing and knowing that shape the collective consciousness of pluralistic societies. PubDate: Thu, 15 Jun 2023 15:31:10 PDT
Authors:Kindaka J. Sanders Abstract: This Article series argues that the Supreme Court’s jurisprudence on excessive force from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of conservatism. Modern conservatism developed as a backlash against various social movements like the Civil Rights Movement and spontaneous urban rebellions during the sixties. PubDate: Thu, 15 Jun 2023 15:31:10 PDT
Authors:Richard E. Gardiner Abstract: In the debate over the meaning of the right to keep and bear arms guaranteed by the Second Amendment, some writers have argued that the prohibition in the 1328 English Statute of Northampton on "going armed" referred to carrying weapons, thus purportedly showing that regulation of carrying weapons was well known and established when the Second Amendment was adopted. For the first time, this Article reveals, through a thorough analysis of medieval royal proclamations and acts of parliament, well-regarded legal treatises, literature of the time, and English case law, that "going armed" did not refer to carrying weapons, but rather to wearing armor. Accordingly, the Statute of Northampton does not show that regulation of carrying weapons was established at the time of the adoption of the Second Amendment. PubDate: Thu, 15 Jun 2023 15:31:09 PDT
Authors:Aimee Sheetz Abstract: Several states currently have laws that allow for alkaline hydrolysis as an alternative to burial or cremation. A few states also allow for the composting of human remains. People are choosing these means of disposition for themselves and their loved ones due to environmental, financial, and societal reasons. Ohio currently does not allow either of these methods to be performed within the state. There have been attempts to legalize alkaline hydrolysis in Ohio. This Note calls for the legalization of both methods of disposition by including them in the Ohio Revised Code. This would provide clarity to the Ohio Board of Embalmers and Funeral Directors as well as to consumers. PubDate: Mon, 15 May 2023 16:16:13 PDT
Authors:Christine Mika et al. Abstract: This Article addresses how Ohio’s Home Rule provision in the Ohio Constitution has played out as legislators grapple with efforts to ban plastic bags from stores. It discusses the complexities of the Home Rule doctrine in Ohio, especially as it relates to the competing authority of state, county, and municipal governments. The Article discusses the history of Home Rule in Ohio, and the pre-emptive relationships between the competing governmental entities stemming from the existence of County and Municipal Charters that also grant legislative powers. It explains that the opting out of plastic bag bans by Ohio municipalities is a valid exercise of Home Rule power. The Article further examines how Home Rule has played out in other states where there is a tension between entities that wish to ban plastics and those who want to ban any bans. The Article suggests that even though Home Rule tends to be a partisan issue in which conservative legislators seek to limit the power of municipalities, many municipalities in both conservative and liberal states have been successful in enforcing plastic bag bans. The Article concludes, however, that after the quarantine, conservative legislators have returned to partisan lines in attempting to limit the power of municipalities. In Ohio, this has resulted in the Ohio Legislature enacting legislation prohibiting the development of alternative energy sources in some counties. The Article suggests that the return to partisan politics in Home Rule issues will make it much more difficult for counties and municipalities to act on their own in efforts to improve the environment. PubDate: Mon, 15 May 2023 16:16:12 PDT
Authors:Milica Prica Abstract: This Note dives into the world of cryptocurrency and family law in Ohio. With its current popularity and dramatic fluctuations, cryptocurrency has created a new legal issue in the family law practice. Specifically, this Note focuses on the concealability of Bitcoin and how that influences division of property, spousal support, and child support in Ohio divorce proceedings and settlements. To tackle this issue, this Note begins with the history of Bitcoin, its value since the beginning, as well as the reason for its fluctuations. This Note also looks into what makes Bitcoin and other cryptocurrency forms so concealable. This Note then analyzes the current family law in Ohio, using relevant Ohio Revised Code sections as well as case law that presents examples of how standard assets are divided amongst spouses in a divorce. These statutes and cases are also used to analyze allocation of spousal and child support. This Note then looks to how Ohio has treated parties who conceal their assets in divorce proceedings with respect to division of property, spousal support, and child support. Lastly, I analyze how other states have treated Bitcoin in divorce settlements, as well as the approach countries like the United Kingdom and Canada treat cryptocurrency. This Note finds that cryptocurrency should be treated similarly to standard assets in divorce settlements, and that the Ohio Legislature should act quickly to propose amendments to relevant family law statutes to include cryptocurrency as a standard asset. PubDate: Mon, 15 May 2023 16:16:12 PDT
Authors:Namrata Bhowmik et al. Abstract: Fashion law is an emerging field that addresses the legal issues that arise in the fashion industry. With the rapid growth and globalization of the fashion industry, there is an increasing need for specialized legal guidance in this area. Fashion law encompasses a wide range of legal issues, including intellectual property, contract law, employment law, international trade law, and environmental law.One of the main drivers behind the need for fashion law is the rise of counterfeiting and intellectual property theft in the fashion industry. With the proliferation of ecommerce and social media, it has become easier than ever for counterfeiters to produce and sell fake designer goods. Fashion law provides legal protections for designers, brands, and manufacturers to safeguard their intellectual property rights and prevent infringement.Moreover, the fashion industry has a significant impact on the environment, with issues such as textile waste, carbon emissions, and ethical sourcing of materials. Fashion law can play a crucial role in ensuring that fashion companies comply with environmental regulations and ethical standards. Interestingly, fashion models comprise a group of working professionals that do not have any laws dealing with the specific issues that they are faced with on account of their profession. This Article discusses the various reasons why there is a need for fashion law. PubDate: Mon, 15 May 2023 16:16:11 PDT
Authors:Rodger D. Citron Abstract: Alexander Hamilton’s recognition and reputation have soared since the premiere of "Hamilton," Lin-Manuel Miranda’s musical about him in 2015. For lawyers, Hamilton’s work on the Federalist Papers and service as the nation’s first Treasury Secretary likely stand out more than other aspects of his extraordinary life. Politics and economics were fundamental concerns addressed by the Framers in a number of ways, including what we now refer to as administrative law—the laws and procedures that guide government departments (or, as we say today, agencies). Indeed, "Hamilton" reminds us that questions of administration and administrative law have been with us since the first days of the Republic.Inspired by the musical, this Article examines three related aspects of Hamilton and administrative law. First, while the typical administrative law course is preoccupied with the last century and is anchored in the New Deal, Hamilton’s tenure as Treasury Secretary shows that (administrative) law guided the Treasury Department’s operations and, moreover, that Hamilton took the law into account when leading the Department. Second, in law school, administrative law focuses on legal constraints on the agency rather than internal aspects of administration. Hamilton’s career, which fused contemporary notions of public administration and administrative law, challenges the separation of these two disciplines. Third, separation of powers is the foundation of the administrative law course. As the Article discusses, the Supreme Court considered Hamilton’s views on this subject, specifically in the context of the President’s removal authority, when deciding Seila Law LLC v. Consumer Protection Final Bureau in 2020. In sum, Hamilton and "Hamilton" have much to say about contemporary administrative law. PubDate: Mon, 15 May 2023 16:16:10 PDT
Authors:Alex S. Li Abstract: For the space tourism industry, 2021 represented a giant leap forward: three different privately-developed commercial spacecrafts made their tourism debut. With space tourism launching to new heights, several legal issues surrounding this sector can no longer be ignored. The emerging industry is also raising new policy considerations. This Article fills this void by examining the pressing legal and policy issues that surround space tourism’s coming-of-age.The Article begins by looking at space tourism’s past. It chronicles the companies, the missions, and the passengers that have formed the industry’s foundation so far. The Article then shifts to space tourism’s present. It focuses on three major legal issues facing this industry as it continues to develop: (a) the legal status of space tourists—where this Article argues that space tourists will not be entitled to the same status as "astronauts" or "personnel of a spacecraft;" (b) the applicability of aviation laws—where this Article concludes that the industry should only be governed by Outer Space laws; and (c) the passenger liability regime for space tourism—where this Article advocates for a transformation. After this discussion, the Article turns to space tourism’s future. It suggests three policy areas that should be addressed as Outer Space travel becomes more mainstream: (i) standardization of passenger training; (ii) protection of outer space heritage sites; and (iii) promotion of this common province of humanity. By highlighting these legal and policy areas, this Article hopes that space tourism will become safer and more accessible for all. PubDate: Mon, 15 May 2023 16:16:10 PDT
Authors:Latisha Nixon-Jones Abstract: This Article proposes expanding the legal academy’s role in responding to disasters and emergencies, specifically through creating disaster clinics that take a community-based lawyering approach. The Article is one of the first to identify the need for community-based disaster legal clinical education that goes beyond the immediate response phase. It also proposes creating a disaster legal pipeline from the clinic through post-graduation employment. The Article furthers the literature’s discussion of the need for sustained disaster legal education. As the global pandemic caused by COVID-19 coronavirus continues to impact vulnerable populations and the frequency of natural disasters continues to increase, this Article provides a blueprint to law school faculty and administrators on the process of starting a new clinic or redesigning an existing clinic into a long-term disaster-related clinic. Additionally, the Article provides a timeline of disaster legislation that has evolved to provide a robust background for seminar courses. The Article draws from the author’s expertise in creating two disaster clinics and multiple disaster and environmental justice courses.The Article looks at the creation of the disaster legal clinic, examines the evolution of the popular Equal Justice Works disaster corps, and provides best practices for designing the course. The Article provides insight on the distinctive ability of law schools to foster community-based solutions, as demonstrated through the lens of successful clinics. PubDate: Mon, 15 May 2023 16:16:09 PDT
Authors:Patrick J. Charles Abstract: This Article critiques the Supreme Court’s use of text, history, and tradition in New York Rifle & Pistol Association, Inc. v. Bruen. In doing so, not only is the Supreme Court’s approach to history-in-law in Bruen called into question, but also the Article provides the courts with an historically objective and even-keeled ‘way-ahead’ for future Second Amendment cases and controversies. PubDate: Mon, 15 May 2023 16:16:09 PDT
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