Articles

In Re Bonfield: Are We There Yet? The Ohio Supreme Courts Journey Establishing Adoption and Custody Laws in Ohio

I. Introduction. II. Background. A. Textualism. B. Adoption and Custody Laws in Ohio. 1. The Function of Ohio's Domestic Relations and Juvenile Courts. 2. Various Aspects of Custody. 3. Who is Legally Recognized as a Parent Under Ohio Law?. a. The Rights of Unmarried Biological Parents. b. The Rights of Cohabiting Couples Where Only One Partner is a Biological Parent to the Children. c. The Legal Status of Homosexual Couples as "Parents". 4. Adoption by Homosexuals. 5. Ohio's Treatment of Sec...

Jury Service: Its Changing in Ohio

I. What's Wrong With Jury Service?. A. Provide Jurors with an Easy Means to Reschedule Service. B. Limit Jury Service to No More Than One Day or One Trial. C. Strengthen Protection of Employment Rights. D. Providing Fair Compensation to Jurors in Lengthy Civil Trials. II. Limiting Excuses to True Hardship. A. Limiting Excuses from Jury Service to True Hardship. B. No-Shows Should Receive an Appropriate Penalty. III. Conclusion.

Justifying Judicial Review: Liberalism and Popular Sovereignty

Introduction. I. Democratic Objections to Judicial Review. II. A Liberal Justification of Judicial Review. A. Judicial Review and Rawls's "Justice as Fairness". B. Beyond "Justice as Fairness": Judicial Review on Questions of Federalism and Separation of Powers. III. Ackerman's Proceduralist Defense of Judicial Review. A. Objections to Ackerman's View. B. Beyond Popular Sovereignty.

Marching to the Beat of the Itinerant Drummer: States Increasingly Refuse to Get Physical Before Finding Nexus

I. Introduction. II. The Issue Emerges. III. Foundational Cases. A. The Saga Begins: The Supreme Court is Weighed Down by Apportionment Formulas in Portland Cement. B. Bellas Hess: Laying the Underpinnings of the Modern Test. C. Quill Announces the Modern Test. IV. Discussion. A. The Aftermath of Quill: States Struggle with Minimum Physical Presence. 1. Scenario One: Nexus May Attach with "Minimal" Physical Presence. B. Florida Decides to Follow Quill. C. State Courts Continue to Fill in the ...

Sealed With an Acquittal: When not Guilty Means Never Having to Say You Were Tried

I. Scope of This Article. II. Extreme Expunction-A Brief History. A. Early Cases. B. The Ohio Supreme Court's Decision in Pepper Pike. C. Post Pepper Pike. III. Ohio Revised Code Section 2953.52-Expunctions 'R US?. A. The Statutory Scheme. B. Judicial Reaction-Two Schools of Thought. 1. Pepper Pike as Derelict on the Waters of the Law. 2. Pepper Pike Still Afloat. 3. Who's Right?. IV. The Right of Privacy Versus the Public's Right to Know. A. The Mythological Right of Privacy in a Public Tria...

The Quality of Indigent Defense on the 40th Anniversary of Gideon: The Hamilton County Experience

I. Introduction. II. Gideon on Its 40th Anniversary. III. A Case Study of Hamilton County. A. Historical Overview. B. Legislative Framework. C. The Role of Politics. IV. Improving the Quality of Indigent Defense. A. Non-Litigious Modes of Reform. 1. Research and Coalition Building. 2. A More Active Committee on the Appointment of Counsel. 3. Institutional Changes-Increased State Control. B. Systemic Litigation: Reviving Gideon. 1. Precedent. 2. Strategizing Litigation. V. Conclusion.

Whos Your Daddy?: State Adoption Statutes and the Unknown Biological Father

I. Introduction. II. The Emergence of Custodial Rights of Unwed Fathers. A. Historical Treatment of Unwed Fathers. B. United States Supreme Court Decisions. 1. Stanley v. Illinois (1972). 2. Quilloin v. Walcott (1978). 3. Caban v. Mohammed (1979). 4. Lehr v. Robertson (1983). C. Unanswered Questions. III. How States Protect the Inchoate Parental Interest of Unknown Fathers. A. Putative Father Registries. 1. Time Constraints. 2. Effect of Failure to Register. 3. Exceptions for Failure to Regi...