Ohio State Law Journal

Article

Administrative Law Enforcement, Warnings, and Transparency

by Delcianna J. Winders

Warnings are one of the primary ways that administrative agencies enforce the law. Yet, there is virtually no scholarship interrogating the role that warnings play in an agency’s arsenal. Are they effective in motivating compliance? If so, under what circumstances? Is reliance on warnings warranted at all? This Article tackles these important but overlooked questions by scrutinizing the use of warnings through both a theoretical assessment and a case study...

Article

Terry Stops and Frisks: The Troubling Use of Common Sense in a World of Empirical Data

by David Rudovsky & David A. Harris

The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. The emergence of comprehensive data...

Note

Punishing Harmless Conduct: Toward a New Definition of “Moral Turpitude” in Immigration Law

by Rob Doersam

Since the 2016 election, immigration has dominated the headlines. President Trump has stated that he wants to deport undocumented immigrants who “have criminal records,” and are “gang members” or “drug dealers.” In practice, the federal government uses the standard of “moral turpitude” when determining the deportability or excludability of a noncitizen who has committed a crime. This Note examines the issues involved...

Note

Sexting: The 21st Century’s Digital Lovers’ Lane

by Natasha Marie Landon

Teen Sexuality? Perish the thought. America is more comfortable denying or simply ignoring the idea. But sexting, one of the many forms of adolescent sexual expression, is forcing America to confront the uncomfortable. Sexting and the related criminal ramifications for minors have taken center stage in recent years. By definition, teen sexting is child pornography. Using child pornography offenses to sentence minors for sexting, however, is a gross perversion of...