Ohio State Law Journal

Article

Categorizing Chevron

by Kristin E. Hickman & R. David Hahn

What is the Chevron doctrine? Everyone knows Chevron as a doctrine that has governed judicial review of agency interpretations of ambiguous statutes for more than thirty years. Yet courts and commentators continue to disagree over how the doctrine works and what it requires courts to do. Contributing to the disagreement is a categorization problem: is Chevron a standard of review, a rule of decision, or a canon of construction...

Article

Monetizing the Super-Predator

by Ahmed Lavalais

Tragically, Black people in America continue to experience disproportionately high levels of contact with the criminal legal system. This contact exposes them to unwarranted dignity harms, harassment, family separation, incarceration, and violence. Black Americans also experience poverty at disproportionate rates...

Article

Restoring Humanity by Forgetting the Past

by David A. Singleton

Criminal records stigmatize convicted persons, which encourages society to treat them as less than human—as “other.” Once “otherized,” “criminals” are often denied the opportunity to live their best lives and reach their full potential. Indeed, a criminal record can limit one’s ability to work, obtain an education, find housing, or receive public benefits. As former Chief Justice Earl Warren explained...

Essay

Policing Marginality in Public Space

by Jamelia N. Morgan

The pandemic spurred by COVID-19 has illuminated in stark detail the threats to safety and health that have long-characterized the lived experiences of unsheltered individuals. The pandemic has brought to the forefront deeply rooted structural problems, which contributed to the social conditions now currently rendering houseless people particularly vulnerable to the brutal disease and premature death...

Article

Uncovering Official Lawlessness in Ohio’s Criminal Court Debt Assessment and Collection: A Toolkit for Defenders

by Nikki Trautman Baszynski

I wasn’t looking for anything in particular when I skimmed the cost bill in my client’s appellate record. It just happened to be the first page of the stack of papers the clerk handed to me. And I wasn’t expecting anything in particular when I decided to follow up on the three $124 charges for “certified copy of the docket entries.” I just knew that if I were charged $372 for copies, I would want to know why. So, I felt I owed it to my client to get that answer...

Article

Race, Surveillance, Resistance

by Chaz Arnett

The increasing capability of surveillance technology in the hands of law enforcement is radically changing the power, size, and depth of the surveillance state. More daily activities are being captured and scrutinized, larger quantities of personal and biometric data are being extracted and analyzed, in what is becoming a deeply intensified and pervasive surveillance society. This reality is particularly troubling for Black communities...