OSLJ Online



OSLJ Online, Volume 81 (2020)

Lake Erie Bill of Rights: Stifled by All Three Branches Yet Still Significant

By Kenneth Kilbert. The Lake Erie Bill of Rights (LEBOR), declaring that Lake Erie has enforceable rights, received national and international attention when voters added it to the City of Toledo, Ohio charter in 2019. This innovative “rights of nature” ordinance held out the promise of a new legal tool to combat the harmful algal […]

Read More

OSLJ Online, Volume 81 (2020)

Election Law Roundtable

Twenty years ago, the country watched uncomfortably as the presidential election between George W. Bush and Al Gore headed into “overtime.” For five weeks after Election Day, the razor-thin results in Florida remained in dispute, until the U.S. Supreme Court invalidated the Florida recount efforts. That experience catalyzed the growth of the fields of election […]

Read More

OSLJ Online, Volume 81 (2020)

A Commentary on Professor Shen’s Aging Judges

By Morris B. Hoffman. Let me begin this discussion of Francis Shen’s thought-provoking look at Aging Judges with two disclosures. First, Francis and I are friends, colleagues, and co-authors. We met in 2009, when I was a member and Francis a fellow in the John D. and Catherine T. MacArthur Foundation’s Law and Neuroscience Project. […]

Read More

OSLJ Online, Serial Essay, Volume 81 (2020)

The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases, Parts I–VI

By Marc Spindelman. To view all parts of The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases, by Professor Marc Spindelman in one place, look here. Click on the following below links for the corresponding individual parts of Professor Spindelman’s article. Part I Part II Part III Part IV Part […]

Read More

OSLJ Online, Serial Essay, Volume 81 (2020)

The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases, Part VI

By Marc Spindelman. If, at times, gender and sexual confusion operated deceptively lightheartedly during oral arguments in Gerald Bostock and Donald Zarda’s cases, it didn’t lack for prospects of being weaponized against the gay sex-discrimination positions in them. Here it is being turned to advantage as part of a challenge to the claim that anti-gay discrimination […]

Read More

OSLJ Online, Serial Essay, Volume 81 (2020)

The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases, Part V

By Marc Spindelman. For a long time now, the shower has occupied a significant place in the U.S. cultural archive, and a highly fraught one in the sub-archive of the LGBT-related Kulturkampf. After its seeming disappearance from prominence for a number of years, its reemergence in a central position in the LGBT Title VII sex discrimination […]

Read More

OSLJ Online, Serial Essay, Volume 81 (2020)

The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases, Part IV

By Marc Spindelman. Having come this far with Bursch’s argument, it is possible to follow the anti-trans cultural fantasies that the shower and locker room scene trades in as they take a darker turn within the larger case that Bursch and his team offered to the Supreme Court on Harris Funeral Homes’s behalf. After exhausting its […]

Read More

OSLJ Online, Serial Essay, Volume 81 (2020)

The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases, Part III

By Marc Spindelman. In important respects, the bookended versions of the shower and locker room scene that John Bursch sketches for the Supreme Court give and receive meaning from one another. Read together, Bursch’s audience is supposed to know that “[g]ender identity,” which is a “broad concept,” includes not only men who “identif[y] as . […]

Read More

OSLJ Online, Serial Essay, Volume 81 (2020)

The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases, Part II

By Marc Spindelman. Whatever their outcomes, the LGBT Title VII sex discrimination cases have once again broken new legal ground. For the first time ever, the Supreme Court has directly taken up, both in the same Term and on the same day, multiple cases involving different aspects of the rights of LGBT-identified persons. Few seem […]

Read More

OSLJ Online, Serial Essay, Volume 81 (2020)

The Shower’s Return: A Serial Essay on the LGBT Title VII Sex Discrimination Cases, Part I

By Marc Spindelman. As we await word from the U.S. Supreme Court on whether Title VII of the 1964 Civil Rights Act protects lesbian, gay, and trans workers when they suffer sex discrimination at work and legally complain, it’s worth essaying some of the more striking features of the LGBT Title VII cases as they […]

Read More

OSLJ Online, Volume 81 (2020)

Collaborative Pipeline Risk Governance: A Response to Professor Gosman

By Tara Righetti. In her article, Planning for Failure: Pipelines, Risk, and the Energy Revolution, Professor Sara Gosman undertakes a comprehensive and insightful study of the risk governance associated with pipeline siting. Gosman focuses on the separation of legal frameworks governing safety and those governing siting. She argues that parallel risk governance paradigms are insufficient […]

Read More

OSLJ Online, Volume 81 (2020)

Comparative Advantage: The Ends and Means of Campaign Regulation A Response to Professor Ringhand

By Daniel P. Tokaji. Comparative election law is poised for a breakthrough. The global study of laws governing elections and politics has not exactly been moribund over the years, but it has not been especially robust either. That is particularly true in the United States. American election law scholars have tended to focus on U.S. […]

Read More

OSLJ Online, Volume 81 (2020)

Campaign Finance, Transparency, and Citizen Autonomy: A Response to Professor Ringhand

By Paul Wragg. In her excellent, thought-provoking article in the Ohio State Law Journal, Professor Ringhand makes a valuable and much-needed contribution to what she describes as the “urgent conversation” concerning the “combined threat of online electioneering and foreign interference in domestic elections.” Sadly, she is right to say that our democratic way of life […]

Read More

OSLJ Online, Volume 81 (2020)

All Shook Up: A Reincarnated View of the Takings Clause in Light of Alleged AIA Takings of Pre-AIA Issued Patents

By Amanda C. Maxfield. The Constitution of the United States is a revered national document outlining the confines of government and the relationship among the created structures. In constitutional law classes, common broad topics include the Commerce Clause, Due Process Clause, and discussion of fundamental rights. Little discussed, however, is the Intellectual Property Clause. In […]

Read More

OSLJ Online, Volume 81 (2020)

Service Provision and the Study of Local Legislatures: A Response to Professor Zale

By Noah M. Kazis. Local legislatures are fascinating sites of institutional experimentation, which legal scholars are only just beginning to describe, much less fully understand. Kellen Zale’s recent Article, Part-Time Government, provides an investigation into one particular question of institutional design—whether legislatures operate part-time or full-time—and offers lawmakers valuable insights in to how to make […]

Read More

OSLJ Online, Student Note, Volume 80 (2020)

The Case for Overturning Carter to Protect Contract Clause Rights through Section 1983 Claims

By Donald B. Naiman. After 32 years of employment with the city of Lincoln Park, Michigan, Police Chief Robert Duncan retired. As a term of his employment agreement, Duncan received a pension of $22,620 per year and health care benefits in his retirement. But from 2002 to 2013, the funding in Lincoln Park’s pension dropped from […]

Read More

OSLJ Online, Student Note, Volume 80 (2020)

In Defense of the Space Force: Why the Goldwater-Nichols Act Supports an Independent and Co-Equal Military Branch

By S. Matthew Krsacok. When President Donald J. Trump proposed a “separate, but equal” sixth branch of the United States Armed Forces, the Space Force, his proposal was met with little enthusiasm. Even setting aside the President’s unfortunate use of a phrase synonymous with racial segregation, the Space Force conjured images of X-Wings and lightsabers, more […]

Read More

Student Note, Volume 79 (2018)

A Missed Opportunity for the Armed Career Criminal Act?: A Comment on Stitt, Sims, and Stokeling

By S. Matthew Krsacok. “[M]addeningly abstract and untethered to the real world,” “a system that each year proves more unworkable,” “[yielding] bizarre and arbitrary effects” – these are just a few voices in the chorus of complaints levied by judges, justices, prosecutors, and academics against the “categorical approach” to the Armed Career Criminal Act (ACCA). […]

Read More

Student Note, Volume 79 (2018)

Strengthening Charter School Authorization Laws, in Ohio and Across the Country

By Courtney Kasuboski. This Note considers one of the few issues that does not live neatly on partisan lines: publicly attended, yet privately run charter schools. In this Note, drawing on her own experience as a teacher in a New York City charter school, Kasuboski seeks to understand how Ohio’s charter school laws currently function […]

Read More

Student Note, Volume 79 (2018)

Sounding the Canon: How Judges Use Canonical Literary Citations to Bolster the Authority of Natural Rights Jurisprudence

By William E. Braff. If one were to ask readers of a legal opinion what, exactly, composes the document they are reading, such readers might echo Hamlet, glibly replying “[w]ords, words, words.” And they would not be wrong. Judicial opinions function as a collection of written words that define, apply, or overrule existing law. However, […]

Read More

Volume 79 (2018)

On the Constitutionality of Ohio’s “Down Syndrome Abortion Ban”

By Marc Spindelman. Like many laws impacting the rights of women in relation to reproduction, House Bill 214 (H.B. 214), Ohio’s “Down syndrome abortion ban,” raises profound personal, ethical, spiritual, and political questions—questions thattouch upon some of the most fundamental aspects of human existence and the human condition. These questions and their delicate nature deserve […]

Read More

Volume 79 (2018)

Essay Response to Asymmetries in the Generation and Transmission of Wealth

By Reid Kress Weisbord. This Essay responds to a recent Article, Asymmetries in the Generation and Transmission of Wealth, in which Professor Felix Chang offers a bold critique of the freedom of disposition, the venerable organizing principle of wealth transfer law in the United States. With plainspoken eloquence, Chang argues that wealth transfer law should […]

Read More

Volume 79 (2018)

The Conflicted Advice Problem: A Response to Conflicts & Capital Allocation

By Gina-Gail S. Fletcher. This Response focuses on these recent efforts to “fiduciarize” or otherwise heighten the standard of conduct applicable to financial advisors and analyzes whether and to what extent the proposed fiduciary(-like) standards minimize the conflicted advice problem. As regulators and industry actors attempt to tackle the innate conflicts of interest that arise […]

Read More