OSLJ Online



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 […]

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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 […]

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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). […]

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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 […]

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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, […]

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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 […]

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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 […]

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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 […]

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