Cleveland State Law Review Cited Five Times by the Supreme Court of the United States
Big news! Cleveland State Law Review was recently cited by the Supreme Court of the United States in one of its biggest decisions this year.
In the dissenting opinion of New York State Rifle & Pistol Association, Inc., et al. v. Bruen, et al., 142 S. Ct. 2111 (2022), Justice Stephen Breyer cited two CSLR published articles by alumni Patrick J. Charles. Citing “The Faces of the Second Amendment Outside the Home: History Versus Ahistorical Standards of Review” four times and “The Faces of the Second Amendment Outside the Home, Take Two: How We Got Here and Why It Matters” one time, Justice Breyer utilized Charles’ articles to help illustrate how the interpretation of history restricting firearm usage was ignored by the Majority’s reliance on history and overall holding.
Congratulations to Patrick J. Charles for this incredible accomplishment! We are honored to be the vehicle that allows your research to be read and relied on by the Supreme Court of the United States.
Read the full opinion here.
The Dope on Marijuana Consumption and Impaired Driving
Article by Samuel D. Hodge, Jr. and Lauren Williams (November 30, 2021)
Marijuana is the most frequently used psychotropic drug in the United States, following alcohol consumption. Its use is becoming socially acceptable as more and more states legalize recreational consumption. Nevertheless, marijuana is still a drug, and individuals must understand that it has adverse health effects and potential therapeutic benefits. Marijuana can influence a user’s judgment and impair a person’s driving abilities. A significant problem with its consumption and driving is that there is no statistical link to show what level of marijuana in the blood causes impairment. Roadside tests for the appropriate blood alcohol content to show intoxication are well known. No such uniform standard exists for marijuana, however, since the test can show evidence of drug use from days before, even if the individual is not impaired at the time of the incident. Jurisdictions that permit the use of marijuana have had difficulty creating scientifically logical and criminally relevant laws about drivers who use cannabis lawfully. This dilemma has resulted in three approaches being used to determine drugged driving. They range from the need to show impairment to a per se standard where the person is found guilty of drugged driving if any trace amount of THC is discovered in the blood. This Article will provide a comprehensive guide to marijuana and its consumption. The drug’s components will be explained along with a medical explanation of how marijuana affects the body to produce a “high.” It will then focus on the relationship between marijuana and impaired driving and explain the different approaches used by the states to establish drugged driving.
Read the full Article here.
Volume 70, Number 3
Neither Trumps nor Interests: Rights, Pluralism, and the Recovery of Constitutional Judgment
Article by Paul Linden-Retek (April 25, 2022)
Langdell and the Foundation of Classical Contract Law
Article by Daniel P. O’Gorman (April 25, 2022)
From Governance to the Classroom: Rethinking Large-Scale School Reform to Improve Educational Opportunity and Equity
Article by Benjamin M. Superfine, PhD and Mark Paige, PhD (April 25, 2022)
Restoration of Second Amendment Rights from a Lifetime Ban Imposed by 18 U.S.C. § 922(G)(4): The Sixth Circuit Provides a Path Forward
Note by Bennett E. Kuhar (April 25, 2022)
Equal Access to Donate: Plasma Donation Centers and the ADA
Note by Lucy Richman (April 25, 2022)
We are excited to announce that the following Associates have been selected to have their law review notes published in Volume 70 of Cleveland State Law Review during the 2021-22 school year:
Also, the following students will be published on our online journal, Et Cetera: