Textualism and Bostock

On June 15, 2020, in the case of Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Acts protects employees from discrimination because they may be gay or transgender. Justice Neil Gorsuch’s opinion was an exercise in a textual interpretation of the statute’s language. His opinion has engendered serious …

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John Marshall, Thomas Jefferson and the First Peaceful Transition

In an era when the validity of elections is vigorously disputed, Professor David Forte reminds us of how America’s tradition of a “peaceful transition” began. Professor Forte … your witness I On January 6, 2021, Americans stared at their television screens in disbelief as rioters besieged the Capitol Building where within, the electoral votes for …

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The Supreme Court’s Surprising Criminal Case Term

The Supreme Court’s evolving criminal law jurisprudence always reveals the developing criminal law perspectives of individual justices as well.  Here, Cleveland-Marshall’s Associate Dean and Professor Jonathan Witmer-Rich opens up for us the rich and sometimes surprising results of the Court’s 2020 October term. Professor Witmer-Rich, … your witness The Supreme Court’s 2020 October Term started …

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Deepfakes, Privacy, and Freedom of Speech

Inauthentic media depictions can harm a person’s privacy and reputation and pose a risk to broader society, as well.  “Deepfake” technology allows the creation of a type of inauthentic media using “deep machine learning” techniques, using a computer to quickly swap or simulate faces, voices, and movements.    Professor Christa Laser argues that Notice and …

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Hearing All Views

Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law, has had a long and warm relationship with the faculty of the Cleveland Marshall College of Law. He is the author of a highly regarded textbook on Constitutional Law, was the founding dean of the University of …

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The Advocates: Fred Gray and the First Amendment

Today, Your Witness forum begins a new series entitled “The Advocates.” Along with essays on legal issues in the Your Witness forum, “The Advocates” will highlight the contributions of particular lawyers who have advanced the cause of the rule of law and liberty under the Constitution. Our first contribution is by Jonathan L. Entin, David …

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A More Just Way of Dealing with Drugs and Those They Harm

Editor’s Note: Robert Alt, President and CEO of the Buckeye Institute, urges that a reform of Ohio’s drug laws, in Senate Bill 3, will give hope to the addicted, punish those who are truly responsible, and save lives. Robert Alt, your witness… Ohio has faced two severe public health crises this year—the COVID-19 pandemic and …

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Employment Rights and Religious Liberty

Last term, the Supreme Court decided the case of Our Lady of Guadalupe v. Morrissey-Berru, holding that the First Amendment protects religious institutions from having to follow statutory employment regulations in regard to employees who can be characterized as having a religious ministerial role.  Doron Kalir, Clinical Professor of Law at Cleveland-Marshall College of Law, …

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