Section 1983 and the Reaganization of the Sixth Circuit: Closing the Doors to the Federal Courthouse

This article looks at the most significant developments in section 1983 litigation in the Sixth Circuit during the two-year period from January 1, 1987 to December 31, 1988. The emphasis is on the remedial and procedural issues that arise in section 1983 litigation rather than on the underlying federal constitutional and statutory rights enforceable through section 1983

The Standing and Removal Decisions from the Supreme Court\u27s 2006 Term

This article reviews some of the more important jurisdictional decisions of the U.S. Supreme Court during the court\u27s 2006-07 term, the first full term that included both of the court\u27s newest justices--Chief Justice John G. Roberts Jr. and Associate Samuel A. Alito Jr. The term begins an era that will likely become known as the Roberts Court, but this term surely belonged to Associate Justice Anthony M. Kennedy, who cast the deciding vote in all 24 of the court\u27s 5-4 decisions

Constitutional Revision: Ohio Style

This Article looks at state constitutional law in a single state—Ohio—and focuses on the history of constitutional revision in it. Consistent with the Symposium’s theme of popular constitutionalism, the Article reviews the expansion—albeit the slow expansion—of the groups that were permitted to participate in the political process in Ohio as well as the expansion and use of the tools available to those seeking constitutional change. As for the substantive constitutional changes that have taken place in Ohio, the Article reviews them summarily, primarily to put the topic of constitutional revision in context. To understand constitutional revision in a single state, it is helpful to know what is happening in other states, and this Article places Ohio in a national context. But its primary purpose is to provide a clear review of the history of constitutional change in Ohio. And given its single-state focus as well as its attempt to provide a straightforward explanation of the development of the Ohio Constitution, it is hoped that this Article will be useful not simply to academics but also to all who are interested in the Ohio Constitution, in how it has evolved, and in how change is likely to take place in the future. The writing of the history of the constitution of a single state is a daunting task, and the full story cannot be told without an examination of the social, economic, and political currents of the day. And the history of the constitution of any state cannot be undertaken without a review of the role of the courts. These are projects for another day. Instead, this Article focuses more narrowly on the expansion of the players in constitutional revision, on the expanding toolkit for constitutional revision in Ohio and on the uses to which the tools, including state constitutional revision commissions, have been put

Section 1983 and the Reaganization of the Sixth Circuit: Closing the Doors to the Federal Courthouse

This article looks at the most significant developments in section 1983 litigation in the Sixth Circuit during the two-year period from January 1, 1987 to December 31, 1988. The emphasis is on the remedial and procedural issues that arise in section 1983 litigation rather than on the underlying federal constitutional and statutory rights enforceable through section 1983

Eleventh Amendment Federalism and State Sovereign Immunity Cases: Direct Effect on Section 1983?

I was asked to address briefly the impact of the Supreme Court\u27s recent Eleventh Amendment, federalism, and state sovereign immunity decisions on Section 1983 litigation. These cases are unlikely to have any direct or significant impact on Section 1983 litigation in the state or federal courts. On the other hand, these decisions will likely have a significant impact on non-Section 1983 litigation, including non-Section 1983 civil rights litigation. For example, a few weeks ago the Supreme Court heard an argument in an Age Discrimination and Education Act (hereinafter ADEA ) case involving claims brought directly against the state. The recent Supreme Court cases to which I am referring are the Tenth Amendment cases involving the Brady Amendment, the Eleventh Amendment cases holding that Congress does not have power under the Commerce Clause to abrogate the state\u27s Eleventh Amendment immunity from suit, and a decision striking down the constitutionality of the Religious Freedom Restoration Act, and, as Judge Pratt mentioned, Alden v. Maine. Let me focus on Alden, which was not a Section 1983 case, but a state court Fair Labor Standards Act case. The plaintiffs, after having been rebuffed in federal court on their claim for retroactive wages, went into state court where the Eleventh Amendment does not apply. The United States Supreme Court went beyond the text of the Eleventh Amendment and held that the doctrine of state sovereign immunity predated the ratification of the Eleventh Amendment and, therefore, limited the power of Congress acting under the commerce clause to subject states to suit in their own courts. However, Alden creates a number of exceptions. The doctrine the Court identifies in Alden does not apply to suits against local government, suits brought on claims grounded in the Fourteenth Amendment, nor suits for prospective injunctive relief

Section 1983 Litigation in the Ohio Courts: An Introduction for Ohio Lawyers and Judges

This review of § 1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court § 1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court § 1983 litigation, and the Supreme Court has begun to pay greater attention to state court § 1983 cases. Nonetheless, most § 1983 materials focus on the federal courts. Moreover, the few works addressing litigation of § 1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article seeks to bridge this gap by providing judges and lawyers with a broad overview of § 1983 litigation in the Ohio courts.Second, the article addresses a number of the unique procedural and remedial issues that have arisen, or are likely to arise, in § 1983 litigation in the Ohio courts. These issues are sometimes suggested by judicial opinions, but the special problems of litigating federal claims in state courts are often not fully appreciated or adequately addressed. Moreover, the article draws on § 1983 litigation from other state courts for insights and analysis not always available from federal court decisions. Finally, by taking an in-depth look at § 1983 litigation in a particular state, the article contributes to an understanding of what is actually happening in § 1983 litigation throughout the country

Wrongful Death Actions and Section 1983

This article examines the use of 42 U.S.C. Section 1983 in cases in which violations of federal law by state or local officials result in a death and the rules that govern the existence of the cause of action and the available damages. State remedies for the protection of individual rights from official misconduct are often inadequate, and public protection is frequently unavailing. Thus, many plaintiffs seek alternative remedies, and in recent years the estates, personal representatives and survivors of victims of wrongful killings have increasingly turned to federal law and federal courts. Section 1983, however, is a threadbare statute, and federal courts have generally looked to state law to supply details concerning its use as a wrongful death remedy. This article reviews these developments and the tensions inherent in the incorporation of state law to fill gaps in the Section 1983 cause of action when it is often the inadequacy of state law that influenced plaintiffs\u27 choice of federal remedies in the first place

Section 1983 Litigation in the Ohio Courts: An Introduction for Ohio Lawyers and Judges

This review of §1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court §1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court §1983 litigation, and the Supreme Court has begun to pay greater attention to state court §1983 cases. Nonetheless, most §1983 materials focus on the federal courts. Moreover, the few works addressing litigation of §1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article seeks to bridge this gap by providing judges and lawyers with a broad overview of §1983 litigation in the Ohio courts. Second, the article addresses a number of the unique procedural and remedial issues that have arisen, or are likely to arise, in §1983 litigation in the Ohio courts. These issues are sometimes suggested by judicial opinions, but the special problems of litigating federal claims in state courts are often not fully appreciated or adequately addressed. Moreover, the article draws on §1983 litigation from other state courts for insights and analysis not always available from federal court decisions. Finally, by taking an in-depth look at §1983 litigation in a particular state, the article contributes to an understanding of what is actually happening in §1983 litigation throughout the country

Book Review: 51 Imperfect Solutions: States and the Making of American Constitutional Law, by Hon. Jeffrey S. Sutton

The Hon. Jeffrey S. Sutton, a judge on the United States Court of Appeals for the Sixth Circuit, has written an excellent book on the importance of state constitutions as bulwarks against state abuse and the source of protections of individual rights. The book, 51 Imperfect Solutions: States and the Making of American Constitutional Law, argues that individual rights are more secure when both federal and state constitutional protections are strong. And our system of federalism and the quality of state and federal judicial decisions are improved when there are state constitutional safeguards