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73 Clev. St. L. Rev. Et Cetera 1 (2024-2025)

handle is hein.journals/cvdstlw73 and id is 1 raw text is: 












CLEVELAND   STATE  LAW  REVIEW   ET CETERA


       VOLUME   73             NOVEMBER   19, 2024           PAGES  1-18




                THE LAST WORD ON THE OHIO
                           CONSTITUTION

          STEVEN  H. STEINGLASS*  & GINO J. SCARSELLI.** THE OHIO STATE
 CONSTITUTION,  2D ED. (NEW YORK:  OXFORD  UNIVERSITY  PRESS, 2022). XXIX + 661
                                      PP.

                         REVIEWED  BY JONATHAN   L. ENTINf

                                   CONTENTS
I.    JUDICIAL REVIEW  AND  JUDICIAL INDEPENDENCE......................................... 4
II.   THE  JUDICIARY AND  THE POLITICAL BRANCHES  ........................................... 6
III.  SEPARATION   OF POW ERS ............................................................................  10
IV .  R ACE AND  G ENDER ......................................................................................  13
V.    THE  NEW  JUDICIAL FEDERALISM  ................................................................  15
VI.   AMENDING   THE CONSTITUTION...................................................................  16



  * Dean Emeritus and Professor Emeritus, Cleveland State University College of Law. See
also STEVEN H. STEINGLASS, SECTION 1983 LITIGATION IN STATE AND FEDERAL COURTS (2023-
2024 ed. 2023). Dean Steinglass argued two important civil rights cases in the U.S. Supreme
Court and was on the briefs in a third. See Bd. of Regents v. Roth, 408 U.S. 564, 565 (1972)
(arguing a leading procedural due process case on behalf of an untenured state university
professor whose contract was not renewed after the professor criticized the administration's
response to student protests); Felder v. Casey, 487 U.S. 131, 133 (1988) (arguing on behalf of
an arrestee in a 42 U.S.C. § 1983 case holding that a state notice-of-claim statute was
preempted); Howlett ex rel. Howlett v. Rose, 496 U.S. 356, 358 (1990) (appearing on the briefs
on behalf of a former high school student who sued school officials under 42 U.S.C. § 1983 in
a case holding that a defense of sovereign immunity was not available in state court when that
defense would not be available had the case been brought in federal court).

  ** Member of the Ohio bar. See, e.g., Chapman v. Higbee Co., 319 F.3d 825, 827 (6th Cir.
2003) (en banc) (serving as counsel for amicus curiae supporting a successful plaintiff arguing
that 42 U.S.C. § 1981 prohibits private racial discrimination); Junger v. Daley, 209 F.3d 481,
482 (6th Cir. 2000) (representing the successful plaintiff in a case holding that the First
Amendment  protects computer code); see also Gino J. Scarselli, Tribute to Peter Junger, 58
CASE W. RSRV. L. REV. 325 (2008).

  t David L. Brennan Professor Emeritus of Law, Case Western Reserve University.


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