It’s Back! Senate Joint Resolution to Create Commission for Public Office Pay Increases

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Late in the last General Assembly, SJR 9 was passed by the Senate.  This joint resolution proposed to amend the Ohio Consitution to create a Public Office Compensation Commission.  The Commission would review and set pay for lawmakers, constitutional officers, judges and others.  Currently, the General Assembly has authority over pay raises for public officers.  […]

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Symposium: State Constitutions in the United States Federal System

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When: March 6, 2015, 8:30 a.m. to 5 p.m. Where: Saxbe Auditorium, Moritz College of Law, Ohio State University Sponsored by: Ohio State Law Journal “State Constitutions in the United States Federal System: An Exploration of the Construction, Execution, and Interpretation of State Founding Documents,” will explore the various structural aspects of state constitutional law.

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Upcoming Free CLE Lecture: The History and the Future of the Ohio Constitution

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When:  Wed, 03/04/2015 – 5:00pm – 6:00pm Where:  Cleveland-Marshall College of Law, 1801 Euclid Ave, Cleveland, Ohio 44115 (Moot Court Room) [map] Speaker: Dean Emeritus Steven Steinglass, senior policy advisor for the bipartisan Ohio Constitutional Modernization Commission. Dean Steinglass will discuss the history of constitutional revision in Ohio, and the Ohio Constitutional Modernization Commission’s current

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Ohio Supreme Court to Decide Whether Ohio Constitution Affords More Protection Against Unlawful Searches and Seizures Than U.S. Constitution

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In State v. Brown, 6th Dist. No. WD-12-070, 2013-Ohio-5351, the Sixth District Court of Appeals found that evidence obtained from a traffic stop outside the officer’s jurisdiction had to be excluded pursuant to Art. I, Section 14 of the Ohio Constitution, which prohibits unlawful searches and seizures.  The search and seizure did not violate the

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Names Revealed of Those Getting Grower’s Rights Under Marijuana Legalization Proposal

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ResponsibleOhio revealed the names of the ten investors who would receive rights to ten marijuana growing sites under the group’s proposal to legalize marijuana.  See Cleveland.com, Ohio marijuana legalization investors include Frostee Rucker, Oscar Robertson.  The group responded to criticism that their proposal creates a monopoly by saying their plan, “allows thousands of entrepreneurs to

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Does the Ohio Municipal Tax Reform Act Violate Home Rule?

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Recently enacted Ohio legislation, H.B. 5, imposes numerous changes on municipal taxes, including: Employers do not have to withhold municipal tax for an employee until the employee has worked 20 days in the municipality (it used to be 12). For municipal tax purposes, companies can carry forward net operating losses for five years to offset

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Admitting Psychologist’s Testimony of Defendant’s Feigned Mental Illness Violated Right to Self-Incrimination, When Defendant Had Withdrawn Mental Capacity Defense

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Yesterday, the Ohio Supreme Court decided that when a defendant asserts a mental-capacity defense and then abandons it, psychologist’s testimony regarding defendant’s feigning of mental illness violates defendant’s right against self-incrimination guaranteed by Article I, Section 10 of the Ohio Constitution and the Fifth Amendment to the United States Constitution. State v. Harris, Slip Opinion

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U.S. Supreme Court to Review Ohio Ban on Same-Sex Marriage

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The Supreme Court agreed to hear cases upholding bans in four states on same-sex marriages and  recognition of same-sex marriages legally performed in other states.   The four states involved are Ohio, Kentucky, Michigan and Tennessee.   The Court accepted two issues for review: 1) Does the Fourteenth Amendment require a state to license a marriage between two

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OCMC Judiciary Committee Recommends Deleting Unused Constitution Sections

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The Ohio Constitutional Modernization Commission’s (OCMC) Judicial Branch and Administration of Justice Committee voted yesterday to recommend repealing two sections of the Ohio Constitution which are no longer used: Article IV, Section 19 – Courts of Conciliation  (It has never been used and not needed as an alternative dispute resolution mechanism.) Article IV, Section 22

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