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Authors

David M. Gareau

Abstract

This note will explain why Ohio's Constitution should be looked to as the source of meaningful remedy when its provisions are violated. I will demonstrate that a cause of action grounded upon a violation of the Ohio Constitution is not only meaningful, but necessary to the notion of constitutional rights. Section two will briefly discuss the necessity of allowing a cause of action to arise from a violation of the Ohio Constitution. In particular, I will discuss the independence of the Ohio Constitution; the federal courts' increasing hostility toward the vindication of federal constitutional rights; and the benefit of allowing the aggrieved a choice, with respect to the vindication of his constitutional rights, between remedies offered under federal law and those afforded under Ohio law.

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