Author: A.J. Webb, Articles Editor, University of Cincinnati Law Review In recent years, numerous multinational law firms have declared bankruptcy amidst dwindling demand for legal services. Generally, the bankruptcy of a law firm is similar to that of any other debtor: a trustee must carefully scrutinize the debtor’s assets, ensuring their availability for distribution to... Continue Reading →
A Tail Is Not a Leg: Statutory Interpretation Games at the Ohio Supreme Court
Author: Colin P. Pool* It is often said that Abraham Lincoln, “faced with some thorny issue that could be settled by a twist of language,” would ask his questioner how many legs a dog would have if you called its tail a leg. “Five,” the questioner responds. “No,” Lincoln answers. “Calling a dog’s tail a... Continue Reading →
Secure Currency or Security? The SEC and Bitcoin Regulation
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review The Securities and Exchange Commission (SEC) took a bold step in the regulation of virtual currencies on July 23, 2013, when it charged Trendon Shavers and his company, Bitcoin Savings and Trust (BTCST), with defrauding customers in a Ponzi scheme.[1] The defense offered by Shavers... Continue Reading →
The Changing Tide of Employee Classification
Author: Brynn Stylinski, Associate Member, University of Cincinnati Law Review For years, many employers have chosen to hire independent contractors rather than employees because contractors are not entitled overtime or benefits like those under the Family and Medical Leave Act (FMLA), but employees are. Many workers have filed lawsuits against employers, alleging that they been... Continue Reading →
To Arbitrate, or Not to Arbitrate: A Question of Contractual Interpretation
Author: Collin L. Ryan, Associate Member, University of Cincinnati Law Review Arbitration. Most know and understand the term and its function for resolving differences. Yet if asked to classify the act of arbitrating a legal dispute under a broader category, where would the term fit? Is it an action? Is it a proceeding? Or is... Continue Reading →
What’s in a Name? A Look into the Washington Redskins Trademark Dispute
Author: Ashley Clever, Contributing Member, University of Cincinnati Law Review Many currently debate whether or not the Washington Redskins name and logo should be changed for disparaging Native Americans, but a closer look into trademark protection raises questions about the role of the United States Patent and Trademark Office (USPTO) and where this push for... Continue Reading →
My Sister’s Facebook Keeper: How Delaware Is Changing the Landscape of Online Asset and Account Management
Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review On August 12, 2014, Gov. Jack Markell signed the Fiduciary Access to Digital Assets and Digital Accounts Act (FADADAA),[1] which will make Delaware the first state to permit heirs to inherit a decedent’s digital accounts or assets.[2] The law will become effective on January 1,... Continue Reading →
College Athletes Demand Pay, But May Have Sacked Themselves
Author: Matt Huffman, Associate Member, University of Cincinnati Law Review The National Collegiate Athletic Association (NCAA) and its member schools collect hundreds of millions of dollars each year from the Football Bowl Subdivision (FBS) and Division I Basketball broadcasts and video games. The schools make a substantial amount of money from licensing players’ names, likenesses,... Continue Reading →
Kentucky’s Top Court Upholds Bar on Ineffective-Assistance-of-Counsel Waivers
Author: Brynn Stylinski, Associate Member, University of Cincinnati Law Review In a system where nine out of ten criminal cases end in pleas, debate over the ethics of plea bargain content is common. On August 21, the Kentucky Supreme Court effectively ruled that plea bargains in the state may not ethically include waivers of the... Continue Reading →
Free Speech in the Age of Terrorism & Mehanna v. United States: SCOTUS Passes Up an Opportunity to Clean Up an Old Mess
Author: Rebecca Dussich, Associate Member, University of Cincinnati Law Review In the order following the Supreme Court’s September conference, the Court declined to hear a case that would have clarified §§ 2339A and B of Title 18 of the U.S. Code and prevented unlawful encroachment on free speech rights. Tarek Mehanna, convicted of providing “material... Continue Reading →