Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On March 10, 2015, a federal jury found that Robin Thicke and Pharrell Williams infringed a copyright owned by the heirs of Marvin Gaye, by copying substantially from Gaye’s song “Got to Give It Up” when they created their 2013 hit “Blurred Lines.”[1] While other... Continue Reading →
Three Strikes and (Maybe) You’re Out: Coleman v. Tollefson
Author: Chris Gant, Associate Member, University of Cincinnati Law Review The adage borrowed from baseball, “three strikes and you’re out,” is used in law in different contexts. Many states have enacted “three-strikes” laws to punish repeat offenders: under these laws, a criminal receives a much longer sentence on his third conviction.[1] Another example is found... Continue Reading →
Eleventh Amendment Immunity in the Eleventh Circuit
Author: Brynn Stylinski, Associate Member, University of Cincinnati Law Review In Pellitteri v. Prine, the Eleventh Circuit ruled that a Georgia sheriff, in hiring and firing deputies, acts as an arm of the state and is therefore entitled to immunity under the Eleventh Amendment.[1] The plaintiff in Pellitteri was a former sheriff’s deputy who had... Continue Reading →
Revising the National Letter of Intent
Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review Within the past few years, the rights, or lack thereof, of college athletes have received significant media attention. One of those discussions centers on the arguably lopsided nature of the National Letters of Intent (NLI) that many student-athletes sign each year. The NLI is a... Continue Reading →
Warrantless Searches for Probationers: The Reasonableness of SCOTUS’s Balancing Test
Author: Collin L. Ryan, Associate Member, University of Cincinnati Law Review When convicted felons are released on probation, may officers conduct a warrantless search of their homes without violating any constitutional rights protected under the Fourth Amendment? The Supreme Court, by conducting a balancing test, holds that officers may do so when they have a... Continue Reading →
Vaccinate All Children: Not Only Is It Legal, but It Benefits Everyone
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review Vaccines, a medical technology that has existed since the late 1700s, have again become front-page news due to a recent measles outbreak. Despite previously being eliminated in the United States, in 2015 there have been more than 100 confirmed cases of the disease in California... Continue Reading →
The Legality of Preventing Future Crime: Johnson v. United States
Author: Chris Gant, Associate Member, University of Cincinnati Law Review “Minority Report” is a futuristic science fiction film in which crime is thwarted before it takes place.[1] In the film, a specialized police department, “Precrime,” apprehends would-be murderers before the murder is committed. Clairvoyant “Precogs” indicate that someone will commit a murder and Precrime apprehends... Continue Reading →
As Different as Violins and Violas: Why Public Records Requests Are Not the Same as Discovery
Authors: Jack Greiner and Zoraida Vale, Graydon Head & Ritchey We heard a joke the other day that went something like this. Q: “What’s the best way to keep your violin from being stolen?” A: “Put it in a viola case.” Did we mention we heard the joke on NPR? Somewhere, some classical music buffs... Continue Reading →
Article V Convention: Can It be Controlled?
Author: Matt Huffman, Associate Member, University of Cincinnati Law Review Article V of the United States Constitution provides two methods to amend the Constitution. Under the traditional method, Congress can propose amendments once two-thirds of both houses of Congress approve the proposal. The second method, known as an “Article V Convention,” has never been used.... Continue Reading →