Monthly Archives: February 2016

THE DOUBLE EDGED SWORD: ELECTRONIC HEALTH RECORDS AND DATA BREACHES

Author: Andrea Flaute, Associate Member, University of Cincinnati Law Review

The conflict between technology and privacy does not stop at the hospital door. The emergence of a technology driven society has created a desire and push to incorporate all parts of life into electronic format, including personal health records (PHR). Although the enactment of the Health Insurance and Portability Accountability Act[1] pre-dates the technology boom,[2] the privacy protections it contains compliment the electronic records provisions included in the Health Information Technology for Economic and Clinical Health Act.[3] Continue reading

Green v. Brennan: Choosing the Appropriate Standard for Limitation Periods

Author: Chris Gant, Contributing Member, University of Cincinnati Law Review

 You have probably heard the old saying that “timing is everything.” This statement is true in many aspects of life. For example, a well-timed joke can be the difference between laughter and awkward silence. In law, the time at which a cause of action begins to accrue can be vital to a plaintiff’s case. If a plaintiff’s timing is off, the claim may never reach adjudication on the merits. In an upcoming decision, Green v. Brennan, the Supreme Court will resolve a federal circuit split Continue reading

Per Se Ban On Eyewitness Expert Testimony in Louisiana: Why the Court Should Grant Certiorari

Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review

On November 2, 2015, the United States Supreme Court denied certiorari to Darrill Henry in a Louisiana case concerning eyewitness expert testimony.[1] Louisiana has a per se ban on eyewitness expert testimony.[2] Eyewitness testimony is a key component of our criminal justice system; however, a per se ban on eyewitness expert testimony is bad public policy. To reduce the rate of wrongful convictions, experts should have the opportunity to explain to jurors the pitfalls of eyewitness testimony. Continue reading

Brady Evidence Suppression Claims: Should Courts Require Criminal Defendants to Exercise Due Diligence during Discovery?  

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review

When a criminal defendant enters a court room, the court controls the future of that defendant’s liberty. With so much at stake, criminal trial procedures should not require criminal defendants to exert additional effort in procuring beneficial evidence when the prosecutor has already discovered such beneficial evidence. Continue reading