Monthly Archives: April 2016

When is it legal for an employer to discriminate in their hiring practices based on a Bona Fide Occupation Qualification?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review

Although it is illegal for an employer to discriminate against an employee based on the individual’s sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a “bona fide occupational qualification” (BFOQ). Courts have upheld discrimination on the basis of sex for some BFOQ that impact employee safety, but even then exceptions apply. Continue reading

Should States Preempt Local Governments from Passing Higher Minimum Wage Ordinances?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review

 While the federal government sets a minimum wage that is the nationwide “floor,” many state legislatures have passed their own laws requiring a minimum wage above the federal minimum. Recently, individual cities and localities have further tried to account for inflation and higher-cost living expenses by passing local minimum wages above the state and federal minimums. Continue reading

Presidential Eligibility: The Meaning of ‘Natural Born Citizen’

Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review

As the 2016 presidential hopefuls are making their way across the campaign trail, accusations about credibility, experience, and beliefs have been thrown at each candidate. One such accusation is that Ted Cruz may not be constitutionally eligible to run for President. Cruz was born in Canada to an American mother and Cuban father.[1] While this makes him a citizen at birth, there are questions about whether this makes him a “natural born citizen”. Continue reading

The Seventh Circuit Revisits Standing for Data Breach Class Actions

By Zachariah DeMeola, Guest Editor, BakerHostetler
Link to original post: http://bit.ly/1pOpf9K 

 

One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate against the potential misuse of stolen data, such as utilizing credit monitoring services, are sufficient to confer Article III standing. Since the U.S. Supreme Court issued its decision in Clapper v. Amnesty International USA, Continue reading

Daily Fantasy Sports: Game Of Skill Or Game of Chance?

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

Draftkings and FanDuel are online daily fantasy sports businesses (DFS).[1] In November of 2015, New York Attorney General (AG), Eric Schneiderman, declared that DFS is gambling, and thus unlawful.[2] The AG’s determination has reignited the discussion over DFS being a game of chance as opposed to a game of skill, which is a determining factor in whether or not DFS constitutes gambling. Continue reading