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... 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... 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... 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... 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... Continue Reading →