Blog Articles

Residential or Commercial: Legal Ambiguity in Short-Term Rental Regulation

Katie Bunch examines the legal regulation of short-term rental platforms under municipal zoning law, analyzing how traditional land use classifications, varying ordinance language, and differing judicial interpretations influence the treatment of Airbnb and Vrbo properties. She evaluates how clearer statutory definitions and balancing approaches could reduce ambiguity and improve consistency in zoning enforcement.

Elon Musk’s Twitter Acquisition: Securities Fraud Regulation on Social Media

Stella Brocker analyzes a recent class-action lawsuit against Elon Musk, where a jury found that he committed securities fraud during his 2022 Twitter acquisition. She analyzes whether Muskโ€™s actions legally constituted securities fraud and the broader policy implications of this verdict. Ultimately, she argues that the current securities fraud regulations should be modified to allow for actions brought under a lower standard of culpability to hold rich and powerful actors accountable for negligent behavior on social media.

Fueling a Trademark Fight: Buc-ee’s and Mickey’s Gas Station Dispute

Josh Smith explores a recent trademark infringement lawsuit filed by the well-known gas station brand, Buc eeโ€™s, against Mickeyโ€™s, a regional gas station in northeast Ohio. This article examines the application of the Lanham Act to the facts of the case while also considering whether Buc eeโ€™s is asserting a trademark overreach rather than protecting a legally distinctive and enforceable mark.

A Retreat from Equality: How Rodriguez Reshaped the Right to Education

Maggie Traubert explores how San Antonio Independent School District v. Rodriguez reshaped the constitutional landscape of public education by declining to recognize education as a fundamental right and permitting funding disparities based on local property wealth. The article traces the historical commitment to educational equality from early American ideals through Brown v. Board of Education, and argues that Rodriguez marked a retreat from those principles. The result is a system in which educational opportunity remains closely tied to wealth, with enduring consequences for equity and access.

Addressing the Lack of Statutory Remedy for Violations of Ohio Revised Code ยง 2933.82

Joanna Swaiss discusses how Ohioโ€™s biological evidence retention statute lacks a remedy for criminal defendants when governmental entities violate it. She argues that this lack of remedy severely disadvantages wrongfully convicted individuals who stand to benefit from evidence preservation, and she proposes an avenue for post-conviction relief in cases of intentional evidence destruction.

Estรฉe Lauderย v. Walmart: The Rise of E-Commerce and the Issue of Brand Protection

Brookelynn Stone examines the recently filed case Estรฉe Lauder Inc. et al. v. Walmart Inc. et al., which accuses Walmart of trademark infringement and seeks to hold Walmart accountable for non-genuine products sold by third party sellers on its online marketplace. She explores the key issues likely to shape the outcome of the case and what a ruling in favor of the plaintiffs could signal to large e-commerce platforms and its potential impact on the future of third-party sales.

Is Social Media the Next Big Tobacco? Public Nuisance Litigation and the Limits of Section 230

Kennedy Aikey examines the growing wave of litigation against major social media companies, specifically the recent case holding Meta and YouTube liable, and asks whether social media could become the next Big Tobacco. She explores how plaintiffs use nuisance theories to argue that platforms such as Meta, YouTube, TikTok, and Snap Inc. intentionally designed addictive platforms that harm youth mental health. She also analyzes whether claims that focus on the design of social media platforms, rather than on user-generated content, could allow plaintiffs to bypass the liability shield created by Section 230 of the Communications Decency Act.

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