Photo by Kelly Sikkema on Unsplash Emily Schmidt, Associate Member, University of Cincinnati Law Review I. Introduction In 2019, there were over 746,971 divorces across the United States.[1] In one case, after 13 years of marriage and with over $13,000 spent on counseling and attorney fees, two parties amicably requested a divorce in a hearing... Continue Reading →
Blog Articles
Mailbox Liability: Should a Landowner Owe a Duty of Care to Motorists that Strike their Mailbox?
Photo by A n v e s h on Unsplash Stephen Stafford, Associate Member, University of Cincinnati Law Review I. Introduction You are driving down a country road on a winter day when you suddenly lose control after hitting a patch of black ice. You crash into a wooden mailbox, and it breaks away, leaving your car slightly... Continue Reading →
Why Abolishing the Fourth Amendment Consent Exception is Long Overdue
Photo by TJ Kiely on Flickr Drew Lance, Associate Member, University of Cincinnati Law Review I. Introduction The Fourth Amendment is clearโโthe right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.โ[1] Yet the Supreme Court has carved out a niche that... Continue Reading →
Name Changes: Do We Need Judicial Discretion?
Photo by Jon Tyson on Unsplash Silver Flight, Associate Member, University of Cincinnati Law Review I. Introduction The legal name change process is one of many barriers to accurate identification faced by transgender people in the United States. A formal name change is necessary to use oneโs chosen name on all sorts of documents, ranging from driverโs licenses... Continue Reading →
Ohio Bill Exempts People with Serious Mental Illness from Death Penalty
Emily Schmidt, Associate Member, University of Cincinnati Law Review I. Introduction Mental Health America estimates that at least twenty percent of people on death row have a serious mental illness. On June 17, 2021, an Ohio court vacated two death sentences imposed upon David Braden, a man with a documented history of schizophrenia, resentencing him... Continue Reading →
It is Black and White: The persistent racialized nature of tax policy in housing
Photo by Pictures of Money on Flickr Caleigh Harris, Associate Member, University of Cincinnati Law Review I. Introduction The American dream most often includes a nuclear family, their loving golden retriever, a white-picket fence, andยญยญโof courseโthe suburban home. Homeownership in the United States is touted as one of the most secure investments and the best... Continue Reading →
What they do in the shadows: The Supreme Court’s increased use of the Orders List
Photo by swatjester on Flickr Caleigh Harris, Associate Member, University of Cincinnati Law Review I. Introduction On September 1, 2021, the Supreme Court of the United States, in a 5-4 decision, upheld Texas Senate Bill 8 in Whole Womanโs Health v. Jacksonโone of the most restrictive abortion bills in the country.[1] This decision did not... Continue Reading →
The Circuit Split on Whether Disability-Related Conduct is a Disability Itself
Photo by Towfiqu barbhuiya on Unsplash Mallory Perazzo, Associate Member, University of Cincinnati College of Law I. Introduction Federal Appellate Courts disagree on whether terminating an employee based on disability-related intoxication constitutes disability-related discrimination under the Americans with Disabilities Act (โADAโ).[1] It is crucial that the law recognize the significance of this question, as it impacts nearly 60 million... Continue Reading →
Oaths in a Covid World: The Benefits and Downfalls of Virtual Deposition Oaths
Photo by Compare Fibre on Unsplash Pat Mullinger, Associate Member, University of Cincinnati Law Review I. Introduction Since March of 2020, Covid-19 has rocked the legal field. The ordinary course of business changed within days, and all jurisdictions sought to adjust to the ever-changing state of Executive Health Orders.[1] In the pandemic landscape the worldโand more specifically the... Continue Reading →
No Judicial Co-Counsel: Does Allegedly Biased Judicial Questioning Constitute Structural Error and Automatic Reversal?
"Legal Gavel & Closed Law Book" by Visual Content is licensed under CC BY 2.0 Sara Leonhartsberger, Associate Member, University of Cincinnati Law Review I. Introduction In a jury trial, the judge is a neutral party, acting as an arbitrator to ensure both sides present their case lawfully and properly before the jury.[1] The jury serves as the fact-finder... Continue Reading →
