Ohio’s Limits on Health Services in the Electronic Age

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

Telemedicine is a key innovation in the health care industry. Sharing patient information and physician services across long distances bridges a gap for patients across the world. Telemedicine’s benefits include access to services that would otherwise be unavailable; streamlined and efficient communication between patients and physicians; and the ever-important reduction of health care costs. The recent launch of “mHealth,” Continue reading “Ohio’s Limits on Health Services in the Electronic Age”

Concerted Activity in Social Media: The Future of Labor Activity

Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review

In today’s world of social media, employee interactions regarding their employers are becoming increasingly more public. Conversations that previously would have taken place in a private home or around the water cooler now take place online and may take many different shapes. Instead of a simple exchange of words, an interaction regarding one’s employer might include a re-tweet, a “like,” or a share. This poses a problem for those who must evaluate whether such activity is protected under the terms of the National Labor Relations Act (NLRA) Continue reading “Concerted Activity in Social Media: The Future of Labor Activity”

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 “THE DOUBLE EDGED SWORD: ELECTRONIC HEALTH RECORDS AND DATA BREACHES”

Migratory Bird Act: What Does Taking Mean?

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

The Migratory Bird Treaty Act (MBTA) makes it unlawful to “take” protected migratory birds.[1] However, using two methods of statutory interpretation, a circuit split has developed over different definitions of “take” under the MBTA. The first, narrower interpretation from the Fifth Circuit must involve the intentional killings of migratory birds.[2] The Fifth Circuit’s analysis is the most recent interpretation of the MBTA and is the more persuasive analysis to define “take.” Continue reading “Migratory Bird Act: What Does Taking Mean?”

The Food and Drug Administration: Regulation of Electronic Cigarettes

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

With so much of our daily lives being regulated by government agencies, it should come as no surprise that when a new product market emerges an administration will have something to say about it. Americans have been struggling with tobacco addictions since the early 1900s, and entrepreneurs have invented everything from hypnosis tapes, to nicotine gum, to skin patches to try and help users kick the habit. In the past few years, however, a new phenomenon has hit the states: the electronic cigarette. Continue reading “The Food and Drug Administration: Regulation of Electronic Cigarettes”

The FTC and Cybersecurity: Unfair Business Practices or Unfair Business Expectations

Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review

National Cybersecurity, or the lack thereof, has frequently been front and center in our national news these days. Despite the recent increase of cyber-attacks on corporate entities such as Target, Ashley Madison, and Anthem,[1] Congress has yet to pass an adequate cybersecurity bill that would protect our government, our infrastructure, and our private sector from cybersecurity attacks.[2] When Wyndham Hotels fell victim to cyber-attacks in 2008, it decided to fight the Federal Trade Commission’s (FTC) authority to declare business practices “unfair.” Continue reading “The FTC and Cybersecurity: Unfair Business Practices or Unfair Business Expectations”

The FTC: Cyber Security Savior or Data Dictator?

Author: Leanthony Edwards Jr., Associate Member, University of Cincinnati Law Review

Throughout the past few years, data privacy and cybersecurity have become hot topics within the U.S. legal system and the media. Last year, prominent U.S. corporations like Sony and Home Depot suffered major data breaches that caused significant financial and reputational harm for both the companies and consumers. In response to the increase in massive data breaches, President Obama featured cyber security issues prominently in the State of the Union address.[1] Although getting data security on the national agenda was an important breakthrough, the U.S. may suffer in the near future as a result of Congress’s failure to allocate appropriate resources toward devising a legitimate data security strategy. With dubious legislative authority, the Federal Trade Commission (FTC) has ordained itself the regulatory authority responsible for policing data security policies within the United States. This article highlights two lawsuits brought by the FTC that depict this most recent power grab and illustrate why the FTC’s assumption of this data security role is troublesome.

Continue reading “The FTC: Cyber Security Savior or Data Dictator?”