The filming of police officers by citizens has played an important role in the movement for police reform and accountability. In this article, Sarah Jana explains the different ways that circuit courts across the country have addressed that right under the doctrine of qualified immunity and argues that the Supreme Court should declare that it is clearly established.
Caroline Hardig discusses student athletes’ battle with the NCAA over employee status in a new case, Johnson v. NCAA, which could create a circuit split.
In this article, Associate Member Kathyrn McIlroy discusses the circuit split on the rights of an individual detained under a valid arrest warrant based on mistaken identity, and ultimately advocates for greater protections for such individuals.
In this article, Caroline Hardig examines the circuit split over whether plasma donation centers fall under the definition of a service establishment protected by the ADA.
Associate Member Stephen Fox explains the circuit split on what constitutes new evidence when claiming actual innocence in a petition for writ of habeas corpus.
Associate Member Caroline Hardig examines two state laws effecting social media platforms, prompting the Eleventh Circuit and Fifth Circuit to decide differently on how to treat social media platforms under the First Amendment.
Madeline Pinto, Associate Member, University of Cincinnati Law Review I. Introduction The Rehabilitation Act[1] (“the R.A.” or “the Act”) provides that “[n]o otherwise qualified individual with a disability . . . shall, solely by the reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subject... Continue Reading →
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review The Family Medical Leave Act (FMLA) allows employees to take up to twelve weeks of unpaid leave to care for a family member with a serious health condition.[1] However, courts have struggled to interpret what “caring for” a family member must consist of under the... Continue Reading →
Author: Chris Gant, Contributing Member, University of Cincinnati Law Review You have probably heard the old saying that “timing is everything.” This statement is true in many aspects of life. For example, a well-timed joke can be the difference between laughter and awkward silence. In law, the time at which a cause of action begins... Continue Reading →
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... Continue Reading →
