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.
The Circuit Split on What Constitutes New Evidence in Habeas Corpus Proceedings
How Should Courts Treat Social Media Platforms Under the First Amendment?
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.
The Availability of Emotional Distress Damages Under the Rehabilitation Act
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 →
Is geographic location relevant when “caring for” a family member under the Family Medical Leave Act?
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 →
Green v. Brennan: Choosing the Appropriate Standard for Limitation Periods
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 →
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... Continue Reading →
Substantial Burden: Religious Accommodations Under the ACA
Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review In Burwell v. Hobby Lobby, the Supreme Court required the government to provide objecting employers with accommodations when their religious beliefs conflict with requirements of the Affordable Care Act.[1] Following the Supreme Court’s decision in Hobby Lobby a number of circuits... Continue Reading →
Conspiracy and the Scope of the Hobbs Act
Author: Chris Gant, Contributing Member, University of Cincinnati Law Review “You see that right there? Special Investigations Unit. Special. Get it? Ten grand. First of each month. Deliver it right here.”[1] This excerpt from the film American Gangster is an example of how a corrupt law enforcement officer might extort a criminal like Frank Lucas into... Continue Reading →
Governmental Invasion of Privacy: Warrantless Cellphone Tracking
Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review Cell phone use is now an essential part of daily life. Individuals use cell phones for entertainment, business, and as their main source of communication. The Stored Communications Act (“SCA”) allows a court to issue an order compelling third-parties to disclose stored electronic records to... Continue Reading →
A Real Life Monty Brewster: Can You Spend $30 Million To Escape From the IRS?
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review A current circuit split poses an imperative question: Can a hypothetical multi-millionaire, like Monty Brewster, spend his millions frivolously without fear of a tax penalty following him through bankruptcy?[1] The United States Bankruptcy Code generally allows debtors to discharge all debts arising prior to filing... Continue Reading →