In this article, Kathyrn McIlroy discusses the circuit split on whether testers of hotel reservation websites for ADA compliance have standing to sue for violations when they do not plan on booking a reservation, ultimately arguing that the testers do have standing to sue.
Phones Up, Don’t Shoot: Why the Right to Film Police Officers Must Be Recognized as Clearly Established
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.
Is the NCAA Above the Law?
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.
Having the “Right” Name: Examining the Eleventh Circuit’s Decision Concerning Detention of Arrestees Based on Mistaken Identity
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.
You Can’t Be Discriminated Against for Your Disability in Banks, Barber Shops, and Hospitals, but in One Circuit You Can Be in a Plasma Donation Center
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.
The Circuit Split on What Constitutes New Evidence in Habeas Corpus Proceedings
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.
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 →