Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review
For four decades, homosexuality has not been considered a mental disease or defect. Nonetheless, many parents attempt to subject their children to sexual orientation change efforts (SOCE) to ensure their maturation in a heteronormative lifestyle despite the many negative physical and mental health effects SOCE can have on an individual. Both California and New Jersey passed laws banning the practice of SOCE on minors by licensed mental health providers. Both of these laws were challenged and upheld in Pickup v. Brown and King v. Governor of New Jersey, respectively. Although the Ninth and Third Circuits upheld the laws, the level of scrutiny each court applied to the laws differed. The Ninth Circuit’s rational basis analysis ultimately favors opponents of SOCE, but the Third Circuit’s more practical and precise intermediate scrutiny analysis is the better of the two.
Continue reading “Scrutinizing the Conversion of Scrutiny Applied to Conversion Therapy: A Ninth and Third Circuit Split”
Author: Collin L. Ryan, Associate Member, University of Cincinnati Law Review
Arbitration. Most know and understand the term and its function for resolving differences. Yet if asked to classify the act of arbitrating a legal dispute under a broader category, where would the term fit? Is it an action? Is it a proceeding? Or is it something entirely separate and apart from such umbrella terminology, incapable of categorization? A current circuit split exists regarding that precise issue. Specifically at issue is whether a party’s right to arbitrate a dispute is encompassed and superseded by a forum selection clause stating that “all actions and proceedings” be brought in a particular court, thus precluding the party’s right to commence arbitration. The correct approach is that of the Fourth Circuit, which has held that arbitration rights are not precluded by this forum selection clause.
Continue reading “To Arbitrate, or Not to Arbitrate: A Question of Contractual Interpretation”