Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review The recent death of Justice Antonin Scalia has both political parties upset, as both parties want control in appointing the new Justice to replace him. Until Justice Scalia’s seat can be filled, the politically divided Supreme Court risks a 4-4 tie on almost all major... Continue Reading →
The First Amendment: Does the Government’s Intent Matter?
Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review The Supreme Court recently heard oral arguments on the political speech case, Heffernan v. City of Paterson.[1] The case involved Officer Heffernan, who was demoted from his position as a detective because his department believed that he was supporting the adverse mayoral candidate.[2] More specifically,... Continue Reading →
Tattoo Rights Inked Into The Constitution: Why Tattoos Are Protected Speech Under the First Amendment
Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review Tattoos often portray significant moments in a person’s life, mark rites of passage, show religious devotion, or express feelings towards others. Getting a tattoo allows someone to make “permanent that which is fleeting.”[1] Tattoos, which at one point were seen as a seedy tradition of... Continue Reading →
License to Tour? Charleston Tour Guides Challenge City’s Licensing Requirement
Author: Chris Gant, Contributing Member, University of Cincinnati Law Review It is not uncommon for laws to require an occupational license in order to work in a respective field. For example, jobs in medicine or law require passing examinations and certifications. Occupational licenses, however, become more controversial when they interfere with what may be a... Continue Reading →
Presidential Eligibility: The Meaning of ‘Natural Born Citizen’
Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review As the 2016 presidential hopefuls are making their way across the campaign trail, accusations about credibility, experience, and beliefs have been thrown at each candidate. One such accusation is that Ted Cruz may not be constitutionally eligible to run for President. Cruz was born in... Continue Reading →
Cyberbullying: When a Students’ Right to Free Speech Goes Too Far
Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review In October 2003, Ryan Halligan, a thirteen year-old from Vermont, hung himself after his personal and embarrassing secrets were disclosed by his “friend” on AOL Instant Messenger.[1] In October 2006, Megan Meier, a thirteen year-old from Missouri, hung herself because her neighbor, disguised as a... Continue Reading →
Brady Evidence Suppression Claims: Should Courts Require Criminal Defendants to Exercise Due Diligence during Discovery?
Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review When a criminal defendant enters a court room, the court controls the future of that defendant’s liberty. With so much at stake, criminal trial procedures should not require criminal defendants to exert additional effort in procuring beneficial evidence when the prosecutor has already discovered such... 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 →
Tinker Extended: Students’ Protection or School Tyranny?
Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review Taylor Bell, a high school senior, created a rap song regarding allegations that coaches sexually harassed Bell’s classmates.[1] Hoping to raise awareness to the issue, Bell posted his rap on Facebook, where it made its way to the school community.[2] The rap identified the coaches,... 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 →