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 →
Lack of Consideration Could Lead to Lack of Protection
Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review Discrimination and equal pay have been brought back into the public eye through recent celebrity revelations of huge disparities between the salaries of actors and actresses and the boycott of the Oscars by several stars. These issues have long been a part of our society,... Continue Reading →
Concerted Activity in Social Media: The Future of Labor Activity
Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review In today’s world of social media, employee interactions regarding their employers are becoming increasingly more public. Conversations that previously would have taken place in a private home or around the water cooler now take place online and may take many different shapes. Instead of a... 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 →
The Gender Advancement in Pay Act: The GAP Act Leaves Some Holes
Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review On September 22, 2015, Republican Senator Kelly Ayotte submitted the Gender Advancement in Pay Act (GAP Act) to the Senate.[1] The GAP Act proposes an amendment to the Fair Labor Standards Act (FLSA), as amended by the Equal Pay Act, in order to provide greater... 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 →
To Pay or Not to Pay: Should Interns be Considered Employees under the Fair Labor Standards Act
Author: Brynn Stylinski Contributing Member University of Cincinnati Law Review The Fair Labor Standards Act (FLSA) requires employers to pay every employee a minimum wage and to pay overtime for any hours worked over forty hours per week. However, whether a worker qualifies as an employee has been debated for years.[1] Earlier this year, the... Continue Reading →
Workers Held Hostage by Employee Contracts: An Issue of Standing?
Author: Brynn Stylinski, Associate Member University of Cincinnati Law Review On April 8, 2015, the U.S. District Court for the Northern District of Illinois dismissed a class action suit against the restaurant chain Jimmy John’s for lack of standing.[1] The complaint involved a requirement that all employees sign an unduly-restrictive Confidentiality and Non-Competition Agreements.[2] The plaintiffs,... Continue Reading →
Planting Innovation: A Look into Plant Patent Protection and the Deficiencies of the Plant Protection Act and Plant Variety Protection Act
Author: Ashley J. (Clever) Earle, Contributing Member, University of Cincinnati Law Review When thinking about patent protection, most individuals likely picture what patent attorneys describe as a “widget”—a physical, mechanical invention. Patent protection however, covers a much broader spectrum of inventions. It may seem natural to grant patents to protect new innovations such as chemical... Continue Reading →
Design Patents: How Close Is Too Close? Vacillating Court Decisions Provide Little Guidance, as Shown in Apple v. Samsung
Author: Ashley Clever, Contributing Member, University of Cincinnati Law Review When marketing a new product, a business will often need to protect both the functionality and the overall design of a product to prevent competitors from producing an identical copy. While a utility patent covers a product’s functional features—how it works and what it does,... Continue Reading →