In this article, Sarah Jana discusses the Eleventh Circuit’s recent decision in Adams v. School Board of St. Johns County which declared that excluding transgender students from restrooms that align with their gender identity does not violate the Equal Protection Clause of the Fourteenth Amendment.
Rejecting Tangible Harm: The Case Against Harm Requirements in Title VII Lateral Transfer Actions
For decades, employees who faced discriminatory lateral job transfers had to show that they suffered a certain level of harm to have a valid claim against their employers. In June 2022, the D.C. Circuit held that employees no longer need to show harm to have a cause of action. In this article, Associate Member Adam Drapcho argues for the Supreme Court to adopt the D.C. Circuit’s interpretation and settle the circuit split.
UnSOLved: The Competing Policies of SOL, Title IX, and Everything In Between
Associate Member Hailey Martin explores the recent decision in the Sixth Circuit of Snyder-Hill v. Ohio State University exploring the implications of Title IX and the statute of limitations specifically in applying the discovery rule to Title IX claims—an area of first impression in this Circuit.
The High Cost of Affordable Vacationing: How Short-Term Rentals Are Driving Up Rent Prices
Photo by Andrea Davis on Unsplash Maddie Blesi, Associate Member, University of Cincinnati Law Review I. Introduction U.S. home prices have increased 18.8% over the past year and are growing six times faster than wages. One of the biggest reasons is the lack of inventory and the high number of potential buyers. The rental economy is facing the... Continue Reading →
Where’s the Harm: How Privacy Considerations Should Influence the Standing Inquiry in Telephone Consumer Protection Act Claims
Photo by Y W on Flickr Nathaniel Kinman, Associate Member, University of Cincinnati Law Review I. Introduction Consider the following scenario: You are midway through a busy workday, prioritizing client and job-related calls while similarly dealing with obligatory family matters. After a lengthy, contentious conference call, you realize you have an unread voicemail from an... Continue Reading →
Podcasting’s Plagiarism Problem
Photo by Will Francis on Unsplash Bailey Wharton, Associate Member, University of Cincinnati Law Review I. Introduction Author Brendan Koerner took to Twitter on Monday, April 11, to highlight his recent experience with a podcast “shameless[ly] rip[ping]-off” a story he wrote for the Atlantic last year. He tweeted that “no credit [was] given and the creator did no... Continue Reading →
Mystery in the Metaverse: Examining Whether a Website Qualifies as a Place of Public Accommodation under the ADA
Photo by Christopher Gower on Unsplash Lisa Rosenof, Associate Member, University of Cincinnati Law Review I. Introduction When Mark Zuckerburg announced in October 2021 that Facebook was rebranding itself as Meta, it created buzz surrounding the long-awaited concept of the “Metaverse.” Now, the Metaverse, a virtual reality-like online platform, is beginning to exert influence in all facets of... Continue Reading →
Effectuating Well Established Laws: Biden’s Ban on Workplace Raids
Photo by Scott 97006 on Flickr Mallory Perazzo, Associate Member, University of Cincinnati College of Law I. Introduction It has long been illegal for employers to retaliate against undocumented workers that bring labor disputes by threatening to report their immigration status to Immigration and Customs Enforcement (“ICE”). Nevertheless, there are countless stories of just that.... Continue Reading →
Analyzing Abuse of Prosecutorial Discretion in the RaDonda Vaught Verdict
Photo by Ante Samarzija on Unsplash Gabriel Cripe, Associate Member, University of Cincinnati Law Review I. Introduction RaDonda Vaught, a former nurse at Vanderbilt University Medical Center (“VUMC”), faces several years in prison following her conviction on March 25th for gross neglect of an impaired adult and negligent homicide. During the course of her employment at VUMC, Vaught... Continue Reading →
Claws Out: The Rise of Clawback Provisions in Legal Employment Contracts
Photo by Jossuha Théophile on Unsplash Margot Tierney, Associate Member, University of Cincinnati Law Review I. Introduction When agreeing to an employment contract, new employees often find themselves parsing through dense and confusing lines of the contract’s various provisions before signing on the dotted line. While reading through the terms of these contracts, fledgling lawyers often find that... Continue Reading →