Joanna Swaiss discusses how Ohioโs biological evidence retention statute lacks a remedy for criminal defendants when governmental entities violate it. She argues that this lack of remedy severely disadvantages wrongfully convicted individuals who stand to benefit from evidence preservation, and she proposes an avenue for post-conviction relief in cases of intentional evidence destruction.
No Parking Any Time: State Legislation Preempting Local Minimum Parking Requirements
Andrew Pyles discusses the Northern Illinois Transit Authority Act, which forbids local governments from requiring parking around transit stations, focusing on whether states should preempt local land-use laws through sweeping legislation.
Steps, Sleep, Safety: Rethinking Privacy for Wearable Health Devices
Katie Bunch examines how wearable healthcare devices collect sensitive health data that often falls outside of HIPAA protections. She explores potential gaps in federal and state privacy laws and argues for stronger consent requirements, expanded HIPAA coverage, and more uniform protections to ensure consumersโ health information is safeguarded as technology continues to advance.
Below the Floor: How States are Challenging Federal Child Labor Law
Maggie Traubert explores how recent state efforts to expand youth employment create conflicts with federal child labor laws, leaving businesses uncertain of the law and young workers potentially at risk of abuse. The article examines how state child labor statutes disrupt the cooperative federalism model, function as โzombie laws,โ exploit enforcement gaps, and impose asymmetric legal burdens on businesses.
“Forever Chemicals”: The Shifting Landscape of PFAS Regulation
Brookelynn Stone discusses the current PFAS regulatory landscape and the harmful effects these forever chemicals have on communities throughout the United States. She contends that the current EPAโs actions regarding delaying compliance timelines and weakening reporting requirements for importers and manufacturers undermines public health. She discusses the need for a more coordinated and stable approach to address PFAS as the current patchwork of state level regulations and a fragmented federal approach is insufficient to address issues concerning public health.
Legislating in the Digital Age: Ohio’s Attempt to Implement Age-Based Restrictions on Access to Social Media Platforms
In this article, Stella Brocker explores a currently blocked Ohio law that would impose age-based restrictions on social media usage, causing such use by minors to be subject to parental consent. She analyzes the constitutional issues implicated by such legislation and considers alternative regulatory strategies for lawmakers that may be better suited to address the harms associated with youth social media use and access.
Protections For Some Or Protections For All: The Implications Of Ohio House Bill 457
Devin Scarborough explores the apparent surge in politically motivated violence and examines the recently introduced Ohio House Bill 457 in combatting this violence. She argues that HB 457 inadequately addresses political violence, fails to deter future crime, and utilizes vague and underinclusive language. Ultimately, although she agrees that political violence must be addressed, she argues that legislators should pursue more effective methods in the fight against political violence and calls for HB 457 to be amended.
When The Law Won’t Die: The Real Problem With America’s “Zombie Laws”
Brooke Karsteter examines the dangers posed by obsolete laws and constitutional provisions that remain on the books, arguing that these โzombie lawsโ threaten the integrity of constitutional interpretation and the rule of law itself.
Bars Behind Bars: When Song Lyrics Become Criminal Evidence
Joshua Smith examines the prosecution of rapper Young Thug and his record label, Young Stoner Life, focusing on the permissibility of rap lyrics as evidence in criminal trials. It explores the tension between artistic expression and free speech, analyzing key rulings and legal standards while situating the case within broader debates on race, cultural biases, and First Amendment boundaries.
Careful How You Cut That! Critiquing Ohio’s “Boneless Wing” Case and the Bill Proposed to Fix It
In this article, JT DeGrinney critiques Ohioโs proposed Senate Bill 38, which was introduced in response to the Supreme Court of Ohioโs controversial Berkheimer v. REKM, L.L.C. decision about โbonelessโ chicken wings. He suggests that the bill as currently written might not achieve its desired effect and proposes changes that might help the bill accomplish its intended purpose.
