Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review Under the Fourth Amendment, absent an impartial and neutral judge or magistrate, warrantless searches are unconstitutional, subject to only a few exceptions.[1] Leak examined two such exceptions—a search incident to a lawful arrest and inventory searches done pursuant to law enforcement’s community-caretaking function.[2] The Ohio... Continue Reading →
Criminalization of HIV in Ohio
Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review According to the Centers for Disease Control and Prevention (CDC), 1.1 million Americans are living with Human Immunodeficiency Virus (HIV).[1] In Ohio alone, there are 19,352 people who have been diagnosed with HIV.[2] In response to the Acquired Immunodeficiency Syndrome (AIDS) Crisis of the 1980s,... Continue Reading →
Ohio’s Marijuana Oligopoly Concerns
Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review This November, Ohioans will have the opportunity to vote on Issue Three, a proposed state constitutional amendment legalizing the recreational use of marijuana. Ohio would only be the fifth state to legalize recreational marijuana and the first Midwestern state to do so. Potential marijuana producers,... Continue Reading →
Ohio’s School Voucher Program; Are Lawmakers Establishing a Religion or Just Doing Their Jobs?
Author: Matt Huffman, Associate Member, University of Cincinnati Law Review In 2014, Americans rated “education” as a top area of concern and as one of the most important problems facing the country.[1] Education is a social, political, and economic issue, and quality education is viewed as critical for both individual and societal success. While the... Continue Reading →
As Different as Violins and Violas: Why Public Records Requests Are Not the Same as Discovery
Authors: Jack Greiner and Zoraida Vale, Graydon Head & Ritchey We heard a joke the other day that went something like this. Q: “What’s the best way to keep your violin from being stolen?” A: “Put it in a viola case.” Did we mention we heard the joke on NPR? Somewhere, some classical music buffs... Continue Reading →
Fantasy Football: Better to Be Good Than Lucky
Author: Matt Huffman, Associate Member, University of Cincinnati Law Review In 2014, nearly 37 million people will participate in a fantasy football league.[1] As the game’s popularity has grown, it has drawn unwanted attention from state officials questioning the legality of betting on fantasy football. While a small group of friends drafting fantasy football teams... Continue Reading →
A Tail Is Not a Leg: Statutory Interpretation Games at the Ohio Supreme Court
Author: Colin P. Pool* It is often said that Abraham Lincoln, “faced with some thorny issue that could be settled by a twist of language,” would ask his questioner how many legs a dog would have if you called its tail a leg. “Five,” the questioner responds. “No,” Lincoln answers. “Calling a dog’s tail a... Continue Reading →
Follow Up: “The Davis Good Faith Exception to the Exclusionary Rule”
On September 24, 2014, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. Sudinia Johnson, 2013-1973. At issue was "whether, in the absence of binding appellate precedent, the Davis good faith exception to the exclusionary rule can apply to prevent the suppression of evidence when the officer who committed... Continue Reading →