"U.S. Capitol Building_15"by US Department of State is licensed under CC BY-NC 2.0 Corey Bushle, Associate Member, University of Cincinnati Law Review I. Introduction On May 20, 2019 a D.C. District Court upheld the House of Representatives Oversight Committee’s power to conduct investigations pertinent to its legislative goals, even when those goals intersect with the... Continue Reading →
The Expanding Blocking Patent Doctrine: a Reversal of Burden of Proof?
"Patents, Pez #1" by etorov is licensed under CC BY-SA 2.0. Nathan Potter, Blog Editor, University of Cincinnati Law Review I. Introduction Overcoming obviousness is becoming increasingly difficult in some industries due to competitors seeking “blocking” patents.[1] A blocking patent is obtained by one patentee to restrict the make, use, sale, and/or export of an earlier... Continue Reading →
From $2 Billion to $87 Million: California Judge a saving Grace for Bayer’s Roundup Legal Trouble
"Courtroom Gavel"by bestlawdir is licensed under CC PDM 1.0 Kyle Greene, Blog Editor, University of Cincinnati Law Review Bayer’s Roundup weed killer product has been facing an onslaught of legal challenges in the last few years.[1] In particular, two separate juries in California federal court ruled against Bayer just in the past month.[2] In one... Continue Reading →
Justice Kennedy: To Swing or Not to Swing
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 →
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 →
Daily Fantasy Sports: Game Of Skill Or Game of Chance?
Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review Draftkings and FanDuel are online daily fantasy sports businesses (DFS).[1] In November of 2015, New York Attorney General (AG), Eric Schneiderman, declared that DFS is gambling, and thus unlawful.[2] The AG’s determination has reignited the discussion over DFS being a game of chance as opposed... Continue Reading →
Ohio Clarifies: Law Enforcement Cannot Conduct Unjustified Search of Vehicle Subsequent to a Recent Occupant’s Arrest
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 →
Deflated Again: The Court Got It Wrong in “Deflategate”
Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review Under the Collective Bargaining Agreement (CBA) of 2011, the National Football League (NFL) Commissioner, Roger Goodell, has the power to punish players for conduct detrimental to the integrity of the game of professional football. The NFL accused Tom Brady, the quarterback of the New England Patriots, of... Continue Reading →
Defining Lawful Activity in a State Employee Lifestyle Anti-Discrimination Statute
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review With many states legalizing marijuana for both medical and recreational use, employers have been faced with the difficult question of whether they can fire an employee for legally engaging in marijuana use. Employers generally have the right to fire employees for a good reason, a... Continue Reading →
The “Blurred Lines” of Copyright Scope
Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On March 10, 2015, a federal jury found that Robin Thicke and Pharrell Williams infringed a copyright owned by the heirs of Marvin Gaye, by copying substantially from Gaye’s song “Got to Give It Up” when they created their 2013 hit “Blurred Lines.”[1] While other... Continue Reading →