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 →
Ohio’s Limits on Health Services in the Electronic Age
Author: Andrea Flaute, Associate Member, University of Cincinnati Law Review Telemedicine is a key innovation in the health care industry. Sharing patient information and physician services across long distances bridges a gap for patients across the world. Telemedicine’s benefits include access to services that would otherwise be unavailable; streamlined and efficient communication between patients and... Continue Reading →
The First Amendment: Does the Government’s Intent Matter?
Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review The Supreme Court recently heard oral arguments on the political speech case, Heffernan v. City of Paterson. The case involved Officer Heffernan, who was demoted from his position as a detective because his department believed that he was supporting the adverse mayoral candidate. More specifically,... Continue Reading →
Tattoo Rights Inked Into The Constitution: Why Tattoos Are Protected Speech Under the First Amendment
Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review Tattoos often portray significant moments in a person’s life, mark rites of passage, show religious devotion, or express feelings towards others. Getting a tattoo allows someone to make “permanent that which is fleeting.” Tattoos, which at one point were seen as a seedy tradition of... Continue Reading →
When is it legal for an employer to discriminate in their hiring practices based on a Bona Fide Occupation Qualification?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Although it is illegal for an employer to discriminate against an employee based on the individual’s sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a "bona fide occupational qualification” (BFOQ). Courts have upheld... Continue Reading →
Should States Preempt Local Governments from Passing Higher Minimum Wage Ordinances?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review While the federal government sets a minimum wage that is the nationwide “floor,” many state legislatures have passed their own laws requiring a minimum wage above the federal minimum. Recently, individual cities and localities have further tried to account for inflation and higher-cost living expenses... Continue Reading →
Presidential Eligibility: The Meaning of ‘Natural Born Citizen’
Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review As the 2016 presidential hopefuls are making their way across the campaign trail, accusations about credibility, experience, and beliefs have been thrown at each candidate. One such accusation is that Ted Cruz may not be constitutionally eligible to run for President. Cruz was born in... 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). In November of 2015, New York Attorney General (AG), Eric Schneiderman, declared that DFS is gambling, and thus unlawful. The AG’s determination has reignited the discussion over DFS being a game of chance as opposed... Continue Reading →
Is geographic location relevant when “caring for” a family member under the Family Medical Leave Act?
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review The Family Medical Leave Act (FMLA) allows employees to take up to twelve weeks of unpaid leave to care for a family member with a serious health condition. However, courts have struggled to interpret what “caring for” a family member must consist of under the... 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. Leak examined two such exceptions—a search incident to a lawful arrest and inventory searches done pursuant to law enforcement’s community-caretaking function. The Ohio... Continue Reading →