Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On March 2, 2015, the United States Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to cancel David Couture’s registration on the mark PLAYDOM.[1] The Federal Circuit found that Couture, who applied to register the mark on... Continue Reading →
Bankruptcy Discharges: Why Courts Should Discharge the Civil Contempt Standard for “Refusals”
Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review Because of the Great Recession beginning around 2008, the number of bankruptcy filings increased by nearly 150% between 2008 and 2010, before leveling off in recent years.[1] With the increased caseload on bankruptcy courts came increased confusion about some of the Bankruptcy Code’s provisions. Recently,... 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 →
Narrow Definitions: The Courts’ Resistance to the ADA Amendments Act
Author: Brynn Stylinski Associate Member University of Cincinnati Law Review The Americans with Disabilities Act (ADA) was passed in 1990 to protect individuals with disabilities from discrimination by private employers, among other entities.[1] Title I of the ADA prohibits employers from discriminating against “a qualified individual on the basis of disability in regard to” the... Continue Reading →
Robbing Peter to Pay Paul: Irving Picard’s Quest to Repay Bernie Madoff’s Victims
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review Charles Ponzi did not intend to have his name become synonymous with financial fraud; he intended to get rich quickly. While he was not the first to perpetrate such a scheme, Ponzi’s name is attached to a type of fraud in which a fund pays... Continue Reading →
Unwarranted Amendments: Criminal Procedure Rule 41 Alteration Goes Too Far
Author: Jon Kelly, Associate Member, University of Cincinnati Law Review The state of modern technology has created many challenges for the existing legal framework.[1] The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States (Advisory Committee) is currently deliberating two proposed changes to the search and seizure requirements of... Continue Reading →
Arizona’s Battle to Retain Its Independent Redistricting Commission: When “Legislature” Doesn’t Really Mean “Legislature”
Author: Rebecca Dussich, Associate Member, University of Cincinnati Law Review Although racial gerrymandering has been ruled unconstitutional,[1] political gerrymandering has not yet been explicitly rejected by the courts and is even supported by some as an acceptable mechanism for drawing congressional district maps.[2] However, in a political landscape where race, gender, religion, education level, and... 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 →
Three Strikes and (Maybe) You’re Out: Coleman v. Tollefson
Author: Chris Gant, Associate Member, University of Cincinnati Law Review The adage borrowed from baseball, “three strikes and you’re out,” is used in law in different contexts. Many states have enacted “three-strikes” laws to punish repeat offenders: under these laws, a criminal receives a much longer sentence on his third conviction.[1] Another example is found... Continue Reading →
Eleventh Amendment Immunity in the Eleventh Circuit
Author: Brynn Stylinski, Associate Member, University of Cincinnati Law Review In Pellitteri v. Prine, the Eleventh Circuit ruled that a Georgia sheriff, in hiring and firing deputies, acts as an arm of the state and is therefore entitled to immunity under the Eleventh Amendment.[1] The plaintiff in Pellitteri was a former sheriff’s deputy who had... Continue Reading →