Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review Within the past few years, the rights, or lack thereof, of college athletes have received significant media attention. One of those discussions centers on the arguably lopsided nature of the National Letters of Intent (NLI) that many student-athletes sign each year. The NLI is a... Continue Reading →
Warrantless Searches for Probationers: The Reasonableness of SCOTUS’s Balancing Test
Author: Collin L. Ryan, Associate Member, University of Cincinnati Law Review When convicted felons are released on probation, may officers conduct a warrantless search of their homes without violating any constitutional rights protected under the Fourth Amendment? The Supreme Court, by conducting a balancing test, holds that officers may do so when they have a... Continue Reading →
Vaccinate All Children: Not Only Is It Legal, but It Benefits Everyone
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review Vaccines, a medical technology that has existed since the late 1700s, have again become front-page news due to a recent measles outbreak. Despite previously being eliminated in the United States, in 2015 there have been more than 100 confirmed cases of the disease in California... Continue Reading →
The Legality of Preventing Future Crime: Johnson v. United States
Author: Chris Gant, Associate Member, University of Cincinnati Law Review “Minority Report” is a futuristic science fiction film in which crime is thwarted before it takes place.[1] In the film, a specialized police department, “Precrime,” apprehends would-be murderers before the murder is committed. Clairvoyant “Precogs” indicate that someone will commit a murder and Precrime apprehends... Continue Reading →
Article V Convention: Can It be Controlled?
Author: Matt Huffman, Associate Member, University of Cincinnati Law Review Article V of the United States Constitution provides two methods to amend the Constitution. Under the traditional method, Congress can propose amendments once two-thirds of both houses of Congress approve the proposal. The second method, known as an “Article V Convention,” has never been used.... Continue Reading →
The FTC: Cyber Security Savior or Data Dictator?
Author: Leanthony Edwards Jr., Associate Member, University of Cincinnati Law Review Throughout the past few years, data privacy and cybersecurity have become hot topics within the U.S. legal system and the media. Last year, prominent U.S. corporations like Sony and Home Depot suffered major data breaches that caused significant financial and reputational harm for both... Continue Reading →
Should There Be a Scienter Requirement for Designer Drugs?
Author: Chris Gant, Associate Member, University of Cincinnati Law Review Advancements in chemistry and technology have lead to unprecedented innovation in the drug market. Some criminal-minded people have circumvented federal drug laws by creating so-called “designer drugs” like bath salts. The law’s treatment of those manufacturing and distributing designer drugs has led to a contentious... Continue Reading →
Federal Circuit No Longer to Review Patent Claim Construction Entirely De Novo
Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On January 20, 2015, the Supreme Court announced its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., and did away with the Federal Circuit’s longstanding application of a purely de novo standard when reviewing a district court’s construction of a patent claim.[1] Specifically, the... Continue Reading →
Shirvell v. Department of Attorney General: Pickering on the Wrong Person?
Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review In Abrams v. U.S.,[1] Justice Holmes crafted the concept of the United States being an arena for political thought. Since Abrams was decided in 1919, the right of individuals to express their political thoughts has expanded to include almost all forms of speech.[2] However, in... Continue Reading →
Cops and Coffers: Eric Holder’s Policy Change on Civil Forfeiture
Author: Jon Kelly, Associate Member, University of Cincinnati Law Review Civil forfeiture is one of the stranger aspects of the policing power exercised by federal and state governments. In short, civil forfeiture allows governments to seize and take ownership of property believed to be associated with criminal activity—either when the property helps facilitate a crime... Continue Reading →