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.[1]  However, courts have struggled to interpret what “caring for” a family member must consist of under the FMLA. Particularly, limitations on the geographic locations Continue reading “Is geographic location relevant when “caring for” a family member under the Family Medical Leave Act?”

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. Continue reading “Ohio Clarifies: Law Enforcement Cannot Conduct Unjustified Search of Vehicle Subsequent to a Recent Occupant’s Arrest   “

Concerted Activity in Social Media: The Future of Labor Activity

Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review

In today’s world of social media, employee interactions regarding their employers are becoming increasingly more public. Conversations that previously would have taken place in a private home or around the water cooler now take place online and may take many different shapes. Instead of a simple exchange of words, an interaction regarding one’s employer might include a re-tweet, a “like,” or a share. This poses a problem for those who must evaluate whether such activity is protected under the terms of the National Labor Relations Act (NLRA) Continue reading “Concerted Activity in Social Media: The Future of Labor Activity”

Cyberbullying: When a Students’ Right to Free Speech Goes Too Far

Author: Jordie Bacon, Associate Member, University of Cincinnati Law Review

In October 2003, Ryan Halligan, a thirteen year-old from Vermont, hung himself after his personal and embarrassing secrets were disclosed by his “friend” on AOL Instant Messenger.[1] In October 2006, Megan Meier, a thirteen year-old from Missouri, hung herself because her neighbor, disguised as a potential suitor, sent her messages on MySpace telling her Continue reading “Cyberbullying: When a Students’ Right to Free Speech Goes Too Far”

Look Policies: Can employers discriminate based on their physical attractiveness?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review

Companies with mandatory grooming or appearance standards for their employees have been under fire from society, celebrities, and the law for many years. One of the companies most known for discriminating against unattractive or overweight applicants is Abercrombie & Fitch. Consumers have been outraged that the company only hires conventionally attractive people, requires those employees to follow a strict “look policy” Continue reading “Look Policies: Can employers discriminate based on their physical attractiveness?”

THE DOUBLE EDGED SWORD: ELECTRONIC HEALTH RECORDS AND DATA BREACHES

Author: Andrea Flaute, Associate Member, University of Cincinnati Law Review

The conflict between technology and privacy does not stop at the hospital door. The emergence of a technology driven society has created a desire and push to incorporate all parts of life into electronic format, including personal health records (PHR). Although the enactment of the Health Insurance and Portability Accountability Act[1] pre-dates the technology boom,[2] the privacy protections it contains compliment the electronic records provisions included in the Health Information Technology for Economic and Clinical Health Act.[3] Continue reading “THE DOUBLE EDGED SWORD: ELECTRONIC HEALTH RECORDS AND DATA BREACHES”

Green v. Brennan: Choosing the Appropriate Standard for Limitation Periods

Author: Chris Gant, Contributing Member, University of Cincinnati Law Review

 You have probably heard the old saying that “timing is everything.” This statement is true in many aspects of life. For example, a well-timed joke can be the difference between laughter and awkward silence. In law, the time at which a cause of action begins to accrue can be vital to a plaintiff’s case. If a plaintiff’s timing is off, the claim may never reach adjudication on the merits. In an upcoming decision, Green v. Brennan, the Supreme Court will resolve a federal circuit split Continue reading “Green v. Brennan: Choosing the Appropriate Standard for Limitation Periods”

Per Se Ban On Eyewitness Expert Testimony in Louisiana: Why the Court Should Grant Certiorari

Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review

On November 2, 2015, the United States Supreme Court denied certiorari to Darrill Henry in a Louisiana case concerning eyewitness expert testimony.[1] Louisiana has a per se ban on eyewitness expert testimony.[2] Eyewitness testimony is a key component of our criminal justice system; however, a per se ban on eyewitness expert testimony is bad public policy. To reduce the rate of wrongful convictions, experts should have the opportunity to explain to jurors the pitfalls of eyewitness testimony. Continue reading “Per Se Ban On Eyewitness Expert Testimony in Louisiana: Why the Court Should Grant Certiorari”

Brady Evidence Suppression Claims: Should Courts Require Criminal Defendants to Exercise Due Diligence during Discovery?  

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review

When a criminal defendant enters a court room, the court controls the future of that defendant’s liberty. With so much at stake, criminal trial procedures should not require criminal defendants to exert additional effort in procuring beneficial evidence when the prosecutor has already discovered such beneficial evidence. Continue reading “Brady Evidence Suppression Claims: Should Courts Require Criminal Defendants to Exercise Due Diligence during Discovery?  “

To Employ(ee) or Not to Employ(ee): Are Uber Drivers Employees or Independent Contractors?

Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review

Uber drivers in the state of California are challenging Uber Technologies, Inc. (Uber) in a class action suit, arguing that they should be classified as employees instead of independent contractors.[1] The classification of Uber’s drivers will dictate the drivers’ rights and eligibility for employment related benefits. Continue reading “To Employ(ee) or Not to Employ(ee): Are Uber Drivers Employees or Independent Contractors?”