In this article, Kathyrn McIlroy discusses the circuit split on whether testers of hotel reservation websites for ADA compliance have standing to sue for violations when they do not plan on booking a reservation, ultimately arguing that the testers do have standing to sue.
A Network of Lies: Dominion Voting System’s Defamation Case Against Fox News
In this article, Sarah Jana discusses Dominion Voting Systems’ defamation case against Fox News and explains why it is likely to be one of the few defamation cases against a news corporation that results in a win for the plaintiff.
How to Tame an Unruly Government: Why the Supreme Court Must Reinvigorate the Nondelegation Doctrine
In this article, Grant Williams discusses the history of the nondelegation doctrine and intelligible principle. The article explores the perpetual commingling of powers amongst the different branches of government and argues that the nondelegation doctrine must be invoked to prevent the creeping tyranny.
VMI: The Exemplary Rightful Position
In this article, Colleen Brugger explores United States v Virginia or VMI, which not only disavowed gender generalizations, but demonstrated the scope and power of a properly tailored remedy. The Court preserved state choice yet crafted a remedy which solved a novel problem.
Can Mother Nature Hurdle the Tall “Standing” Precedent of the U.S. Supreme Court?: The Need for Personhood Status of Environmental Entities
In this article, Thomas Kemmet analyzes the current standing doctrine in the United States and its impact on the environment and compares how other nations grant personhood to natural entities for environmental protection.
PrEPare to be Overturned: Why U.S. Courts Must Scrutinize Religious Freedom Claims More Closely
Associate Member Chris Colloton examines the recent decision from a federal court in Texas in Braidwood Management, Inc. v. Becerra. Chris argues that the judge not only misapplied the law, but moreover worked to elevate religious freedom to an untenable level at the expense of the health of millions of Americans.
Standing in the Trenches: Republicans’ Uphill Legal Battle Against Student Loan Cancellation
Associate Member Hailey Martin explores the issue of standing to sue as it relates to student loan forgiveness actions suggesting that although difficult to find anyone with standing as required by Article III, political and public pressure may create a riff for the court to accept standing and jurisdiction to hear a suit.
Abortion Access Post-Dobbs: The Power of Private-Sector Labor and Employment Law
Notes and Comments Editor Austin J. Wishart explains how private sector employers and collective bargaining units may work together to provide reproductive healthcare access to employees in the wake of the Supreme Court's Dobbs decision.
The Draconian Future Following the Dobbs Decision
Blog Editor Caleigh Harris examines the Supreme Court's recent decision in Dobbs v. Jackson Women's Health Organization. Caleigh discusses historical abortion jurisprudence, the consequences of the Dobbs decision, and Ohio's current abortion laws.
Supreme Court to Hold Oral Arguments by Phone
Photo by Pavan Trikutam on Unsplash Zachery Hullinger, Associate Member, University of Cincinnati Law Review In response to COVID-19 and the accompanying restrictions on gatherings, the Supreme Court had previously postponed its March and April argument sessions.[1]Â On April 13, 2020, the Court took further action, announcing that it would hold oral arguments via telephone for ten sets of... Continue Reading →