Justice Kennedy: To Swing or Not to Swing

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 →

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.[1] 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.[2] More specifically,... 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.[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.[2] The Ohio... Continue Reading →

Limits on Judicial Elections: A Thing of the Past?

Author: Andrea Flaute, Associate Member, University of Cincinnati Law Review From basic speech restrictions to an outright prohibition on personally solicited campaign funds, judicial candidates, prior to the decisions in Republican Party of Minnesota v. White and Williams-Yulee v. Florida Bar, lacked the basic leeway given to every other candidate to control their campaign.[1] In... Continue Reading →

“Admitting Privileges” Requirements for Abortion Providers Possibly Up for Review by the Supreme Court

Author: Rebecca Dussich, Associate Member, University of Cincinnati Law Review Since the Supreme Court’s decision granting women the constitutionally protected right to seek and obtain abortions in Roe v. Wade,[1] various individuals, organizations, and government bodies have pushed back against the ruling through legislation and additional lawsuits. Although many of these attempts have been successful,... 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 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 →

Up ↑

Skip to content