Photo by Bill Oxford on Unsplash Bailey Wharton, Associate Member, University of Cincinnati Law Review I. Introduction Introduction of battered woman syndrome evidence in a criminal defense is not a new phenomenon. In fact, it is very common and universally allowed in the context of self-defense when a woman attacks her abuser.[1] However, there has been pushback from... Continue Reading →
Supreme Court of Ohio must safeguard liberty interests impinged by unsigned arrest warrants
Photo by Tim Hรผfner on Unsplash Max Londberg, Associate Member, University of Cincinnati Law Review I. Introduction In late June, the Supreme Court of Ohio held oral argument in State of Ohio v. Kandale L. Harrison.[1] The Court, which has yet to release its decision, could settle the validity of an unsigned arrest warrant.[2] If the Court follows... Continue Reading →
Is There a Doctor in the House? An Analysis of Good Samaritan Laws and Their Effective Application
Photo by Hal Gatewood on Unsplash Andrew Lance, Associate Member, University of Cincinnati Law Review I. Introduction Medical amnesty and Good Samaritan laws provide protections and immunity from prosecution when seeking assistance for a medical emergency, typically an overdose. When a person is experiencing an overdose, or if another person (โthe callerโ) seeks assistance for that person, in... Continue Reading →
Ridiculous Laws: Consequences of Keeping Antiquated and Unenforced Laws on the Books
Photo by Federico Artusi on Unsplash Mallory Perazzo, Associate Member, University of Cincinnati Law Review I. Introduction Ridiculous laws that still exist in the United State have recently become a hot topic. For example, visit stupidlaws.com and, as the name suggests, you can read all about the most popular outlandish and outdated laws. Follow A Crime a Day... Continue Reading →
‘Historic Decision’ Grants Some Undocumented Immigrants Presumption of Liberty Pending Removal Proceedings
Photo by Max Ostrozhinskiy on Unsplash Max Londberg, Associate Member, University of Cincinnati Law Review I. Introduction In August, the First Circuit overturned a long-standing Board of Immigration Appeal (โBIAโ) decision that had been erroneously adopted.[1] Before Hernandez-Lara, noncriminal, undocumented immigrants detained pending removal proceedings had to prove they were neither dangerous nor a flight risk to qualify... Continue Reading →
Campus Quandary: How Restrictive Abortion Laws Will Affect Universities and Their Students
Photo by Graham Klingler on Unsplash Shelbi Shultz, Associate Member, University of Cincinnati Law Review I. Introduction Although the seminal case granting a constitutional right to abortion access, Roe v. Wade, was decided in 1973, abortion rights in America currently rest on thin ice.[1] When Texasโs โHeartbeat Actโ went into effect in September, the spotlight of national attention... Continue Reading →
Ohio House Bills 322 and 327: An Attack on Education and Academic Freedom
Photo by Alexander Smith on Wikimedia Commons Silver Flight, Associate Member, University of Cincinnati Law Review I. Introduction Following the summer of 2020โs rising awareness and activism around racism in the United States, there has been a legislative backlash. In September 2020, former President Trump issued Executive Order 13950, which banned various โdivisive conceptsโ within... Continue Reading →
Mind Your P’s and Q’s and M&M’s: Is Closing a Trial to the Public Structural or Plain Error Without an Objection?
Photo by Vern Hart on Flickr Sara Leonhartsberger, Associate Member, University of Cincinnati Law Review I. Introduction Should a court hallway brawl over M&Ms deprive a criminal defendant of the constitutional right to a public trial? The Sixth Amendment, applicable to the states through the Fourteenth Amendment, establishes the right of a criminal defendant to... Continue Reading →
To Disclose or Not to Disclose: Do COVID-19 Vaccination Status Disclosure Requirements Fall Under Compelled Political Speech Doctrine?
Photo by Mat Napo on Unsplash Shelbi Shultz, Associate Member, University of Cincinnati Law Review I. Introduction As the Biden administration ramps up employee COVID-19 vaccination requirements, some Americans have attempted to evade these obligations by hiring legal counsel that contrive constitutional loopholes in vaccine mandates.[1] A new justification to vaccine resistance has emerged that specifically focuses on... Continue Reading →
Misdemeanor Due Process and Pretrial Detention
Photo by Jp Valery on Unsplash Andrew Lance, Associate Member, University of Cincinnati Law Review I. Introduction The national conversation on bail reform has led some jurisdictions to remove cash bail or significantly reform it altogether.[1] Depending on the crime, these reforms still leave some circumstances where low-income people accused of crimes are detained pretrial. The Supreme Court... Continue Reading →
