Photo by Philippe Bout on Unsplash Shelbi Shultz, Associate Member, University of Cincinnati Law Review I. Introduction Throughout American history, universities have served as a battleground for free speech debate as it applies to the First Amendment. A current focus of discussion are Bias Incident Report Teams (BIRTs) that have proliferated higher education in recent years.[1] Generally, these... Continue Reading →
The Parent Trap: Parents With Disabilities and the Flaws within Termination of Parental Rights Proceedings
Photo by Guillaume de Germain on Unsplash Erica Anderson, Notes and Comments Chair, University of Cincinnati College of Law I. Introduction โIt is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.... Continue Reading →
A head-spinning opinion: Supreme Court of Ohio rules mental health records are not privileged in a claim for child custody and spousal support
Photo by Beatriz Pรฉrez Moya on Unsplash Susana Tolentino, Associate Member, University of Cincinnati Law Review I. Introduction It is crucial to trust in the confidentiality of mental health treatment sessions because โthe mere possibility of disclosure of confidential communications may impede the development of the relationship necessary for successful treatment.โ[1] The Supreme Court of Ohioโs decision in... Continue Reading →
En Banc in the Sixth Circuit: A Rarely Used, but Important Procedure
Photo by Bill Dolak on Flickr Bailey Wharton, Associate Member, University of Cincinnati Law Review I. Introduction When most people appear in federal court, they try their cases before a single judge in district court or before a three-judge panel in the circuit court of appeals. Rarely, though, do parties have their cases heard by... Continue Reading →
Fourth Circuit Issues โRecipe for National Inaction on Gun Violenceโ in Wrongly Striking Down Gun Control Measure Only to be Vacated for Mootness
"And More Guns" by maxually is licensed under CC BY-NC 2.0 Max Londberg, Associate Member, University of Cincinnati Law Review I. Introduction For more than half a century, a collection of federal statutes and regulations have prohibited federal firearms licensees from selling handguns and handgun ammunition to 18-, 19-, and 20-year-olds.[1] Congress enacted the Omnibus Crime Control and Safe... Continue Reading →
Protective Order Against Stalker Invalidated as Prior Restraint, but Reframing Future Orders May Appease Constitutional Concerns
"'FREE SPEECH*'" by Newtown grafitti is licensed under CC BY 2.0 Max Londberg, Associate Member, University of Cincinnati Law Review I. Introduction In 2016 and 2017, two women in Mercer County, Ohio, endured disturbing abuse from a close relative, Jeffrey Rasawehr.[1] He wrote public messages accusing the women of involvement in their husbandsโ deaths.[2] The women successfully sought a... Continue Reading →
An Irretrievably Broken Marriage: Who Decides?
Photo by Kelly Sikkema on Unsplash Emily Schmidt, Associate Member, University of Cincinnati Law Review I. Introduction In 2019, there were over 746,971 divorces across the United States.[1] In one case, after 13 years of marriage and with over $13,000 spent on counseling and attorney fees, two parties amicably requested a divorce in a hearing... Continue Reading →
Mailbox Liability: Should a Landowner Owe a Duty of Care to Motorists that Strike their Mailbox?
Photo by A n v e s h on Unsplash Stephen Stafford, Associate Member, University of Cincinnati Law Review I. Introduction You are driving down a country road on a winter day when you suddenly lose control after hitting a patch of black ice. You crash into a wooden mailbox, and it breaks away, leaving your car slightly... Continue Reading →
Why Abolishing the Fourth Amendment Consent Exception is Long Overdue
Photo by TJ Kiely on Flickr Drew Lance, Associate Member, University of Cincinnati Law Review I. Introduction The Fourth Amendment is clearโโthe right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.โ[1] Yet the Supreme Court has carved out a niche that... Continue Reading →
Name Changes: Do We Need Judicial Discretion?
Photo by Jon Tyson on Unsplash Silver Flight, Associate Member, University of Cincinnati Law Review I. Introduction The legal name change process is one of many barriers to accurate identification faced by transgender people in the United States. A formal name change is necessary to use oneโs chosen name on all sorts of documents, ranging from driverโs licenses... Continue Reading →
