Emily Schmidt, Associate Member, University of Cincinnati Law Review I. Introduction Mental Health America estimates that at least twenty percent of people on death row have a serious mental illness. On June 17, 2021, an Ohio court vacated two death sentences imposed upon David Braden, a man with a documented history of schizophrenia, resentencing him... Continue Reading →
It is Black and White: The persistent racialized nature of tax policy in housing
Photo by Pictures of Money on Flickr Caleigh Harris, Associate Member, University of Cincinnati Law Review I. Introduction The American dream most often includes a nuclear family, their loving golden retriever, a white-picket fence, andยญยญโof courseโthe suburban home. Homeownership in the United States is touted as one of the most secure investments and the best... Continue Reading →
What they do in the shadows: The Supreme Court’s increased use of the Orders List
Photo by swatjester on Flickr Caleigh Harris, Associate Member, University of Cincinnati Law Review I. Introduction On September 1, 2021, the Supreme Court of the United States, in a 5-4 decision, upheld Texas Senate Bill 8 in Whole Womanโs Health v. Jacksonโone of the most restrictive abortion bills in the country.[1] This decision did not... Continue Reading →
The Circuit Split on Whether Disability-Related Conduct is a Disability Itself
Photo by Towfiqu barbhuiya on Unsplash Mallory Perazzo, Associate Member, University of Cincinnati College of Law I. Introduction Federal Appellate Courts disagree on whether terminating an employee based on disability-related intoxication constitutes disability-related discrimination under the Americans with Disabilities Act (โADAโ).[1] It is crucial that the law recognize the significance of this question, as it impacts nearly 60 million... Continue Reading →
Oaths in a Covid World: The Benefits and Downfalls of Virtual Deposition Oaths
Photo by Compare Fibre on Unsplash Pat Mullinger, Associate Member, University of Cincinnati Law Review I. Introduction Since March of 2020, Covid-19 has rocked the legal field. The ordinary course of business changed within days, and all jurisdictions sought to adjust to the ever-changing state of Executive Health Orders.[1] In the pandemic landscape the worldโand more specifically the... Continue Reading →
No Judicial Co-Counsel: Does Allegedly Biased Judicial Questioning Constitute Structural Error and Automatic Reversal?
"Legal Gavel & Closed Law Book" by Visual Content is licensed under CC BY 2.0 Sara Leonhartsberger, Associate Member, University of Cincinnati Law Review I. Introduction In a jury trial, the judge is a neutral party, acting as an arbitrator to ensure both sides present their case lawfully and properly before the jury.[1] The jury serves as the fact-finder... Continue Reading →
New IX: What the DOEโs Abandonment of Trump Administration Title IX Grievance Policies Means for Universities
Photo by Tim Alex on Unsplash Shelbi Shultz, Associate Member, University of Cincinnati Law Review I. Introduction On July 28, 2021, the U.S. Federal District Court for the District of Massachusetts decided Victim Rights Law Center v. Cardona, which vacated a Title IX provision enacted in 2020 under the Trump administration.[1] The law in question, 34 C.F.R. ยง106.45(b)(6)(i),... Continue Reading →
Are Nonrefundable Deposits Enforceable in Ohio?
Photo by Cytonn Photography on Unsplash Sarah K. Simon, Blog Editor, University of Cincinnati Law Review I. Introduction In contracts, liquidated damages provisions plan for the worst. These provisions stipulate what the nonbreaching party is entitled to if the other party breaches. In purchase agreements, the seller may stipulate that the buyer pay a nonrefundable... Continue Reading →
Free Choice or Employment: Are Mandatory COVID-19 Vaccines Constitutional?
Photo by Hakan Nural on Unsplash Janelle Thompson, Blog Editor, University of Cincinnati Law Review I. Introduction Since the start of the COVID-19 pandemic, over 100 million people have been infected and 4 million have died worldwide.[1] Tragically, the United States alone contributes over 35 million cases and 600,000 deaths to this total.[2] With the rise of both... Continue Reading →
Pulling the Trigger on Amending โThe Gun Control Actโ: Why the Lifetime Firearm Ban on the Involuntarily Committed is Unconstitutional
Photo by Tingey Injury Law Firm on Unsplash Erica Anderson, Notes and Comments Chair, University of Cincinnati Law Review I. Introduction Imagine you just experienced a traumatic event. You unexpectedly lost a family member, you were assaulted, or your house burned down in a fire. You take some time off work because you are suffering from severe stress,... Continue Reading →
