Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review In the United States federalist system, fifty different states often arrive at fifty different conclusions of law that can conflict not only with each other but also with federal law. The Supremacy Clause usually allows for the resolution of the latter conflicts, whereas conflicts among... Continue Reading →
Cracking Windsor’s Code: The Unusual Judicial Review Standard of United States v. Windsor and Its Potential Impact on Future Plaintiffs
Author: Colin P. Pool, Publications Editor, University of Cincinnati Law Review The Supreme Court’s opinion in U.S. v. Windsor, [1] which struck down Section 3 of the Defense of Marriage Act (DOMA), has been criticized by many for a perceived “lack of clarity,”[2] or a lack of “parameters, . . . objective analysis, [or] guidance as to how to... Continue Reading →
Will Divorce Equality Bring Marriage Equality?
Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review This November, the Texas Supreme Court will hear oral arguments in a suit to dissolve a same-sex marriage performed outside the state, and will be deciding two important issues: (1) whether Texas courts have jurisdiction to hear such suit, and (2) whether Texas laws prohibiting... Continue Reading →