Author: Matthew Byrnes, Associate Member, University of Cincinnati Law Review
In late April, the Supreme Court heard oral arguments on a case that has the potential to drastically change how Americans watch broadcast programming. The case, American Broadcasting Companies, Inc. v. Aereo, Inc., (“Aereo”) involves the online television subscription service Aereo.[i] Founded in 2012, Aereo allows its users to view or record local network broadcasts on their computer or web-enabled devices starting at $8 a month, plus tax.[ii] Unlike a cable television provider however, Aereo does not pay licensing fees to carry these over-the-air transmissions. Broadcasters fear this will undercut more than $3 billion in annual revenues that they receive from retransmission fees.[iii] In light of the “cut-the-cord” trend, this fear is warranted. If Aereo’s business model is upheld amidst copyright infringement claims, it will rock the traditional cable provider structure. However, when looking to the history of the Copyright Act and its treatment of the broadcasting industry, the Supreme Court is right to pull the plug on Aereo’s system unless it starts paying royalties.
Continue reading “Will Aereo Kill the TV Star?”
Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review
Since the Supreme Court’s decision in United States v. Windsor last summer, two questions have been on many court watchers’ minds. First, after Windsor articulated a lengthy reasoning for its decision to strike down the Defense of Marriage Act, under what standard of review will courts evaluate laws that discriminate against same-sex couples? Second, can the standard for invalidating the federal Defense of Marriage Act (DOMA) under the Fifth Amendment be applied to States through the Fourteenth Amendment, or even be enunciated in a meaningful way? The Supreme Court’s current line of jurisprudence on constitutional problems that implicate same-sex issues necessitates that these two questions be considered and answered together, as the United States District Court in Utah did in Kitchen v. Herbert. Ultimately, the Kitchen case shows that the reasoning used in Windsor might not have been the soundest way to analyze the issues presented, and that there are alternative lines of reasoning that better support same-sex couples’ efforts to overturn state bans on gay marriage.
Continue reading “Where Due Process and Equal Protection Meet: Articulating the “Fundamental Right” of Marriage”
Author: Colin P. Pool, Publications Editor, University of Cincinnati Law Review
The Supreme Court’s opinion in U.S. v. Windsor,  which struck down Section 3 of the Defense of Marriage Act (DOMA), has been criticized by many for a perceived “lack of clarity,” or a lack of “parameters, . . . objective analysis, [or] guidance as to how to apply [it].” These shortsighted characterizations misread Windsor. In fact, the Court’s analysis is based on long-established, if somewhat antiquated, equal protection jurisprudence: “careful consideration” triggered by the “unusual character” of a statute. With this standard’s reemergence, the possibility arises that future equal protection plaintiffs may be able to take advantage of it.
Continue reading “Cracking Windsor’s Code: The Unusual Judicial Review Standard of United States v. Windsor and Its Potential Impact on Future Plaintiffs”