Law Commons^™

Point: The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs, Charles J. Russo

University of Dayton Law Review

No abstract provided.

Counterpoint To: "The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs" — The Privilege To Silence “Customized” Speech: The Website Kerfuffle In 303 Creative V. Elenis, Jeffrey C. Sun

University of Dayton Law Review

No abstract provided.

Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo

University of Dayton Law Review

No abstract provided.

Rebuttal To Charles J. Russo’S “Point — The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs”, Jeffrey C. Sun

University of Dayton Law Review

No abstract provided.

Fool’S Gold: An Exploratory Analysis Into How Recent Student Successes Against The Ncaa Poses A Serious Risk To Equity In College Sports, Justin Elkin

University of Dayton Law Review

No abstract provided.

Creatively Killing The Word “Entirely”: Why The 9th Circuit Got 17 U.S.C. § 114(B) And Music Sampling Law Wrong, Samantha Shemavonian

University of Dayton Law Review

No abstract provided.

A Global Approach To Evaluating Whether An Ai Algorithm Impacting Health Is Unfair To Consumers Under The Federal Trade Commission 15 U.S.C. § 45, Sarah Covington

University of Dayton Law Review

No abstract provided.

Search No Further Than Glatt V. Searchlight Pictures For A Uniform Test To The Student-Athlete Employment Question, Gabriella Fletcher

University of Dayton Law Review

No abstract provided.

Table Of Contents, Administrative Information, Masthead

University of Dayton Law Review

No abstract provided.

The Doctrine Of Qualified Immunity And Why It Needs To Be Reformed In Situations Of Jail Suicide, Sasha Glickfield

University of Dayton Law Review

No abstract provided.

One Hundred Years Past, One Hundred Years Forward: The Legacy Of The Colorado River Compact, Elise Marrinan

University of Dayton Law Review

No abstract provided.

An Argument For Maintaining The Status Quo: Nonunanimous Verdicts On Panels In Courts-Martial, Abbigayle Qiu

University of Dayton Law Review

No abstract provided.

Take A Picture: A Reframed Approach To Transformative Use, Samuel John Stimson

University of Dayton Law Review

No abstract provided.

Cover, Front Matter And Masthead

University of Dayton Law Review

No abstract provided.

Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie

University of Dayton Law Review

In 2011, the Obama Administration introduced the Dear Colleague Letter (“DCL” or “Letter”), which drastically reshaped the nature and scope of Title IX and redefined how sex-based discrimination is viewed and addressed on college campuses around the country. While the overall intent of the Letter was to address historical mishandlings of sexual misconduct on the part of victims, including sexual assault in higher education, many commentators have expressed the concern that the guidelines aggressively pursued this end without considering several sweeping impacts. Where Title IX used to be a means for providing equal access to education through government oversight, through …

Another Obstacle For Survivors Of Sexual Violence: The Effect Of Limiting Emotional Distress Damages In Title Ix Cases, Allison Mauk

University of Dayton Law Review

In April 2022, the Supreme Court of the United States decided in Cummings v. Premier Rehab Keller, P.L.L.C. that emotional distress damages were not recoverable in private rights of action brought under anti-discrimination statutes. Pursuant to their authority under the Spending Clause, Congress has enacted four distinct anti-discrimination statutes including Title VII, the Rehabilitation Act, the Affordable Care Act, and Title IX. In Cummings, a deaf and blind plaintiff sought emotional distress damages under the Rehabilitation Act and Affordable Care Act after she was denied an interpreter at a physical therapy appointment. The Court developed a test to determine whether …

Helping Or Hindering Life? The Ramifications Of Overturning Roe V. Wade As It Relates To The Criminal Justice System, Samantha Moore

University of Dayton Law Review

Part I of this Comment explores 2001 research by John Donohue and Steven Levitt finding that legalized abortion significantly contributed to a decrease in crime starting in 1991. Part II of this Comment will explore the background of abortion. Part III will highlight the scope of abortion following Roe by analyzing Donohue and Levitt’s abortion-crime link. Part IV of this Comment will succinctly summarize these conclusions.

How Can They Be Silenced? Why Ohio Must Amend Its Civil Statute Of Limitations For Child Sexual Abuse Claims, Mackenzie F. Reiber

University of Dayton Law Review

Ohio should abolish the civil statute of limitations for child sexual abuse (CSA) claims because survivors of CSA generally recover memories and come forward with allegations well past the limitations period; courts in states that have eliminated the civil statute of limitations for CSA claims do not become overwhelmed by hearing these claims several years past the date of the abuse; and the perpetrator’s constitutional rights are not violated by abolishing the statute of limitations.

“A Document Of Independent Force”: Towards A Robust Ohio Constitutionalism, Nathaniel M. Fouch

University of Dayton Law Review

On August 11, 1993, the Ohio Supreme Court handed down its decision in Arnold v. Cleveland. The Court held that the Ohio Constitution confers a fundamental individual right to bear arms—nearly 15 years before the United States Supreme Court enunciated a similar right guaranteed by the Second Amendment. Perhaps even more consequentially, the Arnold court declared that “[t]he Ohio Constitution is a document of independent force.” This assertion about the fundamental nature of the state constitution, and the willingness of the Court to engage with and interpret the document on its own terms, breathed new life into Ohio’s otherwise …

Empowering Nigerian Youths For Social Change: The Convergence Of Civic Education, Media, Art, And Activism, Zainab Onuh-Yahaya

Biennial Conference: The Social Practice of Human Rights

This paper examines the intersection of civic education, art, and the media as powerful tools for activism, social change, resistance, and transformation, particularly in the context of Nigerian youths. Over the past few years, young Nigerians have emerged as a formidable force in advocating for social justice and good governance in what they have describes as fighting for their lives. Drawing on interdisciplinary perspectives, this study explores how the integration of civic education, media, art, and activism empowers Nigerian youths to address social injustices and inequalities, challenge the generations that have come before, and drive meaningful transformations.

The paper then …

The Demon On The Flight Deck: A Proposal For Substantive And Procedural Reform In Aviation Medical Regulations, Brendan J. Keegan

University of Dayton Law Review

No abstract provided.

Conscience-Based Objections To Transgender Health Care In Ohio, Kyler J. Palmer

University of Dayton Law Review

No abstract provided.

The Conservative Paradox And The Formation Of 5–4 Coalitions, Nicholas L. Georgakopoulos

University of Dayton Law Review

This analysis springs from the need to resolve a paradox. The paradox is that 5–4 decisions from the post-World War II United States Supreme Court lean conservative—they are about 58% conservative. The explanation is that the median justice has tended to be ideologically closer to the next conservative justice than the next liberal justice. A coalition with the conservative wing has tended to be easier to form than with the liberal wing. The contribution is the comparison of three models of how 5–4 vote splits may occur.

Not High Value Because, High Value Unless: A New Threshold Question For Speech, Tamara Lemmon

University of Dayton Law Review

No abstract provided.

Cover And Front Matter, University Of Dayton

University of Dayton Law Review

Cover, table of contents and administrative information

Why Justice Thomas Is Right: State V. Burke And The Futility Of The “Primary Purpose” Test In The Context Of Sexual Assault Nurse Examiner Testimony, Phillip T. Kelly

University of Dayton Law Review

No abstract provided.

The Meme Stock Bidding War Viewed From The Lenses Of The American And Canadian Securities Regulators, Boutros Imad

University of Dayton Law Review

No abstract provided.

Cover And Front Matter, University Of Dayton

University of Dayton Law Review

Cover, table of contents, administrative information

Clients And Lawyers Unite: The Dysfunction Of Law Firm Teams Needs A Cure, Joe Regalia, David Wallace

University of Dayton Law Review

Attorneys and clients have made clear: Dysfunctional law firm teams are not working. Gone are the days when lawyers had to quietly endure poor management, poor planning, and all-around poor work dynamics. Growing pressure on lawyers to get more efficient and produce more value—and a welcome focus on lawyer wellbeing—means that law firms can no longer ignore their responsibility to cultivate better workplaces.

It is no secret that law firm lawyers consistently rank as among the least happy workers in the world. And team dynamics—how attorneys and other legal professionals work together—may be a bigger piece of that puzzle than …

Clickbait Compliance And Transnational Corruption, William R. Heaston

University of Dayton Law Review

In the corporate compliance and anti-corruption domains, international standard-setting is in vogue. Recent years have witnessed a flurry of new compliance standards authored by the International Organization for Standardization (ISO), the world’s leading private standard-setter. ISO claims to offer a more effective way to address transnational corruption risks and related compliance challenges, one that boasts the approval of a global committee of technical experts and enticingly purports to accord with international “best practices.” A number of companies and governments around the world have taken the bait, with many adopting or giving legal effect to ISO’s anti-bribery standard (ISO 37001) in …