Sixth Circuit Review

Volume 81 (2020)


COVID-19 COVERAGE

Closing the Polls: Mays v. LaRose

Andria Dorsten Ebert.

This student article reviews coronavirus pandemic’s impact on voting. Specifically, this article reviews the public health order in Ohio that closed the voting polls for the Ohio primary on March 17, 2020. The articles reviews lawsuits that have been filed in response to the order. Read Dorsten Ebert’s full COVID-19 coverage article here.

STUDENT COMMENTARY

Judicial Transparency: Where Does the Sixth Circuit Rank?

Meagan Dimond.

This Student Commentary reviews the transparency and accountability of the Sixth Circuit. The commentary explores a recent study that reviews the transparency of federal circuit courts and advocates for improvements. The commentary urges that the Sixth Circuit consider some of the report’s suggestions in order to improve the perception of the judicial system and its effectiveness. Read Dimond’s full commentary here.

Berger v. National Board of Medical Examiners: Granting Accommodations in High-Stakes Testing Situations

Meagan Dimond.

This Student Commentary reviews Berger v. Nat’l Bd. of Med. Exam’rs, a case currently pending before the Sixth Circuit involving the National Board of Medical Examiners’ decision to deny testing accommodations for students applying to take the United States Medical Licensing Examination. This commentary explores the extent to which the American with Disabilities Act protects those with disabilities in high-stakes testing situations. Read Dimond’s full commentary here.

CASE ANALYSIS

United States v. Doggart: Does a House of Worship Affect Interstate Commerce?

Andria Dorsten Ebert.

This Case Analysis reviews the Sixth Circuit case United States v. Doggart. Specifically, this Case Analysis reviews the Sixth Circuit’s approach to whether a house of worship affects interstate commerce. Read Dorsten Ebert’s full commentary here.

Disability Diagnosis and Abortion: An Undue Burden? The State of Ohio Requests and En Banc Hearing

Meagan Dimond.

This Case Analysis examines a petition for en banc review in a case regarding an Ohio law that prohibits medical providers from performing abortions if they know that the patient is seeking an abortion because of a Down Syndrome diagnosis. Specifically, this Case Analysis explores the law at issue and highlights the potential of this case to affect the direction of abortion jurisprudence moving forward. Read Dimond’s full commentary here.

Johnson v. Ohio Department of Public Safety: Last Chance Agreements May Make Claims of Racial Discrimination More Difficult to Prove

Andria Dorsten Ebert.

This Case Analysis reviews the Sixth Circuit’s recent decision in Johnson v. Ohio Department of Public Safety. Specifically, this Case Analysis addresses the decision’s impact on plaintiffs’ burden in employment discrimination cases if they have signed a Last Chance Agreement with their employer. Read Dorsten Ebert’s full commentary here.

Volume 80 (2019)


STUDENT COMMENTARY

Corpus Linguistics: Just Another Tool in the Sixth Circuit Toolbox?

Andria Dorsten Ebert.

This Student Commentary reviews corpus linguistics, an approach to studying language that uses electronic collections of linguistic date known as corpora, in the Sixth Circuit. The commentary reviews corpus linguistics as an approach to textual analysis and how this analysis has reached the Sixth Circuit in two recent cases. Read Dorsten Ebert’s full commentary here.

 

To Be Decided: Because of Sex or Not?

Meagan Dimond.

This Student Commentary reviews the Sixth Circuit’s holding in Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, Inc., a case currently under review as part of a triad of cases before the Supreme Court. This commentary explores the underlying arguments presented in the case and the potential implications of the Supreme Court’s decision. Read Dimond’s full commentary here.

 

Ermold v. Davis and Judicial Shortcuts: Avoiding Tiers-of-Scrutiny Analysis in Same-Sex Marriage Cases

Andria Dorsten Ebert.

This Student Commentary reviews the Sixth Circuit’s opinions in three cases centered around Kim Davis and her refusal to issue marriage licenses to same-sex couples after the Obergefell v. Hodges Supreme Court ruling in 2015. This commentary uses these cases to address the issue of what level of scrutiny, if any, should apply in same-sex marriage discrimination cases. Read Dorsten Ebert’s full commentary here.

 

Are Online Spaces “Places of Public Accommodation” Under the ADA? It Is Still Unclear in the Sixth Circuit

Meagan Dimond.

This Student Commentary reviews the American with Disabilities Act and whether online spaces fall within the ADA’s provisions on public accommodations. This commentary explores this issue in relation to the Sixth Circuit’s August decision, Brintley v. Aeroquip Credit Union, where the Court determined the plaintiff lacked Article III standing to bring her ADA case. Read Dimond’s full commentary here.