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Articles 1 - 16 of 16
Full-Text Articles in Law
One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer
One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer
University of Cincinnati Law Review
No abstract provided.
"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel
"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel
University of Cincinnati Law Review
No abstract provided.
Innocent Until Suspected Guilty, Rebekah Durham
Innocent Until Suspected Guilty, Rebekah Durham
University of Cincinnati Law Review
No abstract provided.
Revitalizing The Ban On Conversion Therapy: An Affirmation Of The Constitutionality Of Conversion Therapy Bans, Logan Kline
Revitalizing The Ban On Conversion Therapy: An Affirmation Of The Constitutionality Of Conversion Therapy Bans, Logan Kline
University of Cincinnati Law Review
No abstract provided.
Political Equality And First Amendment Challenges To Labor Law, Luke Taylor
Political Equality And First Amendment Challenges To Labor Law, Luke Taylor
University of Cincinnati Law Review
This Article conceptualizes a novel basis for defending laws that strengthen labor unions from First Amendment challenge: the argument that these laws are adequately tailored to advancing a compelling state interest in reducing economic inequality’s transmission into political inequality. The Article makes two principal contributions. First, it updates criticisms of the Supreme Court’s campaign finance decisions’ rejection of any compelling interest sounding in political equality. The Article does so by bringing recent constitutional scholarship to bear on that criticism and by explaining how recent improvements in social scientists’ ability to track different economic brackets’ political influence call for the Court …
Challenging Solitary Confinement Through State Constitutions, Alison Gordon
Challenging Solitary Confinement Through State Constitutions, Alison Gordon
University of Cincinnati Law Review
Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the known harms associated with the practice. The two-part test established by the federal courts to evaluate Eighth Amendment claims and limitations on challenging prison conditions under the Prison Litigation Reform Act can make it difficult to establish that solitary confinement is cruel and unusual punishment.
State constitutional challenges to solitary confinement are underexplored. Nearly all state constitutions contain an equivalent provision to the Eighth Amendment’s prohibition on cruel and unusual punishment. State courts need not be bound by federal jurisprudence in interpreting the scope of the state …
Parity As Comparative Capacity: A New Empirics Of The Parity Debate, Meredith R. Aska Mcbride
Parity As Comparative Capacity: A New Empirics Of The Parity Debate, Meredith R. Aska Mcbride
University of Cincinnati Law Review
In 1977, Burt Neuborne published an article in the Harvard Law Review proclaiming that parity was a “myth”—that state courts could not be trusted to enforce federal constitutional rights. For the next 15 years, the question of parity (the equivalence of state and federal courts in adjudicating federal causes of action) was at the forefront of federal courts scholarship. But in the early 1990s, the parity debate ground to a halt after important commentators proclaimed it an empirical question that, paradoxically, could not be answered by any existing empirical methods. This article argues that proposition was unfounded at the time …
When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman
When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman
University of Cincinnati Law Review
The COVID-19 pandemic cast into harsher relief much that was already true about mass incarceration in the United States. It also cast into harsher relief much that was already true about the legal barriers confronting people seeking to make its conditions more humane. This Article offers a brief overview of the legal landscape as the COVID-19 crisis arose and then surveys eight prominent federal cases involving Eighth Amendment claims related to COVID-19 outbreaks at carceral facilities, most of which included significant litigation over whether they could secure release through habeas corpus. The Article then distills six key tensions from these …
Preclearance And Politics: The Future Of The Voting Rights Act, Paige E. Richardson
Preclearance And Politics: The Future Of The Voting Rights Act, Paige E. Richardson
University of Cincinnati Law Review
No abstract provided.
Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan
Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan
University of Cincinnati Law Review
No abstract provided.
The Right To Remain Silent: First Amendment Rights Of Physicians In States With Narrated Ultrasound Laws, Sabrina Jemail
The Right To Remain Silent: First Amendment Rights Of Physicians In States With Narrated Ultrasound Laws, Sabrina Jemail
University of Cincinnati Law Review
No abstract provided.
Heads I Win, Tails You Lose: The Taxing Risk When Invoking The Fifth Amendment On A Tax Return, Jacob Hoback
Heads I Win, Tails You Lose: The Taxing Risk When Invoking The Fifth Amendment On A Tax Return, Jacob Hoback
University of Cincinnati Law Review
No abstract provided.
The Doctor Will Judge You Now, Blair E. Thompson
The Doctor Will Judge You Now, Blair E. Thompson
University of Cincinnati Law Review
No abstract provided.
Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry
Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry
University of Cincinnati Law Review
No abstract provided.
Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel
Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel
University of Cincinnati Law Review
No abstract provided.
On American Demagoguery To National Security, Jennifer Brumfield
On American Demagoguery To National Security, Jennifer Brumfield
University of Cincinnati Law Review
No abstract provided.