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University of Cincinnati College of Law

2020

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Articles 1 - 30 of 44

Full-Text Articles in Law

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk Dec 2020

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas Dec 2020

Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


The Double-Edged Sword Of Medical Patents: How Monopolies On Healthcare Products Disparately Impact Certain American Populations, Sarah Mcgraw Nov 2020

The Double-Edged Sword Of Medical Patents: How Monopolies On Healthcare Products Disparately Impact Certain American Populations, Sarah Mcgraw

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


What The Supreme Court Is Likely To Do In The Presently Pending Case Google V. Oracle, Jennifer Campbell Nov 2020

What The Supreme Court Is Likely To Do In The Presently Pending Case Google V. Oracle, Jennifer Campbell

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley Nov 2020

Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


The Case Against Lacroix: Moving Beyond The Ingredient List In "Natural" Litigation, Christy Wyatt Oct 2020

The Case Against Lacroix: Moving Beyond The Ingredient List In "Natural" Litigation, Christy Wyatt

University of Cincinnati Law Review

No abstract provided.


The Functional Approach To The Ministerial Exception: Applying The Exception To Employees Who Minister, Maria Ruwe Oct 2020

The Functional Approach To The Ministerial Exception: Applying The Exception To Employees Who Minister, Maria Ruwe

University of Cincinnati Law Review

No abstract provided.


Speaking Of Direct Democracy, Judicial Review Of State Ballot Initiative Laws Under The First Amendment, Trane J. Robinson Oct 2020

Speaking Of Direct Democracy, Judicial Review Of State Ballot Initiative Laws Under The First Amendment, Trane J. Robinson

University of Cincinnati Law Review

No abstract provided.


Are Judges Policymakers? A Constitutional Rebuff To Judicial Reform, Zach Hullinger Oct 2020

Are Judges Policymakers? A Constitutional Rebuff To Judicial Reform, Zach Hullinger

University of Cincinnati Law Review

No abstract provided.


Shortening The Leash: Emotional Support Animals Under The Fair Housing Act, Katie Basalla Oct 2020

Shortening The Leash: Emotional Support Animals Under The Fair Housing Act, Katie Basalla

University of Cincinnati Law Review

No abstract provided.


Freedom Of Speech As A Right To Know, Tao Huang Oct 2020

Freedom Of Speech As A Right To Know, Tao Huang

University of Cincinnati Law Review

No abstract provided.


Myth, Manipulation, And Minor League Baseball: How A Capitalist Democracy Engenders Income Inequality, Phillip J. Closius, Joseph S. Stephan Oct 2020

Myth, Manipulation, And Minor League Baseball: How A Capitalist Democracy Engenders Income Inequality, Phillip J. Closius, Joseph S. Stephan

University of Cincinnati Law Review

No abstract provided.


Big Brother Is Watching: Law Enforcement's Use Of Digital Technology In The Twenty-First Century, Samuel D. Hodge Jr. Oct 2020

Big Brother Is Watching: Law Enforcement's Use Of Digital Technology In The Twenty-First Century, Samuel D. Hodge Jr.

University of Cincinnati Law Review

No abstract provided.


Lorenzo V. Sec: Blurring The Line Between Primary And Secondary Securities Fraud Liability, Brian Elzweig Oct 2020

Lorenzo V. Sec: Blurring The Line Between Primary And Secondary Securities Fraud Liability, Brian Elzweig

University of Cincinnati Law Review

No abstract provided.


Confessions And Redemption—And Politics—For An Un-Neutral Person Who Mediates, Marjorie Corman Aaron Oct 2020

Confessions And Redemption—And Politics—For An Un-Neutral Person Who Mediates, Marjorie Corman Aaron

Faculty Articles and Other Publications

Within ADR’s house, and now in our arbitration and mediation rooms, we mediators, court ADR administrators, process designers,and arbitrators can construct and conduct processes that reflect moral values our law makers seem to have abandoned.


Reflections On Untethered Philosophy, Settlements, And Nondisclosure Agreements, Marjorie Corman Aaron Sep 2020

Reflections On Untethered Philosophy, Settlements, And Nondisclosure Agreements, Marjorie Corman Aaron

Faculty Articles and Other Publications

The potentially harmful consequences of nondisclosure agreements in private settlements are troubling. They are a legal system problem, however, for which ADR is not to blame. Unless NDAs were prohibited for all legal claims, prohibiting them in mediated settlements would create greater incentives for pre-litigation direct settlements. The result would be less, not more, public awareness of (alleged) misdeeds.


Protecting The Flores And Hutto Settlements: A Look At The History Of Migrant Children Detention And Where Immigration Policies Are Headed, Megan Kauffman Aug 2020

Protecting The Flores And Hutto Settlements: A Look At The History Of Migrant Children Detention And Where Immigration Policies Are Headed, Megan Kauffman

Immigration and Human Rights Law Review

The Flores and Hutto settlement agreements established basic standards the government must meet when detaining minor children. This comment discusses the history and importance of the Flores and Hutto agreement and the current administration’s attempt to limit and circumvent both agreements.


Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng May 2020

Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng

Immigration and Human Rights Law Review

The practice of child marriage is often discussed in the context of developing countries and many people find it unthinkable that child marriage also occurs in developed countries such as the United States of America. However, child marriage is a serious problem in the United States that affects thousands of children each year. This comment reviews the loopholes in state marriage laws. Part II considers the scope of child marriage as a human rights violation and the effects of child marriage. It also provides a background of the loopholes in state marriage laws, and a focus on the marriage laws …


Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings, Alexis Woolison May 2020

Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings, Alexis Woolison

Immigration and Human Rights Law Review

When federal agents exhibit conduct that violates the United States Constitution, the Supreme Court has held that those agents should be held civilly liable for their actions, as shown by its decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. Applicable constitutional violations include those which infringe on any individuals’ constitutional rights. This includes violations of the constitutional rights of noncitizens. Although the Supreme Court disfavors expansion of Bivens claims and has only extended this remedy twice, in Davis v. Passman and Carlson v. Green, the Ninth Circuit Court recently approved such expansion in a …


Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims, Jordan Cotleur May 2020

Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims, Jordan Cotleur

Immigration and Human Rights Law Review

Despite an uptake in legislation criminalizing domestic violence since the 1990’s, women in Latin America still face the highest rates of gender-based and domestic violence of any region in the world. In Central America, two-thirds of female homicide victims are killed because of their status as a woman (also known as “femicide”) and half of women face this fate at the hands of a current or former partner. The violence perpetuates at such an alarming rate because investigations into gender-based violence are nearly non-existent in the region. In 2016, it was reported that up to ninety-eight percent of cases involving …


Murphy V. Ncaa: Why States In Need Of Revenue Should Challenge The Constitutionality Of 15 U.S.C. § 381, Owen Walsh Apr 2020

Murphy V. Ncaa: Why States In Need Of Revenue Should Challenge The Constitutionality Of 15 U.S.C. § 381, Owen Walsh

University of Cincinnati Law Review

No abstract provided.


Local Right-To-Work Ordinances: Why § 14(B) Of The National Labor Relations Act Preempts Political Subdivisions From Regulating Union-Security Agreements, Michael Soder Apr 2020

Local Right-To-Work Ordinances: Why § 14(B) Of The National Labor Relations Act Preempts Political Subdivisions From Regulating Union-Security Agreements, Michael Soder

University of Cincinnati Law Review

No abstract provided.


A Tale Of Two Sales: How A Secret Sale Remains A Bar To Patentability Under The Aia, Kris Schroder Apr 2020

A Tale Of Two Sales: How A Secret Sale Remains A Bar To Patentability Under The Aia, Kris Schroder

University of Cincinnati Law Review

No abstract provided.


Who Carries The Burden Of Proving Causation In An Erisa Section 409(A) Suit For Breach Of Fiduciary Duty?, Edward Rivin Apr 2020

Who Carries The Burden Of Proving Causation In An Erisa Section 409(A) Suit For Breach Of Fiduciary Duty?, Edward Rivin

University of Cincinnati Law Review

No abstract provided.


Please Remain Standing: Using Fed. R. Civ. P. 15(D) Supplemental Pleading To Cure Defects In Standing, Carson Miller Apr 2020

Please Remain Standing: Using Fed. R. Civ. P. 15(D) Supplemental Pleading To Cure Defects In Standing, Carson Miller

University of Cincinnati Law Review

No abstract provided.


Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis Apr 2020

Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis

University of Cincinnati Law Review

No abstract provided.


A Theory Of The Business Trust, Eric C. Chaffee Apr 2020

A Theory Of The Business Trust, Eric C. Chaffee

University of Cincinnati Law Review

No abstract provided.


Business Trusts In China: A Reality Check, Lusina Ho Apr 2020

Business Trusts In China: A Reality Check, Lusina Ho

University of Cincinnati Law Review

No abstract provided.


The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner Apr 2020

The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner

University of Cincinnati Law Review

No abstract provided.


The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary Apr 2020

The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary

University of Cincinnati Law Review

No abstract provided.