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Articles 1 - 30 of 658
Full-Text Articles in Law
Transforming Constitutional Doctrine Through Mandatory Appeals From Three-Judge District Courts: The Warren And Burger Courts And Their Contemporary Lessons, Michael E. Solimine
Transforming Constitutional Doctrine Through Mandatory Appeals From Three-Judge District Courts: The Warren And Burger Courts And Their Contemporary Lessons, Michael E. Solimine
Faculty Articles and Other Publications
Judicial interpretations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment underwent significant change, both expanding and retrenching in various ways, in Supreme Court doctrine during the Warren and Burger Courts. An underappreciated influence on the change is the method by which those cases reached the Court’s docket. A significant number of the cases reached the Court’s docket not by discretionary grants of writs of certiorari, as occurred in most other cases, but by mandatory appeals directly from three-judge district courts. This article makes several contributions regarding the important changes in these doctrines during the Warren Court …
An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, Jared Yaggie
University of Cincinnati Law Review
No abstract provided.
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson
University of Cincinnati Law Review
No abstract provided.
Born In The U.S.A.: Analyzing The Domesticity Of Judgments In The Civil Rico Context, Alex Reid
Born In The U.S.A.: Analyzing The Domesticity Of Judgments In The Civil Rico Context, Alex Reid
University of Cincinnati Law Review
No abstract provided.
The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke
The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke
University of Cincinnati Law Review
No abstract provided.
S.B. H(8): Battle Of The Bills And Private Enforcement, Hailey Martin
S.B. H(8): Battle Of The Bills And Private Enforcement, Hailey Martin
University of Cincinnati Law Review
No abstract provided.
Building Resilience By Removing Barriers: Addressing Structural Impediments To Advocacy By Nonprofit Organizations On Behalf Of The Unenfranchised, Kirsten Widner, Heather M. Kolinsky
Building Resilience By Removing Barriers: Addressing Structural Impediments To Advocacy By Nonprofit Organizations On Behalf Of The Unenfranchised, Kirsten Widner, Heather M. Kolinsky
University of Cincinnati Law Review
Charitable contributions, particularly from private foundations, are an essential source of support for many nonprofit charitable organizations. However, the ability to accept these contributions comes with significant restrictions on lobbying and advocacy. Using vulnerability theory and an original survey of nonprofit advocacy organizations, we show that current restrictions on 501(c)(3) organizations disproportionally limit advocacy on behalf of the most politically disadvantaged groups—those without the right to vote. This, in turn, reinforces existing inequalities in whose voices are heard and whose interests are considered by policymakers. This Article argues that reforming the laws that structure what organizations can take tax-deductible charitable …
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark
University of Cincinnati Law Review
No abstract provided.
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
University of Cincinnati Law Review
This Article’s purpose is to propose a heuristic for effectively resolving complex litigation problems that are not clearly or concisely defined, do not present any immediate solutions, frequently involve novel situations or applications of legal doctrine, and suggest a variety of possible approaches. The features of this heuristic are derived from and compatible with what we know about good scientific theories and cognitive studies on acquiring knowledge and expertise in any area. As proposed herein, students and less experienced practitioners should focus on developing “critical thinking” skills allowing them to use their training and experience to become adept at identifying …
Is A Will Better Than Intestacy?, Kristine S. Knaplund
Is A Will Better Than Intestacy?, Kristine S. Knaplund
University of Cincinnati Law Review
No abstract provided.
The Unregulated World Of Your Most Personal Of Personal Information: A Proposal For A Federal Biometric Information Privacy Law, Isabel M. Vuyk
The Unregulated World Of Your Most Personal Of Personal Information: A Proposal For A Federal Biometric Information Privacy Law, Isabel M. Vuyk
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk
Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The United States Must Reform Its Laws To Eradicate Female Genital Mutilation, Kelly Schweikert
The United States Must Reform Its Laws To Eradicate Female Genital Mutilation, Kelly Schweikert
Immigration and Human Rights Law Review
No abstract provided.
The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee
The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee
Immigration and Human Rights Law Review
The human right to education and health are inherently interrelated, both key in ensuring the health and development of an equitable and just society.1 Yet, the series of bills currently threatening the inclusion of essential conversations about race, sexuality, and sexual orientation is an overt attempt to obscure the honest history of the United States and further supplant the current social hierarchy. The United States’ failure to acknowledge the essential role representational education plays in undermining the disparate outcomes that afflict vulnerable communities in the country deserves more attention than it has garnered. Here, the disparate health status of Black …
Anti-Abortion Authoritarianism: The Rise Of Restriction On Voting Rights And Free Speech Post-Dobbs, Emma Kalucki
Anti-Abortion Authoritarianism: The Rise Of Restriction On Voting Rights And Free Speech Post-Dobbs, Emma Kalucki
Immigration and Human Rights Law Review
Following the Dobbs v. Jackson Women’s Health Organization decision, state governments have individually addressed abortion rights through legislation. Many Republican controlled state legislators have taken extreme authoritarian and harsh measures to push anti-abortion legislation; however, these measures, while addressing abortion rights, heavily infringe on basic human rights guaranteed to the American people. More specifically, the proposed amendment to Ohio’s State Constitution in August 2023 violated Ohioan’s essential voting rights and Idaho’s No Public Funds for Abortion Act blatantly infringes upon public university professor’s First Amendment freedom of speech.
False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton
False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton
Immigration and Human Rights Law Review
No abstract provided.
Italian And Eu Funding Of The Libyan Coast Guard: How Italian External Border Immigration Policies Have Created Crimes Against Humanity, Public Ignorance, And Legal Accountability Issues, Andrea Beck
Immigration and Human Rights Law Review
No abstract provided.
287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers
287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers
Immigration and Human Rights Law Review
Section 287(g) of the Immigration and Nationality Act authorizes the United States Immigration and Customs Enforcement (ICE) to form agreements with local law enforcement departments; deputizing them for ICE’s objectives while they continue to serve their local municipalities. This program has resulted in racial profiling, the stripping of liberties, and wrongful detentions. In recent years, municipalities have signed 287(g) agreements at a staggering rate. The UN Committee on the Elimination of Racial Discrimination issued a report pleading for the US to end this practice, yet there seems to be no end in sight. In this essay, I hope to explain …
No Peeking: Addressing Pretextual Inspection Demands By Competitor-Affiliated Shareholders, Lin (Lynn) Bai, Sean Meyer
No Peeking: Addressing Pretextual Inspection Demands By Competitor-Affiliated Shareholders, Lin (Lynn) Bai, Sean Meyer
Faculty Articles and Other Publications
This article exposes how Delaware private companies are vulnerable to pretextual inspections under the guise of valuation by shareholders who are affiliated with competitors of the companies. The Delaware Court of Chancery’s 2020 decision in Woods v. Sahara Enterprises, Inc., which deviated from established law by switching the initial burden of proof of the shareholder’s motive to the target company, exacerbated this vulnerability. This article argues for reversing that decision and proposes changes in multiple areas of law to help companies fend off prying competitors who abuse statutory shareholder inspection rights for unfair advantages in competition.
Breaking The Non-Compete Cycle: A Legal And Economic Analysis Of The Ftc's Power Move, Stephen Fox
Breaking The Non-Compete Cycle: A Legal And Economic Analysis Of The Ftc's Power Move, Stephen Fox
University of Cincinnati Law Review
No abstract provided.
Releasing The Captives: How The National Labor Relations Board Can Correct The Anomalous Captive Audience Meeting Doctrine, Adam J. Drapcho
Releasing The Captives: How The National Labor Relations Board Can Correct The Anomalous Captive Audience Meeting Doctrine, Adam J. Drapcho
University of Cincinnati Law Review
No abstract provided.
A Right Without A Remedy: How One Cincinnatian's Story Illustrates Terrorism Victims' Inability To Obtain Compensation Under The Foreign Sovereign Immunities Act, Christopher T. Colloton
A Right Without A Remedy: How One Cincinnatian's Story Illustrates Terrorism Victims' Inability To Obtain Compensation Under The Foreign Sovereign Immunities Act, Christopher T. Colloton
University of Cincinnati Law Review
No abstract provided.
Vega V. Tekoh And The Erosion Of Miranda: A Reframing Of Miranda As A Procedural Due Process Requirement, Tess A. Chaffee
Vega V. Tekoh And The Erosion Of Miranda: A Reframing Of Miranda As A Procedural Due Process Requirement, Tess A. Chaffee
University of Cincinnati Law Review
No abstract provided.
Becoming "Audit" It Can Be: Improving Public School Funding Through A Streamlined Sales And Use Tax Agreement For Real Property Tax, Megan E. Bowling
Becoming "Audit" It Can Be: Improving Public School Funding Through A Streamlined Sales And Use Tax Agreement For Real Property Tax, Megan E. Bowling
University of Cincinnati Law Review
No abstract provided.
Value Judgments In Judicial Reasoning, And The Instability Of The Fact-Law Distinction, Stephen A. Simon
Value Judgments In Judicial Reasoning, And The Instability Of The Fact-Law Distinction, Stephen A. Simon
University of Cincinnati Law Review
No abstract provided.
Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah
Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah
University of Cincinnati Law Review
The rules governing the scope of liability in cases where firearms cause injuries—some well-established, others fairly novel—help to define the responsibilities of users, owners, and sellers of these popular but dangerous products. As the U.S. Supreme Court has recently expanded an individual’s right to keep and bear arms, some have wondered whether the Second Amendment might operate to limit the reach of these various tort doctrines. Sixty years ago, the Court started to constitutionalize various aspects of state common law, most famously using the First Amendment to limit defamation claims but in other respects as well. A comparable approach to …
Voluntary Dismissals, Jurisdiction & Waiving Appellate Review, Bryan Lammon
Voluntary Dismissals, Jurisdiction & Waiving Appellate Review, Bryan Lammon
University of Cincinnati Law Review
Litigants have long tried to manufacture a final, appealable decision by voluntarily dismissing their claims after an adverse interlocutory decision. Recently—and especially since the Supreme Court’s decision in Microsoft Corp. v. Baker—courts have thought that these dismissals created a jurisdictional problem. Either the voluntary dismissal did not produce a final decision, or the dismissal extinguished Article III jurisdiction. But the problem with these appeals is not jurisdictional. It’s waiver. A voluntary dismissal after an adverse interlocutory decision waives the right to appellate review. This Article shows the flaws in the jurisdictional rejection of this kind of manufactured finality and …
Pooling And Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen, Annkathrin Marschall
Pooling And Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen, Annkathrin Marschall
University of Cincinnati Law Review
An agreement to exchange competitive sensitive information among rivalrous competitors usually results from an intent to inhibit or restrict the discretion of those firms to engage in competition. Basic economic logic about competition leads to that conclusion. Hence, such an exchange is in itself a naked agreement in restraint of trade without legal justification. Currently, case law requires a more convoluted and irrelevant inquiry into market definition and market power before a court can condemn such agreements. This is the result of ambiguous Supreme Court decisions as well as the recognition that in a few instances there are plausible arguments …
Section 230 As Civil Rights Statute, Enrique Armijo
Section 230 As Civil Rights Statute, Enrique Armijo
University of Cincinnati Law Review
Many of our most pressing discussions about justice, progress, and civil rights have moved online. Activists advocating for social change no longer need to be in the same physical space to connect with others who share their challenges and aspirations. But the convergence of mobility, connectivity, and technology is not the only reason why. Thanks to Section 230 of the Communications Decency Act’s (“Section 230”) immunity for online platforms, websites, and their hosts, speakers can engage in speech about protest, equality, and dissent without fear of collateral censorship from governments, authorities, and others in power who hope to silence them. …