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Full-Text Articles in Law

One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer Dec 2021

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.


Immunity Confusion: Why Are Ohio Courts Unable To Apply A Clear Immunity Standard In School-Bullying Cases?, Liam Mcmillin Oct 2021

Immunity Confusion: Why Are Ohio Courts Unable To Apply A Clear Immunity Standard In School-Bullying Cases?, Liam Mcmillin

University of Cincinnati Law Review

No abstract provided.


Parity As Comparative Capacity: A New Empirics Of The Parity Debate, Meredith R. Aska Mcbride Oct 2021

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 …


Lawyers On Auction - Protecting Class Members, Ittai Paldor Feb 2021

Lawyers On Auction - Protecting Class Members, Ittai Paldor

University of Cincinnati Law Review

The inadequacy of class settlements plagues mass litigation. Virtually all class actions settle, but a plethora of case law and academic writings shows that class attorneys often walk away from these settlements with a hefty fee, while class members receive illusory benefits. Class counsel may intentionally sell out class members by agreeing to a suboptimal settlement in return for increased fees. Class counsel may also genuinely miscalculate the best attainable settlement. In both cases, the mechanisms currently in place to protect class members—mainly court oversight—fail miserably.

This Article develops a simple solution: once a settlement is reached, appointment as class …