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University of Cincinnati College of Law

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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 Jan 2025

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 …


Inpatient Care: Why Ai Must Be Kept Out Of Hospitals, Tawfik Abedali Jun 2024

Inpatient Care: Why Ai Must Be Kept Out Of Hospitals, Tawfik Abedali

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Branding Beyond Boundaries: The Future Of Trademarks And Advertising In Augmented Reality, Maddi Gambone Jun 2024

Branding Beyond Boundaries: The Future Of Trademarks And Advertising In Augmented Reality, Maddi Gambone

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Harvesting Justice In The Land Of The Free: A Call For Legislative Reform For Immigrant Farmworker Rights, Leah Burnett May 2024

Harvesting Justice In The Land Of The Free: A Call For Legislative Reform For Immigrant Farmworker Rights, Leah Burnett

Immigration and Human Rights Law Review

This article delves into the complex legal landscape surrounding farmworker rights, shedding light on a demographic often marginalized and overlooked within the broader scope of labor and immigration law. Despite their indispensable contributions to the agricultural industry, farmworkers frequently face a myriad of challenges, ranging from hazardous working conditions to limited access to basic labor protections. Drawing from legal analysis, empirical research, and real-life cases, this paper explores the historical context, current legal framework, and pressing issues concerning farmworker rights in the United States.

Beginning with an examination of the historical roots of farm labor exploitation, the article elucidates the …


Governing The Metaverse, Jesse Valente May 2024

Governing The Metaverse, Jesse Valente

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile May 2024

If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile

The University of Cincinnati Intellectual Property and Computer Law Journal

The Copyright Act of 1976 aimed to streamline the United States’ copyright system, replacing dual federal and state protections using an express statutory preemption clause, § 301. Despite the Act’s uniformity objective, challenges persist in the consistent application of copyright preemption, particularly concerning breach of contract claims. A circuit split has emerged, with one group arguing for copyright preemption of contracts involving copyrightable material, while another asserts that most contracts that involve copyrightable material are not preempted and can be enforced. This split was underscored and expanded by the 2022 case ML Genius Holdings LLC v. Google LLC, where the …


Virtual Confessions: Examining The Clergy Privilege’S Extension To Artificially Intelligent Religious Robots, Samuel N. Dick May 2024

Virtual Confessions: Examining The Clergy Privilege’S Extension To Artificially Intelligent Religious Robots, Samuel N. Dick

The University of Cincinnati Intellectual Property and Computer Law Journal

Artificial Intelligence (AI) is fundamentally changing the world. AI’s rapid development is driving its integration into every industry, including those traditionally untouched by technology—such as religion. Today, faith groups in America and globally, are integrating AI-driven robots in roles traditionally held by human priests, clergy, or pastors. AI robots have begun giving sermons, conducting funerals/weddings, providing spiritual counseling, and conducting the sacrament of confession. Some faith groups have gone further claiming the worship of AI as an independent religion, and have received § 501(c)(3) tax-exempt status as a church. Whether thoughts of sacrileges, inevitability, or a science-fiction novel emerge, AI’s …


From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair May 2024

From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair

University of Cincinnati Law Review

No abstract provided.


The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder May 2024

The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder

University of Cincinnati Law Review

No abstract provided.


A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp May 2024

A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp

University of Cincinnati Law Review

No abstract provided.


A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act, Sebastian W. Johnson May 2024

A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act, Sebastian W. Johnson

University of Cincinnati Law Review

No abstract provided.


Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles May 2024

Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles

University of Cincinnati Law Review

No abstract provided.


Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley May 2024

Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley

University of Cincinnati Law Review

Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …


Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk May 2024

Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk

University of Cincinnati Law Review

Determining an offender’s “culpability” is fundamental to justice systems worldwide. However, this crucial concept, built on a blending of moral responsibility with legal guilt, remains significantly diluted, including in the U.S. Model Penal Code, for instance, uses an offender’s moral culpability merely to “grade” offenses and determine sentences. This approach, which is mirrored in U.S. state and federal laws and academic discourse, not only affects individual cases but also has far-reaching societal implications.

Under this prevailing perpetrator-centric approach, “harm” narrowly refers to the concrete damage (or the “injury”), such as physical pain and damage or loss of property, the perpetrator …


Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans May 2024

Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans

University of Cincinnati Law Review

One of the most constructive critiques of the Daubert admissibility regime is Professor Edward Cheng’s recent proposal for a new Consensus Rule in the Federal Rules of Evidence. Rejecting the notion that judges and juries have the capacity to evaluate scientific expertise, Cheng’s proposal would eliminate Daubert hearings—and judicial gatekeeping concerning expert testimony—and require judges and juries, in their verdicts, to follow consensus in the relevant scientific community. Significantly, Cheng argues that judges and juries would have an easier time identifying consensus than they have in deciding between experts who disagree.

We find Cheng’s emphasis on consensus compelling, and …


Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake May 2024

Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake

University of Cincinnati Law Review

No abstract provided.


The Missing Links: Why Hyperlinks Must Be Treated As Attachments In Electronic Discovery, Lea Malani Bays, Stuart A. Davidson May 2024

The Missing Links: Why Hyperlinks Must Be Treated As Attachments In Electronic Discovery, Lea Malani Bays, Stuart A. Davidson

University of Cincinnati Law Review

This Article sheds light on a unique but centrally important “twenty-first century” issue involving electronic discovery in federal civil litigation that is just beginning to percolate in federal district courts. Historically, courts have held that a document attached to or enclosed with another document must be produced together when produced in response to a discovery request, as that is how the document was “kept in the usual course of business” and how it is “ordinarily maintained or in a reasonably usable form,” as the Federal Rules of Civil Procedure have required for decades. Today, parties are pushing back on whether …


Dispossession Is Nine-Tenths Of The Law: Understanding How Property Law Is A Tool Of Dispossession Of Fundamental Human Rights, Kathryn Schulte May 2024

Dispossession Is Nine-Tenths Of The Law: Understanding How Property Law Is A Tool Of Dispossession Of Fundamental Human Rights, Kathryn Schulte

Immigration and Human Rights Law Review

The United States government’s systemic dispossession of Native peoples’ land and resources violates international law under the United Nations Declaration of Rights of Indigenous Peoples’ (UNDRIP). It is not a coincidence that the U.S. government has failed to adopt UNDRIP as binding domestic legislation, but a means to maintain the racist status quo upon which the country’s property laws were created. It is imperative that the United States legally recognizes the rights of Native People in order to provide justice for the millions wronged by the violence of settler colonialism. This article will begin with an introduction to the history …


Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab May 2024

Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab

Immigration and Human Rights Law Review

Universal jurisdiction is a tool that allows States to prosecute perpetrators of heinous crimes, even when the crimes are seemingly unrelated to the prosecuting country. While the principles of universal jurisdiction are not a new concept, the frequency at which universal jurisdiction is used has rapidly increased. The explanation for this explosion in the use of universal jurisdiction is a direct product of the extradition of Chilean dictator Augusto Pinochet to Spain for war crimes and genocide. While Pinochet’s case ended long ago, the impact it left on the international legal community will live on for decades to come. This …


Advancing Human Rights Education In The United States: A Call For Action In The Public Education System, Shannon M. Conroy May 2024

Advancing Human Rights Education In The United States: A Call For Action In The Public Education System, Shannon M. Conroy

Immigration and Human Rights Law Review

Human rights education is education about, through, and for human rights. In 2004, the United Nations General Assembly implemented the World Programme for Human Rights Education. The World Programme provides global coordination for human rights education and promotes a common understanding of human rights education. Over the last twenty years, the United States failed to implement either federal or state human rights education programs. This article examines the academic and international discussion about human rights education for students in the United States, and argues for the need for stronger human rights education in public primary, secondary, and higher education institutions …


Decriminalization Of Sex Work In The United States: Protecting The Right To Bodily Autonomy And Health, Taiylor Ryan May 2024

Decriminalization Of Sex Work In The United States: Protecting The Right To Bodily Autonomy And Health, Taiylor Ryan

Immigration and Human Rights Law Review

Despite the legalization and reluctant acceptance of pornography and sites like OnlyFans, the United States continues to criminalize sex work. While the work that sex workers perform is similar to that of pornography or OnlyFans, sex workers are not afforded the same protections under the law. As a result of criminalization, sex workers are forced to work in unsafe conditions. Fear of facing criminal charges keeps sex workers from turning to the police when they need help or need to report a crime. Criminalization also adds to the stigma surrounding sex work, creating barriers that prevent sex workers from receiving …


Gender Pay Gap: Human Rights Violations Against Mexican Women Under The Cedaw And Udhr, Valerie M. Garcia May 2024

Gender Pay Gap: Human Rights Violations Against Mexican Women Under The Cedaw And Udhr, Valerie M. Garcia

Immigration and Human Rights Law Review

The gender pay gap is an ongoing reality for women in Mexico, where domestic human rights commissions have reported it to be 76.5% as of 2023. As one of the Latin American countries with the highest gender pay gap, this paper analyzes the extent of government efforts to narrow the gap throughout different presidential administrations. Contemporaneously, the role of cultural machismo in Mexican society was examined to determine its impact on legal drafting and application for the benefit of women. The findings showed that cultural machismo and a passive government have impeded the closing of the gender pay gap and …


Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals, Emma Kalucki May 2024

Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals, Emma Kalucki

Immigration and Human Rights Law Review

Hazing has claimed the lives of hundreds of victims and is inflicted upon thousands more each year. Governments worldwide have worked to create laws prohibiting hazing and punishing those who inflict abuse upon others. But they have not worked hard enough.This article explores the human rights violations normalized through the continued, widespread practice of hazing. It first dives into the history of hazing practices within the United States, Portugal, and Thailand, focusing on hazing occurring within universities and affiliated organizations. Next, through an examination of national and international laws, this article criticizes the lack of each respective government’s action to …


An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, Jared Yaggie Mar 2024

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 Mar 2024

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 Mar 2024

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 Mar 2024

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 Mar 2024

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 Mar 2024

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 Mar 2024

Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark

University of Cincinnati Law Review

No abstract provided.