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Articles 1 - 30 of 46
Full-Text Articles in Law
Reconstituting The United States: Could An Article V Convention Prevent The Next January 6?, Paul G. Rando
Reconstituting The United States: Could An Article V Convention Prevent The Next January 6?, Paul G. Rando
University of Cincinnati Law Review
No abstract provided.
Declaring Dankruptcy: Exploring Avenues To Relief For Debtors Involved With Cannabis, Danny O'Connor
Declaring Dankruptcy: Exploring Avenues To Relief For Debtors Involved With Cannabis, Danny O'Connor
University of Cincinnati Law Review
No abstract provided.
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
University of Cincinnati Law Review
No abstract provided.
Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger
Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger
University of Cincinnati Law Review
No abstract provided.
Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris
Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris
University of Cincinnati Law Review
No abstract provided.
Corporate Innovation: One Path To More Sustainable Big Business, David Nows
Corporate Innovation: One Path To More Sustainable Big Business, David Nows
University of Cincinnati Law Review
No abstract provided.
Revisiting Employment Division V. Smith, Blaine L. Hutchison
Revisiting Employment Division V. Smith, Blaine L. Hutchison
University of Cincinnati Law Review
The Supreme Court wrongly decided Employment Division v. Smith. Without briefing or argument over the Free Exercise Clause’s meaning, Smith eliminated the constitutional right to exercise religion and replaced it with an equal protection rule. The decision threatens religious freedom and encourages conflict. The Supreme Court should revisit Smith. This article shows that the majority’s arguments in Smith fail and contradict the Free Exercise Clause’s text, purpose, and original meaning.
The Smith majority gave no sound legal or policy reason for its decision. Indeed, the decision conflicted with settled precedents that no party questioned. Nor did it determine …
Invasions Of Dicamba Particles: Holding States Accountable For Taking Offsite Property Owners' Right To Exclude, Terence J. Centner
Invasions Of Dicamba Particles: Holding States Accountable For Taking Offsite Property Owners' Right To Exclude, Terence J. Centner
University of Cincinnati Law Review
In 2017, special formulations of dicamba herbicides known as over-the-top products were marketed for post-emergent use on genetically engineered soybeans and cotton. The use of these products was accompanied by considerable herbicide drift and volatilization that harmed millions of acres of nearby crops. In 2018, the EPA added requirements to the products’ labels to preclude offsite injuries. However, for each growing season during 2018-2021, unacceptable offsite injuries were reported in the major soybean and cotton producing states. Because they received reported injuries, state agencies issuing new registrations for dicamba products in 2018 and 2020 knew offsite spray drift and volatilization …
Ethnic Economies, Cultural Resources, And The African American Question, Lan Cao
Ethnic Economies, Cultural Resources, And The African American Question, Lan Cao
University of Cincinnati Law Review
No abstract provided.
The Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart
The Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart
University of Cincinnati Law Review
No abstract provided.
Why Is A Debt Collector Texting Me? The Modernization Of Debt Collection Practices, Emily Schmidt
Why Is A Debt Collector Texting Me? The Modernization Of Debt Collection Practices, Emily Schmidt
University of Cincinnati Law Review
No abstract provided.
Attack On The Spac: The Push To Regulate Special Purpose Acquisition Companies As Investment Companies Under The Investment Company Act, Sean Meyer
University of Cincinnati Law Review
No abstract provided.
Speech Markets & Web3: Refreshing The First Amendment For Non-Fungible Tokens (Nfts), Tanner Dowdy
Speech Markets & Web3: Refreshing The First Amendment For Non-Fungible Tokens (Nfts), Tanner Dowdy
University of Cincinnati Law Review
No abstract provided.
Privacy Please — Direct Observation Drug Testing & Invasion Of Privacy, Elizabeth Black
Privacy Please — Direct Observation Drug Testing & Invasion Of Privacy, Elizabeth Black
University of Cincinnati Law Review
No abstract provided.
Unsticking American Tort Theory, Benjamin Sundholm
Unsticking American Tort Theory, Benjamin Sundholm
University of Cincinnati Law Review
In the United States, the debate over the foundations of tort law is at an impasse. On one side of the dispute, economic theorists contend that tort law is primarily concerned with the forward-looking aim of maximizing societal wealth. The most prominent critics of this view claim that an economic analysis of tort law cannot explain the field’s backward-looking concern with achieving corrective justice by remedying wrongs. Despite the strength of this critique, economic theorists have a legitimate response available to them: corrective justice describes the reparative aspect of tort law, but it stops short of providing a justificatory account …
On Account Of Youth: Winning Asylum For Children, Linda Kelly
On Account Of Youth: Winning Asylum For Children, Linda Kelly
University of Cincinnati Law Review
No abstract provided.
Leading Law Schools: Relationships, Influence, And Negotiation, Michael T. Colatrella Jr.
Leading Law Schools: Relationships, Influence, And Negotiation, Michael T. Colatrella Jr.
University of Cincinnati Law Review
No abstract provided.
Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury
Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury
University of Cincinnati Law Review
Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact …
All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc., Danny O'Connor
All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc., Danny O'Connor
University of Cincinnati Law Review
No abstract provided.
The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence, Lisa Z. Rosenof
The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence, Lisa Z. Rosenof
University of Cincinnati Law Review
No abstract provided.
A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach
A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach
University of Cincinnati Law Review
No abstract provided.
Mitigating The Discretion Disaster: How Changes In The Law Can Help Fema Effectuate Its Critical Mission, Paul G. Rando
Mitigating The Discretion Disaster: How Changes In The Law Can Help Fema Effectuate Its Critical Mission, Paul G. Rando
University of Cincinnati Law Review
No abstract provided.
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age, Andrew White
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age, Andrew White
University of Cincinnati Law Review
No abstract provided.
Prospects For Legal Analytics: Some Approaches To Extracting More Meaning From Legal Texts, Kevin D. Ashley
Prospects For Legal Analytics: Some Approaches To Extracting More Meaning From Legal Texts, Kevin D. Ashley
University of Cincinnati Law Review
No abstract provided.
Probing For Holes In The 100-Year-Old Baseball Exemption: A New Post-Alston Challenge, Sam C. Ehrlich
Probing For Holes In The 100-Year-Old Baseball Exemption: A New Post-Alston Challenge, Sam C. Ehrlich
University of Cincinnati Law Review
As professional baseball’s unique exemption to antitrust law celebrates its one-hundredth year of existence, it faces a new attack in Nostalgia Partners v. Office of the Commissioner of Baseball, a claim by a group of minor league owners shut out of MLB’s recent restructuring of its minor league affiliate system. While the baseball exemption has weathered dozens of similar challenges over the past century, the Nostalgia Partners plaintiffs claim that circumstances on the Supreme Court have changed enough that the justices would be willing to overturn or narrow the exemption in their favor. This claim rests with the Court’s …
Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte
Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte
University of Cincinnati Law Review
No abstract provided.
Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park
Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park
University of Cincinnati Law Review
There is a puzzle in the field of international investment law: many negotiating countries fail to complete their International Investment Agreements (“IIA”) and postpone the renegotiations for completion as well. The literature on IIAs has neglected to consider the existence, causes, and solutions of this phenomenon. This study employs the incomplete contract theory to explain the causes and solutions surrounding this phenomenon.
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron
University of Cincinnati Law Review
No abstract provided.
Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic, Noah Olson
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts, Madison Yoder
An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts, Madison Yoder
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.