Law Commons^™

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.

"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel

University of Cincinnati Law Review

No abstract provided.

Trick Or Treat? How A U.S. Patent Over A Method For Processing Sugarcane Wrongly Alarmed The Colombian Panela Industry, Carter Ostrowski

University of Cincinnati Law Review

No abstract provided.

Innocent Until Suspected Guilty, Rebekah Durham

University of Cincinnati Law Review

No abstract provided.

Revitalizing The Ban On Conversion Therapy: An Affirmation Of The Constitutionality Of Conversion Therapy Bans, Logan Kline

University of Cincinnati Law Review

No abstract provided.

Rejecting Word Worship: An Integrative Approach To Judicial Construction Of Insurance Policies, Jeffrey W. Stempel, Erik S. Knutsen

University of Cincinnati Law Review

Insurance coverage litigation is a quest for discerning meaning: Does the insurance policy cover the loss at issue? Construing the insurance policy, courts attempt to give legal effect to what the document purports to command. But what were the intentions and expectations of insurer and insured? Do those intentions even matter? Or is only the written text of the policy relevant to the coverage result? Courts addressing these questions typically frame the interpretative choice as one of strict textualism versus contextual functionalism.

In many, perhaps even most situations, text and context align to create an “easy” case. If a factory …

Political Equality And First Amendment Challenges To Labor Law, Luke Taylor

University of Cincinnati Law Review

This Article conceptualizes a novel basis for defending laws that strengthen labor unions from First Amendment challenge: the argument that these laws are adequately tailored to advancing a compelling state interest in reducing economic inequality’s transmission into political inequality. The Article makes two principal contributions. First, it updates criticisms of the Supreme Court’s campaign finance decisions’ rejection of any compelling interest sounding in political equality. The Article does so by bringing recent constitutional scholarship to bear on that criticism and by explaining how recent improvements in social scientists’ ability to track different economic brackets’ political influence call for the Court …

Challenging Solitary Confinement Through State Constitutions, Alison Gordon

University of Cincinnati Law Review

Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the known harms associated with the practice. The two-part test established by the federal courts to evaluate Eighth Amendment claims and limitations on challenging prison conditions under the Prison Litigation Reform Act can make it difficult to establish that solitary confinement is cruel and unusual punishment.

State constitutional challenges to solitary confinement are underexplored. Nearly all state constitutions contain an equivalent provision to the Eighth Amendment’s prohibition on cruel and unusual punishment. State courts need not be bound by federal jurisprudence in interpreting the scope of the state …

Authority, Obedience, And Justification, Michelle Madden Dempsey

University of Cincinnati Law Review

We have a duty to think for ourselves. The law claims authority over us. We have a duty, at least sometimes, to obey the law. Alone, each of these premises is fairly uncontroversial. Combined, they create some intriguing puzzles. Can law’s claim of authority be justified? If so, does justified legal authority entail an obligation to obey the law? If not, are we nonetheless justified, and perhaps even obligated, to act as if such an obligation exists? While this essay is hardly the first to address these questions, it is the first to do so by combining elements of Joseph …

Moby-Dick As Corporate Catastrophe: Law, Ethics, And Redemption, David Yosifon

University of Cincinnati Law Review

Herman Melville’s Moby-Dick serves here as a vehicle through which to interrogate core features of American corporate law and excavate some of the deeper lessons about the human soul that lurk behind the pasteboard mask of the law’s black letter. The inquiry yields an illuminating vantage on the ethical consequences of corporate capital structure, the law of corporate purpose, the meaning of voluntarism, the ethical stakes of corporate fiduciary obligations, and the role of lawyers in preventing or facilitating corporate catastrophe. No prior familiarity with the novel or corporate law is required.

The Rooker-Feldman Doctrine: The Case For Putting It To Work, Not To Rest, Bradford Higdon

University of Cincinnati Law Review

No abstract provided.

Proof Of Objective Falsehood: Liability Under The False Claims Act For Hospice Providers, Sebastian West

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

University of Cincinnati Law Review

No abstract provided.

Force Majeure, Vis Major, Impossibility, And Impracticability Under Ohio Law Before And After Covid-19, Laura Gates

University of Cincinnati Law Review

No abstract provided.

Reifying Anderson-Burdick: Voter Protection In The Time Of Pandemic And Beyond, Keeley Gogul

University of Cincinnati Law Review

No abstract provided.

Saving The Nonessential With Radical Tax Policy, Rodney P. Mock, Kathryn Kisska-Schulze

University of Cincinnati Law Review

Under the Internal Revenue Code of 1986, as amended, for-profit entities are distinguishable from tax-exempt entities in that they, among other factors, pursue profits, and enjoy unrestricted commercial activities. The COVID-19 lockdowns prevented commercial activity for numerous for-profit small businesses. For the first time in United States history, a distinction was made between "essential" and "nonessential" businesses. Such distinction is historically absent in both legal scholarship and tax law; instead, it is a product of governmental reaction to the COVID-19 pandemic. Via executive order, nonessential businesses were characterized as being trivial to the fabric of society, and thus shuttered, while …

Justice Delayed Is Not Justice Denied: Considerations And Concerns For Addressing The National Sexual Assault Kit Backlog, Bryan Schwartz

University of Cincinnati Law Review

Across the nation, many states have started clearing their backlogs of thousands of untested sexual assault kits. Most states have also implemented legislative and procedural safeguards to improve sexual assault investigation and prevent future backlogs. This article first posits that states seeking to address their sexual assault kit backlog should consider Nevada’s approach, which successfully eliminated the backlog and simultaneously reformed its sexual assault investigation procedures. However, this article primarily argues that, without allocating reoccurring future funding to support the recent legislative and procedural changes, states run the risk of future backlogs of sexual assault cases. State legislatures and policymakers …

Market Power And Switching Costs: An Empirical Study Of Online Networking Market, Shin-Ru Cheng

University of Cincinnati Law Review

In recent years, states have launched several antitrust investigations targeting digital platforms. A major difficulty in these investigations is demonstrating the extent of a digital platform’s market power. Market power is defined as the control of the output or the price without the loss of business to competitors. As will be explored in this Article, market power is a critical component in an antitrust analysis. On several occasions, courts have adopted the switching costs approach in their analysis of market power. According to this approach, market power may be inferred when the costs of switching from one supplier to another …

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 …

When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman

University of Cincinnati Law Review

The COVID-19 pandemic cast into harsher relief much that was already true about mass incarceration in the United States. It also cast into harsher relief much that was already true about the legal barriers confronting people seeking to make its conditions more humane. This Article offers a brief overview of the legal landscape as the COVID-19 crisis arose and then surveys eight prominent federal cases involving Eighth Amendment claims related to COVID-19 outbreaks at carceral facilities, most of which included significant litigation over whether they could secure release through habeas corpus. The Article then distills six key tensions from these …

Preclearance And Politics: The Future Of The Voting Rights Act, Paige E. Richardson

University of Cincinnati Law Review

No abstract provided.

Debunking Twombly/Iqbal: Plausibility Is More Than Plausible In Ohio And Other States, Matthew Marino

University of Cincinnati Law Review

No abstract provided.

Tainted From Their Roots: The Fundamental Unfairness Of Depriving Foreign Nationals Of Counsel In Immigration Court, Jehanzeb Khan

University of Cincinnati Law Review

No abstract provided.

The Right To Remain Silent: First Amendment Rights Of Physicians In States With Narrated Ultrasound Laws, Sabrina Jemail

University of Cincinnati Law Review

No abstract provided.

Heads I Win, Tails You Lose: The Taxing Risk When Invoking The Fifth Amendment On A Tax Return, Jacob Hoback

University of Cincinnati Law Review

No abstract provided.

The Doctor Will Judge You Now, Blair E. Thompson

University of Cincinnati Law Review

No abstract provided.

Delegating Immigration Admission Powers To The States, Christian Vanderhooft

University of Cincinnati Law Review

Control over immigration is generally seen as a purely federal power that cannot or should not be exercised by the states. Although some scholars have challenged this assumption, their focus is almost always on the ability of states to regulate (or remove) immigrants who are already within their borders. This Article calls for states to intervene in the immigration process at a much earlier stage. It proposes delegating to the states the power to admit new immigrants into the country by giving states control over the issuance of temporary and permanent visas. States would also be able to buy excess …

Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry

University of Cincinnati Law Review

No abstract provided.

"Our Most Sacred Legal Commitments": A Digital Exploration Of The U.S. Supreme Court Defining Who We Are And How They Should Opine, Eric C. Nystrom, David S. Tanenhaus

University of Cincinnati Law Review

No abstract provided.

Bostock V. Lexmark: Is The Zone-Of-Interests Test A Canon Of Donut Holes?, Joseph S. Diedrich

University of Cincinnati Law Review

No abstract provided.