Law Commons^™

The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

No abstract provided.

Ordered Liberty: The Guardian Of Justice, Bessie Blackburn, Mary Prentice, Colton Grellier

Helm's School of Government Conference - 2021-2024

No abstract provided.

Prostitution And Pornography: Reforming A Perspective, Mayce Combs

Helm's School of Government Conference - 2021-2024

Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …

Eugenics Not Eradication: How People With Disabilities Have Lost The Right To Life, Ava Standish

Helm's School of Government Conference - 2021-2024

Disability-selective abortion stems from a eugenical philosophy not a hope of eradication. Disabilities cannot be eradicated because they are not diseases. Eugenics seeks to purify society from those who are considered “inferior” and to encourage the rate of births considered “superior.” Eugenics continues today through selective abortion of children with disabilities. These children deserve the right to life guaranteed by natural rights, human rights, and the laws of the United States. Children with disabilities, particularly Down Syndrome, have lost this right to life in the United States and abroad. In the United States, 67% of children with Down Syndrome are …

More Than They Bargained For: Ab 257 And An Alternative Approach To Labor Law In California's Fast-Food Industry, Alex Reid

University of Cincinnati Law Review

No abstract provided.

When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.

Whistleblower Protection Under The False Claims Act: Providing Former Employee Inclusion, Nathaniel Kinman

University of Cincinnati Law Review

No abstract provided.

Wading Through Troubled Waters: Inequities & Improprieties Of Stream Access Laws In The American West, Alexander Johnson

University of Cincinnati Law Review

No abstract provided.

(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets, James Hardman

University of Cincinnati Law Review

No abstract provided.

The Common-Law Roots Of Materiality Under The False Claims Act, Noah Matthew Rich

University of Cincinnati Law Review

No abstract provided.

Fixed Payment Schedules Do Not Foreclose Liability Under The False Claims Act, Glen Mcclain

University of Cincinnati Law Review

No abstract provided.

A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch

University of Cincinnati Law Review

Fraud is crippling government programs, such as Medicare and the military. The government’s primary enforcement tool is the False Claims Act (“FCA”), which not only requires that the defendant pay three times the amount of damages, but also mandates a civil penalty of not less than $5,000 and not more than $10,000 (with adjustments for inflation) per violation. Because civil penalties apply to each false claim, complex fraud schemes may result in a defendant being liable for hundreds or even thousands of civil penalties. This article analyzes when civil penalties (or a portion of treble damages) under the FCA violate …

All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji

University of Cincinnati Law Review

No abstract provided.

Remembering James B. Helmer, Jr., A Titan Of False Claims Act Litigation, B. Nathaniel Garrett

University of Cincinnati Law Review

No abstract provided.

James B. Helmer, Jr. — A Tribute, Neil V. Getnick

University of Cincinnati Law Review

No abstract provided.

James B. Helmer, Jr.: A Legal Maverick For The False Claims Act, S. Elizabeth Malloy, Michael E. Solimine

University of Cincinnati Law Review

No abstract provided.

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Helm's School of Government Conference - 2021-2024

Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.

The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …

Limitation For Liberty, Riley Banker

Helm's School of Government Conference - 2021-2024

This paper examines how the foundational principals of life, liberty, and the pursuit of happiness are under attack in our nation today and demonstrates why protecting them through Federalism is so important.

Trade, Globalism, And The American System, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

No abstract provided.

Christian Influence On Roman Natural Law In The Corpus Juris Civilis, Bryce Tenberg

Helm's School of Government Conference - 2021-2024

Few civilizations have influenced the contemporary world more than the Romans, and the same can be said regarding the field of law. Today, legal foundations throughout the West are built upon the Roman legal system, with the Code of Justinian—also known as the Corpus Juris Civilis—being arguably the most influential. This work compiled and simplified centuries of Roman law to ensure a more efficient jurisprudence, and due to its survival, it would form the foundation of the modern jurisprudence. However, at the same time this work was written, the empire had changed significantly with the adoption of Christianity. This …

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference - 2021-2024

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …

Renovating America's Electrical Grid: Renewable Sources And Resilient Delivery, Justin O'Hare Giffee

Student Theses 2015-Present

Since the late 1800s, America’s electrical grid systems have relied primarily upon fossil fuels for sources of electricity. Due to the outdated structural foundations and glaring holes in distribution networks, the existing electrical grids struggle with electricity escaping, and modern issues such as cybersecurity, resilience, and weather-related events associated with climate change. This essay discusses ongoing problems with current electric grid systems and aims at explaining the importance of incorporating renewables as a solution for these problems into a new grid system. In the first chapter, a detailed explanation is provided regarding the current issues present in America's grid systems. …

A Path To Achieve European Energy Security, Nicholas Wolf

Student Theses 2015-Present

The apparatus of Europe’s energy security has collapsed. The Russian Federation’s invasion of Ukraine, hydrocarbon market turmoil, and the ever-growing threat of climate change has thrust the continent into crisis. As the risks of severe recession, acute energy shortages, and climatic disasters have begun to materialize, the member states of the European Union (EU) have been left scrambling to secure novel energy supplies. In the short-term, these developments pose severe risks to the EU and its member states. Yet, opportunity often presents itself in the midst of hardship, and the European Energy Crisis of 2022 is no different. This essay …

Empowerment Agents: How Student Affairs Professionals Facilitate The Persistence Of Undocumented Students, Tiffany Paige

Dissertations

This qualitative study investigated how student affairs professionals (SAPs) assist undocumented students in their designated institutional roles, and how their support empowers undocumented students to persist. This research sought to document and assess how student affairs professionals—who interact with undocumented students— identify and respond to the issues they face in their work. Built on the theoretical frame of social capital, and using a thematic analysis design set forth by Braun and Clarke (2012), the researcher interviewed seven SAPs and used a phenomenological approach to design the study and to collect and analyze the data.

Two findings and five corresponding themes …

Law Librarians, Let’S Talk About Book Banning, Olivia Smith Schlinck

Library Staff Online Writings

As seems to be the new normal, there is a lot happening in the news (*gestures vaguely around*). It’s easy to focus on a few issues at the expense of others or to get overwhelmed and check out entirely. But there is one issue that keeping tabs on feels like a professional obligation: book banning.

Jurisprudential Hypocrisy Under Israel's Normative Umbrella: Punitive Demolitions As Pre-Conviction, Collective Punishment In The West Bank, Rebecca Mooney

Duke Journal of Comparative & International Law

Since the termination of the British Mandate in 1948 and Israel's subsequent occupation of Palestine, the Israeli government has punitively demolished hundreds of Palestinian homes in the West Bank. After a slight downturn during COVID-19, numbers are once again on the rise. Israel's punitive demolition strategy targets the innocent families of Palestinians allegedly involved in security offenses against Israel. When a suspected offender is detained, Israel orders the demolition of their family home—usually, before the suspect is tried or convicted, and regardless of whether they own or permanently reside in the house. In support of its punitive demolition campaign, Israel …

The Business Of Securities Class Action Lawyering, Stephen J. Choi, Jessica Erickson, Adam C. Pritchard

Law & Economics Working Papers

Plaintiffs’ lawyers in the United States play a key role in combating corporate fraud. Shareholders who lose money as a result of fraud can file securities class actions to recover their losses, but most shareholders do not have enough money at stake to justify overseeing the cases filed on their behalf. As a result, plaintiffs’ lawyers control these cases, deciding which cases to file and how to litigate them. Recognizing the agency costs inherent in this model, the legal system relies on lead plaintiffs and judges to monitor these lawyers and protect the best interests of absent class members. Yet …

Cryptic Patent Reform Through The Inflation Reduction Act, Arti K. Rai, Rachel Sachs, Nicholson Price

Law & Economics Working Papers

If a statute substantially changes the way patents work in an industry where patents are central, but says almost nothing about patents, is it patent reform? We argue the answer is yes — and it’s not a hypothetical question. The Inflation Reduction Act (IRA) does not address patents, but its drug pricing provisions are likely to prompt major changes in how patents work in the pharmaceutical industry. For many years scholars have decried industry’s ever-evolving strategies that use combinations of patents to block competition for as long as possible, widely known as “evergreening,” but legislators have not been receptive to …

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

Reversing Cfius: Analyzing The International And Constitutional Implications Of The Revised National Critical Capabilities Defense Act, Madison Cash

Duke Journal of Comparative & International Law

In 2022, congressional consideration of the Revised National Critical Capabilities Defense Act (Revised NCCDA), colloquially known as "Reverse CFIUS", caused a flurry of conversation amongst congressional committees, legal practitioners, and private companies. The bill proposed a broad outbound foreign investment review regime for industries implicating national critical capabilities. While Congress ultimately declined to pass the Revised NCCDA, a similar outbound review mechanism is soon likely to be promulgated by the Executive Branch or the Legislative Branch. This note discusses the legislative history resulting in the proposal of an outbound investment review mechanism. It criticizes the breadth and ambiguity of the …