Business Responses to December Overtime Changes may Nullify Employee Protection: A Circumstantial Option that Can Appease Both Parties

Author: Alexander Spaulding, Associate Member, University of Cincinnati Law Review  On December 1, 2016, the Fair Labor Standards Act (FLSA) will change drastically. In May 2016, the Department of Labor (DOL) and President Obama published their final rule updating overtime regulations, greatly expanding employers’ overtime wage requirements for white collar workers under the FLSA.[1] The... Continue Reading →

Freedom of Speech: Motivations of Public Employees should not Impact Speech

Author: Adam Pitchel, Associate Member, University of Cincinnati Law Review Public employees occupy a unique position within First Amendment jurisprudence. Generally, public employees are private citizens and must be provided all of the rights, protections, and privileges guaranteed under the Constitution.  However, public employees are also considered an extension of the State and are limited... Continue Reading →

The way the United States Currently Taxes Corporate Profits Earned Overseas is Causing Corporations to hold Foreign Profits Abroad Rather then Reinvest them in the United States

  Author: Ryan Kenny, Associate Member, University of Cincinnati Law Review For some time in American politics, one important issue has been domestic corporations that keep profits earned overseas in subsidiaries and other investments, rather than repatriating those profits to the United States. The Internal Revenue Code §901(a) provides that any income corporations earned outside... Continue Reading →

Does the Second Amendment Protect Concealed Carry?

Author: Andrew Fernandez, Associate Member, University of Cincinnati Law Review The Second Amendment of the United States Constitution protects an individual’s right to keep and bear arms.[1] The Supreme Court in Heller and McDonald held an individual maintains a right to possess a firearm and the right to possess a firearm is incorporated against the... Continue Reading →

A Call to Administrative, not Judicial, Action: The Dakota Access Pipeline and the Faulty Army Corps of Engineers’ But-For Analysis

Author: Petra Ingerson Bergman, Associate Member, University of Cincinnati Law Review On September 9, 2016, District Court Judge James Boasberg, for the United States District Court for the District of Columbia, denied the Standing Rock Sioux Tribe’s motion for preliminary injunction against the United States Army Corps of Engineers (USACE).[1] The motion for preliminary injunction... Continue Reading →

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