Journal Articles

The University of Cincinnati Law Review’s lineage dates back to 1927. The journal was the the first to be published by an Ohio law school. The Law Review is edited and published entirely by students at the University of Cincinnati College of Law. The Law Review publishes four issues per year and also sponsors symposia focusing on the current legal topics.

Below you will find some of our recent and featured articles. Let us know what you think by replying with a comment! For older articles go to scholarship.law.uc.edu/uclr.

Recent and Featured Articles:

Volume 87 Issue 4

A Preliminary Look at the State Structures for Regulating Financial Services by Elizabeth F. Brown and Edward F. Buckley

A Quixotic Quest Over Befogged Terrain? How to Choose and Contest a Deposition’s Location Under Federal Procedural Law by Amir Shachmurove

Stem Cell and Biotechnological Patentability and Research in the European Union: An Interdisciplinary Approach by Jacqueline Hill Tudor and Jarrod Tudor

Legal Pluralism and Indigenous People’s Rights: Challenges in Litigation and Recognition of Indigenous Peoples Rights by Dr. Morad Elsana

To Regulate or Not to Regulate? A Comparison of Government Responses to Peer-to-Peer Lending Among the United States, China, and Taiwan by Chang-Hsien Tsai

Altera Corp. v. Commissioner: A Rare Government Victory in Transfer Pricing by Seth Brian

The Importance of Drug Quantity in Federal Sentencing: How Circuit Courts Should Determine the Mandatory Minimum Sentence for Conspiracy to Distribute Controlled Substances in Light of United States v. Stoddard by Elizabeth McKinley

Epic Systems Corp. v. Lewis: Individual Arbitration and the Future of Title VII Disparate Impact and Pattern-or-Practice Class Actions by Carson E. Miller

CRISPR Has Already Revolutionized Genetics, Why Not the Obviousness Standard Too? by Kris Schroder

The Ohio Data Protection Act: An Analysis of the Ohio Cybersecurity Safe Harbor by Daniel Shinkle

Volume 87 Issue 3

Medical Malpractice Litigation in North Carolina: What Claims Get Paid and For How Much? by Catherine T. Harris and Ralph Peeples

Law’s Enterprise: Argumentation Schemes & Legal Analogy by Brian N. Larson

The Regulatory Ratchet: Why Regulation Begets Regulation—Fatal Flaw in the Market for Health Care by Mark R. Lee

Political Discrimination by Private Employers by R. George Wright

An Extradited Defendant’s Ability to Challenge Sentencing: A Glimpse Into an Unpolished Piece of The Treaty Power by Candra Connelly

Welcome to the Gun Show: Will the Court Make a Killing in the Name of “Self-Defense?” The Circuit Split Over “Core” Rights Under the Second Amendment by R. Betsy Emmert

Bristol-Myers Squib Co. v. Superior Court of California, San Francisco, et al: A Death Knell for Nationwide Class Actions? by Annie McClellan

Everything in its Right Place: The Supreme Court and the Bankruptcy Fraud Exception by William Miller

The Aftermath of Matal v. Tam: Unanswered Questions and Early Applications by Andrew M. Lehmkuhl II

Volume 87 Issue 2

Incentive, Culture, and Change in American Legal Education by Caleb N. Griffin

Disfavoring Justice by Raymond J. McKoski

Consecutive Sentences in Ohio—’Reserved for the Worst’—Or Not: Trial Court Discretion and Appellate Review by A. Mark Segreti, Jr.

Spin Doctors: Prosecutor of Sophistry and the Burden of Proof by Michael D. Cicchini

The Court’s Undure Burden: A Look at Jespersen and its Inconsistencies by Alessandro Botta Blondet

Selective Abortion Bans: The Birth of a New State Compelling Interest by Tori Gooder

The Second Amendment, Undocumented Immigrants, and the Shifting Definition of “People”: How The Federal Gun Control Act of 1968 Prevents Undocumented Immigrants from Exercising Second Amendment Rights by Justin Hay

The Presidential Authority to Reserve and Modify National Monuments Under The Antiquities Act by Jesse Knowlden

Joinder is Coming: Why Denying Swarm Joinder in BitTorrent Cases May Do More Harm Than Good by Gibran J. Peña-Porras

Volume 87 Issue 1

Due Diligence and Legal Obligations of Employment Screening in Healthcare Organizations by John Winn and Kevin H. Govern

Masters of the Universe: Bid Rigging by Private Equity Firms in Multibillion Dollar LBOs by Christopher M. Burke, Stephanie A. Hackett, David W. Mitchell, Simon J. Wilke, Melanie Stallings Williams, Michael A. Williams, and Wei Zhao

Social Justice and Professional Duty: Effectively Meeting Law Student Demand for Social Justice by Teaching Social Justice as Professional Competency by Spencer Rand

Retributivist Theories’ Conjoined Twin Problems by Brittany L. Deitch

State Civil Rights Remedies for Gender Violence: A Tool for Accountability by Julie Goldscheid and Rene Kathawala

The Alien Tort Statute: “An Avant-Garde Tool for Human Rights” or a Camoflaged Curse? by Candra Connelly

The Corporate Clique in the Courtroom: A Jurisprudential Study of the Success and Influence of Amicus Curiae Briefs Filed by the U.S. Chamber of Commerce During the 2014-2017 Terms of the U.S. Supreme Court by R. Betsy Emmert

State of Ohio v. AALIM: Due Process and Mandatory Transfer of Juveniles to Adult Court by Jesse Knowlden

Diffusion Tensor Imaging: Failing Daubert and Fed. R. Evid. 702 in Traumatic Brain Injury Litigation by Andrew M. Lehmkuhl II

It’s the End of Privilege as We Know It, and I [Don’t] Feel Fine: The Deterioration of the Corporate Attorney-Client Privilege and Work Product Protection in the European Union, United Kingdom, and Germany by Ashley N. Ramm

Volume 86 Issue 2

The Land and Naval Forces Clause by Dakota S. Rudesill

Replacing Monell Liability with Qualified Immunity for Municipal Defendants in 42 U.S.C. § 1983 Litigation by Edward C. Dawson 

Closing the Snap Removal Loophole by Valerie M. Nannery

Optimal Issuer Disclosure of Opinions by Wendy Gerwick Couture

Indestructible: The Triumph of the Environmental “Administrative State” by Stephen M. Johnson

Natural Causes: When Author Meets Nature in Copyright Law and Art. Some Observations Inspired by Kelley V. Chicago Park District by Jani McCutcheon

Panel: Justice Scalia and the Criminal Law

Drawing the Line: Whitford v. Gill and the Search for Manageable Partisan Gerrymandering Standards by Abigail Aguilera

And the Congress shall have the Power to . . . : The Implications of the D.C. Circuit Court’s per curiam Decision in Bahlul v. United States by Clarke D. Cotton

Beyond the Symptoms: Finding the Root Cause of the Chaotic Tarasoff Laws by Taylor Gamm

Warning! Speak at Your Own Risk: First Amendment Restrictions on Off-Campus Physical, Emotional, or Cyber Bullyiing by Melissa Anne Springer

Out in the Open: State Ex Rel. Caster v. City of Columbus and the Expansion of Ohio Public Records Law by Andrew S. Raidin

Volume 85 Issue 4

What Will Guard the Guardians? by Justin Walker

A Hellerstedt Tale: There and Back Again by Barry P. McDonald

In Search of the Cheapest Cost Avoider by Catherine M. Sharkey

Common Law Copyright by Zvi S. Rosen

Hard-Look Review of Class Action Settlements by Kristen Elia

Peeking Through the Looking Glass: How Alice has Shaped Patent Eligibility by Elias Sayre

Less than Golden: Ohio Democratic Party v. Husted by Andrew S. Raiden

Taking Selfies with Uncle Same by Rebecca M. Baibak

Mathis v. United States: A Repeated Request for Revision of the Armed Career Criminal Act by Zachary J. Weber

Volume 85 Issue 3

The Dark Side of Self-Regulation by Benjamin P. Edwards

The NLRA v. The FAA: The Unlikely Showdown More than Eighty Years in the Making by Patrick J. Schwedler

A Hailstorm of Uncertainty: The Constitutional Quandry of Cell-Site Simulators by Carrie Leonetti

Reengineering Workplace Bargaining by Nathan Newman

Restoring Justice in Schools by Erin R. Archerd

The Post-Steckman Life of a Criminal Defendant in Ohio by Rebecca Brizzolara

What’s in a Name?: The Rights to Domain Names Under Various Principles of Law by Emily Hurtt

McDonnell Douglas Burden Shifting and Judicial Economy in Title VII Retaliation Claims by Connie Kremer

Whether the Department of Justice Should Have the Authority to Compel Apple Inc. to Breach Its IPhone Security Measures by Stephen J. Otte

A Medium-Based Proposal to Resolving Tension Between Publicity and the First Amendment by Mickey Sutton

Volume 85 Issue 2

The Origins of Social Responsibility by Eric C. Chaffee

Benefit Corporation Law by Mark J. Loewenstein

Beyond Wrecking Chinese Drywall: Considerations and Prospects of Law and Practices of Sourcing from China by Tianlong Hu

Beneficial Benefit LLCs? by J. Haskell Murray

I’m Not Calling You a Liar. . . : Implied Certification Theory Under the False Claims Act by Jerad Whitt

Extending Disparate Impact Coverage of the ADEA to Applicants: Villareal v. R.J. Reynolds Tobacco Co. by Brice Smallwood

The Bench is Not a Constituency by Eden Thompson

“Do Not Pass Go, Do Not Collect $200, Do Not Submit Your Absentee Ballot, Go Directly to Jail and Lose Your Right to Vote” by Alex Beck

Equity Will Rule Until Amendment in Section 503 Bankruptcy Administrative Proceedings by Brendan Chisholm

Volume 85 Issue 1

The Logic of Comparable-Case Guidance in the Determination of Awards for Pain and Suffering and Punitive Damages by Hillel J. Bavli

[Take From Us Our] Wretched Refuse”: The Deportation of America’s Adoptees by DeLeith Duke Gossett

Taxing Fictive Orders by Ilya Beylin

The $1.5 Billion General Motors Recalls at the Dangerous Intersection of Chapter 11, Article 9, and TARP by Sally McDonald Henry

Syria: A Case Study in International Law by Christopher M. Ford

ICRICT Looking to a Future of Actual Tax Reform by Brendan C. Chisholm

RIP Employer Intentional Torts: The Debilitating Application of the Ohio Revised Code Section 2745.01 by Brice Smallwood

A Forgotten Unfairness: Taking a “Bite” Out of State Occupational Certification and Registration Regulations by Brett Niehauser

Determing Whether the Environmental Protection Agency has Proper Authority Under Section 111(D) of the Clean Air Act to Enforce President Obama’s Clean Energy Plan by Stephen J. Otte

The Law May Cave, But Economics Will Not by Nicholas Kitko

Volume 84 Issue 1

Perlman Appeals After Mohawk by Bryan Lammon

Islam Incarcerated: Religious Accommodation of Muslim Prisoners Before Holt v. Hobbs by Khaled A. Beydoun

Regulation of Fracking Is Not a Taking of Private Property by Kevin J. Lynch

Ritalin to Roundup by Jennifer Carter-Johnson

Lexical Opportunism and the Limits of Contract Theory by Jeffrey M. Lipshaw

The Ninth Circuits Decision in Escriba v. Foster Poultry Farms  by Kyle R. Miller

Standing is No Guarantee for a Guarantor by Justin Jennewine

Funeral Home Field Advantage by Michael Begovic

The Case for Copyrighting Monkey Selfies by Jonathan Siderits

Legality of Tax Credits to Federally Established Exchanges in Light of King v. Burwell by Adair Martin Smith

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