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 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 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
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
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
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
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
