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. For older articles go to scholarship.law.uc.edu/uclr.
Recent and Featured Articles:
Volume 90, Issue 2 (2021)
Moby-Dick as Corporate Catastrophe: Law, Ethics, and Redemption, David Yosifon
Authority, Obedience, and Justification, Michelle Madden Dempsey
Challenging Solitary Confinement Through State Constitutions, Alison Gordon
Political Equality and First Amendment Challenges to Labor Law, Luke Taylor
Rejecting Word Worship: An Integrative Approach to Judicial Construction of Insurance Policies, Jeffrey W. Stempel and Erik S. Knutsen
Revitalizing the Ban on Conversion Therapy: An Affirmation of the Constitutionality of Conversion Therapy Bans, Logan Kline
Innocent Until Suspected Guilty, Rebekah Durham
Trick or Treat? How a U.S. Patent Over a Method for Processing Sugarcane Wrongly Alarmed the Colombian Panela Industry, Carter Ostrowski
“You Should Have Known:” The Need for Evidentiary Notice Requirements in Immigration Court, Marisa Moore Apel
One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights and More, Brandon Bryer
Volume 90, Issue 1 (2021)
When the Conditions are the Confinement: Eighth Amendment Habeas Corpus Claims During COVID-19 Michael L. Zuckerman
Parity as Comparative Capacity: A New Empirics of the Parity Debate, Meredith R. Aska McBride
Market Power and Switching Costs: An Empirical Study of Online Networking Market, Shin-Ru Cheng
Justice Delayed Is Not Justice Denied: Considerations and Concerns for Addressing the National Sexual Assault Kit Backlog, Bryan Schwartz
Saving the Nonessential With Radical Tax Policy, Rodney P. Mock and Kathryn Kisska-Schulze
Reifying Anderson-Burdick: Voter Protection in the Time of Pandemic and Beyond, Keeley Gogul
Force Majeure, Vis Major, Impossibility, and Impracticability Under Ohio Law Before and After COVID-19, Laura Gates
Immunity Confusion: Why Are Ohio Courts Unable to Apply a Clear Immunity Standard in School-Bullying Cases?, Liam McMillin
Proof of Objective Falsehood: Liability Under the False Claims Act for Hospice Providers, Sebastian West
The Rooker-Feldman Doctrine: The Case for Putting it to Work, Not to Rest, Bradford Higdon
Volume 89, Issue 4 (2021)
Bostock v. Lexmark: Is the Zone-of-Interests Test a Canon of Donut Holes? by Joseph S. Diedrich
“Our Most Sacred Legal Commitments”: A Digital Exploration of the U.S. Supreme Court Defining Who We Are and How They Should Opine by Eric C. Nystrom and David S. Tannenhaus
Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults by Keeva Terry
Delegating Immigration Admission Powers to the States by Christian Vanderhooft
The Doctor Will Judge You Now by Blair E. Thompson
Heads I Win, Tails You Lose: The Taxing Risk When Invoking the Fifth Amendment on a Tax Return by Jacob Hoback
The Right to Remain Silent: First Amendment Rights of Physicians in States with Narrated Ultrasound Laws by Sabrina Jemail
Tainted From Their Roots: The Fundamental Unfairness of Depriving Foreign Nationals of Counsel in Immigration Court by Jehanzeb Khan
Debunking Twombly/Iqbal: Plausibility is More than Plausible in Ohio and Other States by Matthew Marino
Preclearance and Politics: The Future of the Voting Rights Act by Paige E. Richardson
Volume 89, Issue 3 (2021)
Where’s the Beef?: A Guide to Judges on Preemption of State Tort Litigation Involving Branded Drugs by Victor E. Schwartz and Christopher E. Appel
Objective Punishment by Anthony M. Dillof
POTUS and Pot: Why the President Could Not Legalize Marijuana Through Executive Action by Robert Mikos
John Murphy’s Gifts to the College of Law by Joseph P. Tomain
A Memorial Tribute to Professor John J. Murphy by Donna M. Nagy
Seize the Day: Renewed Hope for the Permissibility of In Rem Counterclaims Against the United States Government After the Fifth Circuit’s Substituted Opinion in $4,480,466.16? by Evan Gildenblatt
You’re the Problem, Officer: Whether Executive Officers Should be Subjected to the Same Standards of Liability as Directors Under Current Corporate Governance Law by Margo Brandenburg
Where’s the Meat? A Constitutional Analysis of Arkansas’s Law Prohibiting the Use of “Meat” Terms on Plant-and Cell-Based Products by Christy Wyatt
Standing Up for Consumers: Whether Third Party Payors Can Establish Standing to Sue Against Drug Manufacturers under Civil RICO by Brianna Vollman
End of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, and the “Falsity” of Physicians’ Clinical Judgments by Jameson Steffel
Volume 89, Issue 2 (2021)
Monopoly and Monopsony: Antitrust Standing, Injury, and Damages by Roger D. Blair and Tirza J. Angerhofer
Populism and Transparency: The Political Core of an Administrative Norm by Mark Fenster
Lawyers on Auction – Protecting Class Members by Ittai Paldor
The Law of Trusts and Collective Action: A New Approach to Property Deadlocks by Amnon Lehavi
Revolving Doors – We Got It Backwards by Hadar Yoana Jabotinsky Dr.
The Power of Suggestion: Can a Judicial Standing Order Disrupt a Norm? by Kimberly A. Jolson
Untangling Discrimination: The CROWN Act and Protecting Black Hair by Alesha Hamilton
On American Demagoguery to National Security by Jennifer Brumfield
The Exclusionary Rule, and the Problem with Search and Seizure Law Under the Ohio Constitution by Corey Bushle
Facial Recognition and the Fourth Amendment in the Wake of Carpenter v. United States by Matthew Doktor
Injured by a Text: Article III Standing for TCPA Texting Claims by Quinn Marker
Volume 89, Issue 1 (2021)
Lorenzo v. SEC: Blurring the Line Between Primary and Secondary Securities Fraud Liability by Brian Elzweig
Big Brother is Watching: Law Enforcement’s Use of Digital Technology in the Twenty-First Century by Samuel D. Hodge Jr.
Myth, Manipulation, and Minor League Baseball: How a Capitalist Democracy Engenders Income Inequality by Phillip J. Closius and Joseph S. Stephan
Freedom of Speech as a Right to Know by Tao Huang
Shortening the Leash: Emotional Support Animals under the Fair Housing Act by Katie Basalla
Are Judges Policymakers? A Constitutional Rebuff to Judicial Reform by Zach Hullinger
Speaking of Direct Democracy, Judicial Review of State Ballot Initiative Laws Under the First Amendment by Trane J. Robinson
The Functional Approach to the Ministerial Exception: Applying the Exception to Employees who Minister by Maria Ruwe
The Case Against LaCroix: Moving Beyond the Ingredient List in “Natural” Litigation by Christy Wyatt