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. For older articles go to

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

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