The Sixth Circuit’s Beneficial Treatment of Hoffman Plastic Compounds v. NLRB

Photo by sol on Unsplash Mallory Perazzo, Associate Member, University of Cincinnati College of Law I. Introduction Americans rely substantially on immigrants’ contribution to the United States workforce.  One in six workers in the United States is an immigrant.[1]  These workers tend to work at disproportionately high rates in essential, critical infrastructure jobs compared to their U.S.-born counterparts.[2] ... Continue Reading →

The Public Trust Doctrine And Mississippi v. Tennessee

Photo by Dave Hoefler on Unsplash Sean Lyness, Faculty Fellow, New England Law | Boston I. Introduction You won’t find the words “public trust doctrine” in the Supreme Court’s November 2021 opinion Mississippi v. Tennessee.[1] But that doesn’t mean the doctrine isn’t there, hiding beneath the surface (figuratively and literally; this case deals with groundwater). And while the... Continue Reading →

Plausibility Made Possible: How Employee Access to Employment Records Overcomes Incongruent FLSA Pleading Standards

Photo by Tingey Injury Law Firm on Unsplash Nathaniel Kinman, Associate Member, University of Cincinnati Law Review I. Introduction One of the most unpalatable consequences of a circuit split is that it leads to an incongruent application of the law, often creating varying degrees of access to statutory remedies across jurisdictions. Nowhere is this more readily discernible than... Continue Reading →

Merging Human Rights with Corporate Restructuring Transactions

Photo by Sean Pollock on Unsplash Nandini Shenai and Miheer Jain* I. Introduction All corporations, irrespective of the industry, scale, or country, are increasingly expected to operate in a manner that upholds human rights.[1] They must also participate actively in advancing ecological concerns.[2] Corporations are under great pressure, maybe even a social requirement, to behave in accordance with the... Continue Reading →

Interstate Water Wars: Rise of the Litigation

Photo by Neal Wellons on Flickr Lisa Rosenof, Associate Member, University of Cincinnati Law Review “Whiskey is for drinking; water is for fighting over![1] I. Introduction Both surface water[2] and ground water[3] flow naturally without regard to political boundaries, making water rights issues contentious and difficult to resolve. Contemporaneous with significant climate change and heightened... Continue Reading →

Unionizing a Law Review: The Cincinnati Hypothetical

Photo by Matt Koffel on Unsplash Austin J. Wishart, Associate Member, University of Cincinnati Law Review I. Introduction One of the fundamental labor rights of workers across the world is the right to associate with one another to collectively bargain the terms of their employment with their employers. In the United States, that right was fought for with... Continue Reading →

League and Legal Consequences: Brian Flores’ Call For Transparency and Accountability in the NFL

Photo by Adrian Curiel on Unsplash Baylee Kalmbach, Associate Member, University of Cincinnati Law Review I. Introduction In a league dominated and lead by Black athletes, the National Football League (“NFL”) “remains mired in a culture that lacks inclusivity and where a barrier to entry still exists today for Black professionals in leadership.”[1] For instance, the ratio of... Continue Reading →

Buyer Beware: Should Delegating Arbitrability to an Arbitrator Require Disclosure and Parties’ Consent?

Photo by Cytonn Photography on Unsplash Nathaniel Kinman, Associate Member, University of Cincinnati Law Review I. Introduction For good reason, millions of business contracts submit to arbitration as a means to resolve disputes extrajudicially.[1] Indeed, thoughtful construction of an arbitration clause can provide parties with procedural certainty when disputes arise, often expediting resolution through an established, streamlined process.[2]... Continue Reading →

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