Content Posted in 2018
A Changing Mosaic in SEC Regulation and Enforcement: Broker-Dealers and Investment Advisers, Douglas M. Branson
Against Juvenile Sex Offender Registration, Catherine L. Carpenter
Are State Law Tort Claims Against Generic Drug Manufacturers Always Preempted by Federal Law? Why the Fourth Circuit Was Wrong in Saying Yes in Drager v. PLIVA USA, Inc., Benjamin A. Hooper
Brawling with the Consumer Review Site Bully, Lori A. Roberts
Business Record Authentication and the Confrontation Clause: State v. Hood, 135 Ohio St. 3d 137 (Ohio 2012), Nicholas F. Caprino
Can the Risk of Relapse, in an Addiction Context, Constitute a Current Disability for Purposes of Long-Term Disability Plans?, Andrew Cassady
Can You Ever Beat the Board? Challenges to Legislative Reapportionment in Ohio After Wilson v. Kasich, Doug Smothers
#civilrightscybertorts: Utilizing Torts to Combat Hate Speech in Online Social Media, Johnny Holschuh
Clipped Wings: Domestic Drone Surveillance and the Limits of Due Process Protection, Benjamin White
Complying with International Data Protection Law, McKay Cunningham
Connecting the Dot: Retroactive State Tax Statutes Revisit United States v. Carlton, Michael T. Fatale
Diffusion Tensor Imaging: Failing Daubert and Fed. R. Evid. 702 in Traumatic Brain Injury Litigation, Andrew Lehmkuhl
Diversity and Gender Equity in Legal Practice, Deborah L. Rhode
Don't Kill Innovation: Why the Second Circuit's "One Copy-One User" Doctrine Should Protect Internet Streaming of Broadcast Television, Colin P. Pool
Due Diligence and Legal Obligations of Employment Screening in Healthcare Organizations, John I. Winn and Kevin H. Govern
Economic Analysis in Securities Enforcement: The Next Frontier At the SEC, J. W. Verret
Eroding Immigration Exceptionalism: Administrative Law in the Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner Rodriguez
Explaining ADA Employment Discrimination Charges Over the Business Cycle, Christopher L. Griffin Jr.
Fake News and the First Amendment: Reconciling a Disconnect Between Theory and Doctrine, Clay Calvert, Stephanie McNeff, Austin Vining, and Sebastian Zarate
Federalism and Phantom Economic Rights in NFIB v. Sebelius, Matthew J. Lindsay
Federal Question Jurisdiction and Indian Tribes: The Second Circuit Closes the Courthouse Doors in New York v. Shinnecock Indian Nation, Brandon Byers
Foreword, Felix Chang
Funeral Home Field Advantage: How Pennsylvania Funeral Directors Scored a Victory with the Third Circuit's Decision in Heffner v. Murphy, Michael Begovic
Harmonizing the Tension Between the First Amendment and Publicity Rights and Finding the Right Balance: Discerning How Much Freedom is Warranted and What Needs Protection, William Buchsbaum
How Secret Is Secret Enough? The Need to Clarify Ohio's "Reasonable Efforts to Maintain Secrecy" Standard, Matthew M. Allen
In Search of the Reasonable Consumer: When Courts Find Food Class Action Litigation Goes Too Far, Cary Silverman
Intelligence Design: An Analysis of the SEC's New Office of Market Intelligence and Its Goal of Using Big Data to Improve Securities Enforcement, Geoffrey Christopher Rapp
InterDigital Communications v. ITC: Wrongly Satisfying the ITC Domestic Industry Requirement, Alex Czanik
Islam Incarcerated: Religious Accommodation of Muslim Prisoners Before Holt v. Hobbs, Khaled A. Beydoun
Isonomy, Austerity, And The Right To Choose Counsel, Janet Moore
It Takes Two to Tango: The Dance of the United States Supreme Court Jurisprudence on Arbitration Enforcement and Ohio Law, Ann Marie Tracey and Kathleen McGarvey Hidy
Justice v. Hosemann: The Fifth Circuit's Devaluation of State Ballot Initiatives and Political Participation, Kevin Bandy
Law School Leadership and Leadership Development for Developing Lawyers, Louis D. Bilionis
Legality of Tax Credits to Federally Established Exchanges in Light of King v. Burwell and the Need to Clarify Chevron Deference, Adair Martin Smith
Lexical Opportunism and the Limits of Contract Theory, Jeffrey M. Lipshaw
Liability and Admissions of Wrongdoing in Public Enforcement of Law, Samuel W. Buell
Mass Settlement Rivalries, Adam S. Zimmerman
Masters of the Universe: Bid Rigging by Private Equity Firms in Multibillion Dollar LBOs, Christopher M. Burke, Stephanie A. Hackett, David W. Mitchell, Simon J. Wilke, Melanie Stallings Williams, Michael A. Williams, and Wei Zhao
Mo Speech Mo Problems: The Regulation of Student Speech in the Digital Age and the Fifth Circuit's Approach in Bell v. Itawamba County School Board, Michael Begovic
Native American Use of Eagle Feathers Under the Religious Freedom Restoration Act, Adair Martin Smith
Perlman Appeals After Mohawk, Bryan Lammon
Policing Compensatory Relief in Agency Settlements, Verity Winship
Private Placements: Will FINRA Sink in the Sea Change?, Jennifer J. Johnson
Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, and Andrew L. Davies
Protection of Your Viewing History Under the VPPA, Matthew Wagner
Public Access to Police Body Camera Footage--It's Still Not Crystal CLEIR, Jack Greiner and Darren Ford
Regulation of Fracking Is Not a Taking of Private Property, Kevin J. Lynch
Rethinking Compliance: The Role of Whistleblowers, Claire Sylvia and Emily Stabile
Retributivist Theories’ Conjoined Twins Problems, Brittany L. Deitch
Ritalin to Roundup: Expanding the Pharmaceutical Industry Statutory Experimental Use Exception to Agriculture, Jennifer Carter-Johnson
Social License to Regulate: Consumer-Producer Collusion and Related Policy Risks for Consumer-Facing Regulation, Nathan Richardson
Social Media and Federal Prosecution: A Circuit Split on Cybercrime and the Interpretation of the Computer Fraud and Abuse Act, Melissa Anne Springer
Standing is No Guarantee for a Guarantor: The Circuit Split Over the Spousal-Guarantor Provision of the ECOA, Justin Jennewine
State Civil Rights Remedies for Gender Violence: a Tool for Accountability, Julie Goldscheid and Rene Kathawala
State of Ohio v. Aalim: Due Process and Mandatory Transfer of Juveniles to Adult Court, Jesse Knowlden
Staub v. Proctor Hospital and the Age Discrimination in Employment Act, Elizabeth Reburn
Symbols, Systems, and Software as Intellectual Property: Time for Contu, Part II?, Timothy K. Armstrong
Taking Matters Into Their Own Hands: Retaliatory Actions by Coworkers and the Fifth Circuit's Narrow Standard for Employer Liability, Elizabeth A. Cramer
Teaching Compliance, D. Daniel Sokol
The Alien Tort Statute: “An Avant-Garde Tool for Human Rights” or a Camoflaged Curse?, Candra Connelly
The Case for Copyrighting Monkey Selfies, Jonathan Siderits
THE COURT MUST PLAY ITS INTERPRETATIVE ROLE: DEFENDING THE DEFEND TRADE SECRETS ACT’S EXTRATERRITORIAL REACH, Jada M. Colon
The Ethics of Non-Traditional Contract Drafting, Lori D. Johnson
The Ninth Circuit's Decision in Escriba v. Foster Poultry Farms, Inc. May Limit the Use of Involuntary Leave and Why That Is Okay, Kyle R. Miller
The Straw That Breaks the Camel's Back: A Final Argument for the Demise of McDonnell Douglas Framework, Taylor Gamm
The Taft Lecture: Living Under Someone Else's Law, Heather Gerken
Trial by Social Media: The Rise of Litigation Crowdfunding, Michael Elliott
Unfit for Duty: The Officer and Director Bar As A Remedy for Fraud, Renee M. Jones
We're Talking About Practice: In Defense of the Games Played Method of Apportionment and Other Statutes Aimed At Athletes, Alex Mattingly
What's Mine Is Yours: The Circuit Split Over Collective Corporate Knowledge in Securities Fraud Litigation, Justin Jennewine
What the Heller?: An Originalist Critique of Justice Scalia's Second Amendment Jurisprudence, Enrique Schaerer
Who's Responsible? Liability for the Deterioration of Properties Abandoned During or After Foreclosure Proceedings, William Weber
You [Might] Have the Right to Remain Silent: Examining the Miranda Problem (United States v. Wright, 777 F.3d 769 (5th Cir. 2015)), Megan E. Wamsley