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University of Cincinnati College of Law Scholarship and Publications

University of Cincinnati College of Law Scholarship and Publications

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    Content Posted in 2018

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    A Changing Mosaic in SEC Regulation and Enforcement: Broker-Dealers and Investment Advisers, Douglas M. Branson

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    Against Juvenile Sex Offender Registration, Catherine L. Carpenter

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    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

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    Brawling with the Consumer Review Site Bully, Lori A. Roberts

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    Business Record Authentication and the Confrontation Clause: State v. Hood, 135 Ohio St. 3d 137 (Ohio 2012), Nicholas F. Caprino

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    Can the Risk of Relapse, in an Addiction Context, Constitute a Current Disability for Purposes of Long-Term Disability Plans?, Andrew Cassady

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    Can You Ever Beat the Board? Challenges to Legislative Reapportionment in Ohio After Wilson v. Kasich, Doug Smothers

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    #civilrightscybertorts: Utilizing Torts to Combat Hate Speech in Online Social Media, Johnny Holschuh

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    Clipped Wings: Domestic Drone Surveillance and the Limits of Due Process Protection, Benjamin White

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    Complying with International Data Protection Law, McKay Cunningham

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    Connecting the Dot: Retroactive State Tax Statutes Revisit United States v. Carlton, Michael T. Fatale

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    Diffusion Tensor Imaging: Failing Daubert and Fed. R. Evid. 702 in Traumatic Brain Injury Litigation, Andrew Lehmkuhl

     

    Disagreement about Disagreement: The Effect of a Circuit Split or "Other Circuit" Authority on the Availability of Federal Habeas Relief for State Convicts, Ruth A. Moyer

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    Diversity and Gender Equity in Legal Practice, Deborah L. Rhode

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    Don't Kill Innovation: Why the Second Circuit's "One Copy-One User" Doctrine Should Protect Internet Streaming of Broadcast Television, Colin P. Pool

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    Due Diligence and Legal Obligations of Employment Screening in Healthcare Organizations, John I. Winn and Kevin H. Govern

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    Economic Analysis in Securities Enforcement: The Next Frontier At the SEC, J. W. Verret

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    Eroding Immigration Exceptionalism: Administrative Law in the Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner Rodriguez

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    Explaining ADA Employment Discrimination Charges Over the Business Cycle, Christopher L. Griffin Jr.

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    Fake News and the First Amendment: Reconciling a Disconnect Between Theory and Doctrine, Clay Calvert, Stephanie McNeff, Austin Vining, and Sebastian Zarate

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    Federalism and Phantom Economic Rights in NFIB v. Sebelius, Matthew J. Lindsay

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    Federal Question Jurisdiction and Indian Tribes: The Second Circuit Closes the Courthouse Doors in New York v. Shinnecock Indian Nation, Brandon Byers

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    Foreword, Felix Chang

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    Funeral Home Field Advantage: How Pennsylvania Funeral Directors Scored a Victory with the Third Circuit's Decision in Heffner v. Murphy, Michael Begovic

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    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

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    How Secret Is Secret Enough? The Need to Clarify Ohio's "Reasonable Efforts to Maintain Secrecy" Standard, Matthew M. Allen

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    In Search of the Reasonable Consumer: When Courts Find Food Class Action Litigation Goes Too Far, Cary Silverman

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    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

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    InterDigital Communications v. ITC: Wrongly Satisfying the ITC Domestic Industry Requirement, Alex Czanik

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    Islam Incarcerated: Religious Accommodation of Muslim Prisoners Before Holt v. Hobbs, Khaled A. Beydoun

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    Isonomy, Austerity, And The Right To Choose Counsel, Janet Moore

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    It’s the End of Privilege as We Know It, and I [Don’t] Feel Fine: the Deterioration of the Corporate Attorney-Client Privilege and Work Product Protection in the European Union, United Kingdom, and Germany, Ashley Ramm

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    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

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    Justice v. Hosemann: The Fifth Circuit's Devaluation of State Ballot Initiatives and Political Participation, Kevin Bandy

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    Keep Your Laws Off My Domain Name: How a Misinterpretation of "Regulation" in the Anticybersquatting Consumer Protection Act Violates the Property Rights of Individuals, Clarke D. Cotton

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    Law School Leadership and Leadership Development for Developing Lawyers, Louis D. Bilionis

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    Legality of Tax Credits to Federally Established Exchanges in Light of King v. Burwell and the Need to Clarify Chevron Deference, Adair Martin Smith

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    Lexical Opportunism and the Limits of Contract Theory, Jeffrey M. Lipshaw

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    Liability and Admissions of Wrongdoing in Public Enforcement of Law, Samuel W. Buell

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    Mass Settlement Rivalries, Adam S. Zimmerman

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    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

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    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

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    Native American Use of Eagle Feathers Under the Religious Freedom Restoration Act, Adair Martin Smith

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    Perlman Appeals After Mohawk, Bryan Lammon

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    Policing Compensatory Relief in Agency Settlements, Verity Winship

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    Private Placements: Will FINRA Sink in the Sea Change?, Jennifer J. Johnson

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    Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, and Andrew L. Davies

     

    Protection of Your Viewing History Under the VPPA, Matthew Wagner

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    Public Access to Police Body Camera Footage--It's Still Not Crystal CLEIR, Jack Greiner and Darren Ford

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    Regulation of Fracking Is Not a Taking of Private Property, Kevin J. Lynch

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    Rethinking Compliance: The Role of Whistleblowers, Claire Sylvia and Emily Stabile

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    Retributivist Theories’ Conjoined Twins Problems, Brittany L. Deitch

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    Ritalin to Roundup: Expanding the Pharmaceutical Industry Statutory Experimental Use Exception to Agriculture, Jennifer Carter-Johnson

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    Social Justice as a Professional Duty: Effectively Meeting Law Student Demand for Social Justice by Teaching Social Justice as a Professional Competency, Spencer Rand

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    Social License to Regulate: Consumer-Producer Collusion and Related Policy Risks for Consumer-Facing Regulation, Nathan Richardson

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    Social Media and Federal Prosecution: A Circuit Split on Cybercrime and the Interpretation of the Computer Fraud and Abuse Act, Melissa Anne Springer

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    Standing is No Guarantee for a Guarantor: The Circuit Split Over the Spousal-Guarantor Provision of the ECOA, Justin Jennewine

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    State Civil Rights Remedies for Gender Violence: a Tool for Accountability, Julie Goldscheid and Rene Kathawala

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    State of Ohio v. Aalim: Due Process and Mandatory Transfer of Juveniles to Adult Court, Jesse Knowlden

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    Staub v. Proctor Hospital and the Age Discrimination in Employment Act, Elizabeth Reburn

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    Symbols, Systems, and Software as Intellectual Property: Time for Contu, Part II?, Timothy K. Armstrong

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    Taking Matters Into Their Own Hands: Retaliatory Actions by Coworkers and the Fifth Circuit's Narrow Standard for Employer Liability, Elizabeth A. Cramer

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    Teaching Compliance, D. Daniel Sokol

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    The Alien Tort Statute: “An Avant-Garde Tool for Human Rights” or a Camoflaged Curse?, Candra Connelly

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    The Case for Copyrighting Monkey Selfies, Jonathan Siderits

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    The Corporate Clique in the Courtroom: a Jurisprudential Study of the Success and Influence of Amicus Curiae Briefs Filed by the U.S. Chamber of Commerce During the 2014-2017 Terms of the U.S. Supreme Court, R. Betsy Emmert

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    THE COURT MUST PLAY ITS INTERPRETATIVE ROLE: DEFENDING THE DEFEND TRADE SECRETS ACT’S EXTRATERRITORIAL REACH, Jada M. Colon

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    The Ethics of Non-Traditional Contract Drafting, Lori D. Johnson

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    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

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    The Straw That Breaks the Camel's Back: A Final Argument for the Demise of McDonnell Douglas Framework, Taylor Gamm

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    The Taft Lecture: Living Under Someone Else's Law, Heather Gerken

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    Thirty Years After Walters the Mission Is Clear, The Execution Is Muddled: A Fresh Look at the Supreme Court's Decision to Deny Veterans the Due Process Right to Hire Attorneys in the VA Benefits Process, Stacey-Rae Simcox

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    Trial by Social Media: The Rise of Litigation Crowdfunding, Michael Elliott

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    Unfit for Duty: The Officer and Director Bar As A Remedy for Fraud, Renee M. Jones

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    We're Talking About Practice: In Defense of the Games Played Method of Apportionment and Other Statutes Aimed At Athletes, Alex Mattingly

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    What's Mine Is Yours: The Circuit Split Over Collective Corporate Knowledge in Securities Fraud Litigation, Justin Jennewine

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    What the Heller?: An Originalist Critique of Justice Scalia's Second Amendment Jurisprudence, Enrique Schaerer

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    Who's Responsible? Liability for the Deterioration of Properties Abandoned During or After Foreclosure Proceedings, William Weber

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    Will Noncustodial Parents Who are Refused Visitation with Children Also Be Turned Away from U.S. Courts? Judicial Remedies in Access Cases Under the Hague Convention in Cantor v. Cohen and Ozaltin v. Ozaltin, Melissa L. Thompson

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    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

 
 
 

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