Content Posted in 2019 | University of Cincinnati College of Law Scholarship and Publications | University of Cincinnati College of Law Research

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Content Posted in 2019

A Constitutional Limbo: Searches of Electronic Devices at the International Border, Michael Soder

A Forgotten Unfairness: Taking a "Bite" out of State Occupational Certification and Registration Regulations, Brett Niehauser

Altera Corp. v. Commissioner: A Rare Government Victory in Transfer Pricing, Seth Brian

An Extradited Defendant’s Ability to Challenge Sentencing: A glimpse into an Unpolished Piece of the Treaty Power, Candra Connelly

A Preliminary Look at State Structures for Regulating Financial Services, Elizabeth F. Brown and Edward F. Buckley

A Quixotic Quest Over Befogged Terrain? How to Choose and Contest a Deposition’s Location Under Federal Procedural Law, Amir Shachmurove

Assessing the Impact of Trade and Investment Policies: Toward an Era of 'Enlightened' Policymaking?, Fernando Dias Simões

A Tax Theory of the Firm, Richard Winchester

A Tougher Road to Conviction: A Case Study of the Prosecution of Corrupt Public Officials in a Post-McDonnell World, David P. Dornette

Attorney-Client Communication in Public Defense: A Qualitative Examination, Janet Moore, Vicki L. Plano Clark, Lori A. Foote, and Jacinda K. Dariotis

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, et al: A Death Knell for Nationwide Class Actions?, Annie McClellan

Can Health Care Law and Policy Be Guided By Basic Values?: The Crucial Role of Perfectionist Solidarity, R. George Wright

Challenge Accepted: A Reconsideration of Regulatory Takings Jurisprudence Under the Privileges or Immunities Clause of the Fourteenth Amendment, Joe Brammer

Conditionality and Constitutional Change, Felix B. Chang

Creating an Article I Immigration Court, Rebecca Baibak

CRISPR has Already Revolutionized Genetics, Why not the Obviousness Standard too?, Kris Schroder

Dedication to Freedom, Emily Houh

Determining Whether the Environmental Protection Agency Has Proper Authority Under Section 111(d) of the Clean Air Act to Enforce President Obama's Clean Energy Plan, Stephen J. Otte

Direct Evidence or McDonnell Douglas: How Today's Paternity Leave Policies are Paving the Way for Title VII's Newest Wave of Direct Evidence Jurisprudence, Annie McClellan

Disbelief Doctrines, Sandra F. Sperino

Disparate Impact 2.0: Karlo Provides a Long-Awaited Update for ADEA Subgroup Plaintiffs, Zachary J. Weber

Does the Evolving Concept of Due Process in Obergefell Justify Judicial Regulation of Greenhouse Gases and Climate Change?: Juliana v. United States, Bradford Mank

Epic Systems Corp. v. Lewis: Individual Arbitration and the Future of Title VII Disparate Impact and Pattern-or-Practice Class Actions, Carson Miller

Everything in its Right Place: The Supreme Court and the Bankruptcy Fraud Exception, William Miller

Forty-five Years Of Law And Literature: Reflections On James Boyd White's "The Legal Imagination" And Its Impact On Law And Humanities Scholarship, Elizabeth Mertz, Robert P. Burns, Matthew Anderson, Jack L. Sammons, Thomas D. Eisele, Linda L. Berger, Linda Ross Meyer, and Dvid Gurnham

ICRICT Looking to a Future of Actual Tax Reform: An Organizational Analysis of the Independent Commission for the Reform of International Corporate Taxation, Brendan C. Chisholm

Intellectual Property License Contracts: Reflections on a Prospective UNCITRAL Project, Andrea Tosato

Judicial Education, Private Violence, and Community Action: A Case Study in Legal Participatory Action Research, Kristin (Brandser) Kalsem

Law’s Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson

Legal Pluralism and Indigenous Peoples Rights: Challenges in Litigation and Recognition of Indigenous Peoples Rights, Morad Elsana

Legislators Livin' on a Prayer: The Fourth and Sixth Circuits' Application of Town of Greece on the Question of Legislator-Led Prayer, Tori Gooder

Let Legislators Legislate: The Circuit Split Over Allowing Members of Congress to File Interlocutory Appeals to Avoid Litigation, Matthew Higgins

Maslenjak v. United States: A Concern about Prosecutors’ Limitless Leverage regarding the International Refugee Policy, Fengming Jin

Medical Malpractice Litigation in North Carolina: What Claims Get Paid, and for How Much?, Catherine Harris and Ralph Peeples

Ohio's Standing Requirements and the Unworkable Public-Rights Exception, Kristen Elia

Pereira v. Sessions and the Future of Deportation Proceedings, Louisa Edzie

Political Discrimination by Private Employers, R. George Wright

Pre-Enforcement Litigation Needed for Taxing Procedures, Stephanie McMahon

Preserving Due Process: Applying Monell Bifurcation to State Gang Cases, Fareed Nassor Hayat

Prodigal Reasoning: State Constitutional Law and the Need for a Return to Analysis, Benjamin White

Promoting Private Enforcement of the Voting Rights Act and the Materiality Provision: Contrasting Northeast Ohio Coalition for the Homeless v. Husted and Schwier v. Cox, Megan Hurd

Prosecutorial Discretion in Criminal Tax Obstruction Cases: How DOJ Internal Policy Limited the Crime of Corruptly Obstructing the IRS Until the Supreme Court Stepped In, and Why Tax Criminals Will Still Get Convicted, Kathryn W. Booth

Reclaiming the Intellectual, Emily Houh

Reviving Escobedo, Janet Moore

R.I.P. Employer Intentional Torts: The Debilitating Application of Ohio Revised Code Section 2745.01, Brice Smallwood

Secondary Legislation, Jennifer Kinsley

Section 14(e)'s Culpability Requirement: Scienter v. Negligence, Edward Rivin

Stem Cell and Biotechnological Patentability and Research in the European Union: An Interdisciplinary Approach, Jacqueline Hill Tudor and Jarrod Tudor

Sticking Points: Epistemic Pluralism In Legal Challenges To Mandatory Vaccination Policies, James R. Steiner-Dillon

Syria: A Case Study in International Law, Christopher M. Ford

"[Take From Us Our] Wretched Refuse": The Deportation of America's Adoptees, DeLeith Duke Gossett

Tax as Part of a Broken Budget: Good Taxes Are Good Cause Enough, Stephanie McMahon

Taxing Fictive Orders: How an Information-Forcing Tax Can Reduce Manipulation and Distortion in Financial Product Markets, Ilya Beylin

The $1.5 Billion General Motors Recalls at the Dangerous Intersection of Chapter 11, Article 9, and TARP, Sally McDonald Henry

The Aftermath of Matal v. Tam: Unanswered Questions and Early Applications, Andrew Lehmkuhl

THE BEST WAY FORWARD FOR THE UNIFIED PATENT COURT: GERMAN RATIFICATION NOW AND A NEW PROTOCOL AGREEMENT BEFORE BREXIT, Rachel Levin

The Importance of Drug Quantity in Federal Sentencing: How Circuit Courts Should Determine the Mandatory Minimum Sentence for Conspiracy to Distribute Controlled Substances in Light of United States v. Stoddard, Elizabeth McKinley

The Kirby Cop-Out: How Strict Adherence to Kirby's Bright-Line Attachment Rule Undermines Sixth Amendment Protections, Clayton Prickett

The Law May Cave, But Economics Will Not: The Road to Paying Student Athletes is Longer Than We Think, Nicholas Kitko

The Logic of Comparable-Case Guidance in the Determination of Awards for Pain and Suffering and Punitive Damages, Hillel J. Bavli

The Marketplace of Twitter: Social Media and the Public Forum Doctrine, Elijah Hack

The Need for a Lenient Admissibility Standard for Defense Forensic Evidence, Myeonki Kim

The Ohio Data Protection Act: An Analysis of the Ohio Cybersecurity Safe Harbor, Daniel Shinkle

The Regulatory Ratchet: Why Regulation Begets Regulation—Fatal Flaw in the Market for Health Care, Mark R. Lee

The Sharing Stick in the Property Rights Bundle: The Case of Short Term Rentals and HOAs, Donald J. Kochan

The Trump Administration's Impact on F-1 and J-1 Visas, Laura Caty

THE UNITED STATES-MEXICO-CANADA AGREEMENT: THE NEW NAFTA AND WHAT IT MEANS FOR TECH COMPANIES’ LIABILITY FOR USERS’ CONDUCT ONLINE, Elizabeth Meade

The Unreasonable Seizures of Shadow Deportations, Mary Holper

To Regulate or not to Regulate? A Comparison of Government Responses to Peer-to-Peer Lending Among the United States, China, and Taiwan, Chang-hsien Tsai

Trump v. Hawaii: Dissecting the Controversy over Presidential Immigration Policies, Paul Taske

Twenty-Ninth Annual Corporate Law Center Symposium: Corporate Social Responsibility and the Modern Enterprise: Foreword, Felix B. Chang

Unitary Theory, Consolidation of Presidential Authority, and the Breakdown of Constitutional Principles in Immigration Law, Grant Wilson

Welcome to the Gun Show: Will the Court Make a Killing in the Name of “Self-Defense?” The Circuit Split Over “Core” Rights Under the Second Amendment, R. Betsy Emmert

When Should You Abstain? A Call for a Global Rule of Insider Trading, Ido Baum and Dov Solomon

Why Ohio Should Recognize the Right to a Jury Trial in Involuntary Commitment Proceedings, Katherine McDonald