Content Posted in 2023 | University of Cincinnati College of Law Scholarship and Publications | University of Cincinnati College of Law Research

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Content Posted in 2023

A Framework for Assessing Whether Civil Penalties Under the False Claims Act Violate the Excessive Fines Clause of the Eighth Amendment, Joel D. Hesch

All Hands on Deck: The Role of Government Employees as Qui Tam Relators, Renée Brooker and Jaclyn S. Tayabji

A Right Without a Remedy: How One Cincinnatian's Story Illustrates Terrorism Victims' Inability to Obtain Compensation Under the Foreign Sovereign Immunities Act, Christopher T. Colloton

A Vision of the Anti-Racist Public Corporation, Steven A. Ramirez

Becoming "Audit" it Can Be: Improving Public School Funding Through a Streamlined Sales and Use Tax Agreement for Real Property Tax, Megan E. Bowling

Breaking the Non-compete Cycle: A Legal and Economic Analysis of the FTC's Power Move, Stephen Fox

Classifying Tax Guidance According to End Users, Stephanie McMahon

Clearing the Way to Renminbi Domination: CIPS, Antitrust, and Currency Competition, Felix B. Chang

Congress's Empty Promises: The Individuals with Disabilities Education Act in the Midst of Education Crisis, Sarah Jana

Coordination of the Uniform Commercial Code and Common Law, Kenneth C. Kettering

Divide, "Two-Step," and Conquer: How Johnson & Johnson Spurred the Bankruptcy System, Patrick Maney

Education, the First Amendment, and the Constitution, Erwin Chemerinsky

Elderly or Disabled Registered Sex Offenders: Are They Experiencing Cruel and Unusual Punishment Under Ohio Sex Offender Classification and Registration Laws?, Susana Tolentino

Fixed Payment Schedules do not Foreclose Liability Under the False Claims Act, Glen McClain

Fixing Standard-Form Contracts, Shirly Levy

Freedom of Algorithmic Expression, Inyoung Cheong

Inactive Exercise & Unequal Protection: Espinoza & Carson Under the Equal Protection Clause, Griffith B. Bludworth

Inmates May Work, But Don't Tell Social Security, Stephanie McMahon

James B. Helmer, Jr.: A Legal Maverick for the False Claims Act, S. Elizabeth Malloy and Michael E. Solimine

James B. Helmer, Jr. — A Tribute, Neil V. Getnick

Leveraging Professional Identity Formation in the Doctrinal Law School Class, Louis D. Bilionis

Markets as Legal Constructions, Gregory Brazeal

More Than They Bargained For: AB 257 and an Alternative Approach to Labor Law in California's Fast-Food Industry, Alex Reid

Must Courts Recalibrate Tort Law Governing Firearms in Light of the Second Amendment?, Lars Noah

No Peeking: Addressing Pretextual Inspection Demands by Competitor-Affiliated Shareholders, Lin (Lynn) Bai and Sean Meyer

(Not) Right on Time: Interpretation of "Pertinent Time" for Bancec Alter Ego Analysis and Its Effect on Attaching Foreign Sovereign Assets, James Hardman

Pooling and Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen and Annkathrin Marschall

Positionality, Intersectionality, Power Dynamics in Community Participatory Research to Define Public Safety in Black Communities, Janet Moore

Prevention or Creation of Terrorism? The Sri Lankan Prevention of Terrorism Act, Abigail Castle

Reclaiming Safety: Participatory Research, Community Perspectives, and Possibilities for Transformation, Janet Moore

Rectifying an Empty Gesture: Why Placement on Paid Administrative Leave Should Constitute "Adverse Employment Action" for the Purposes of a First Amendment Retaliation Claim, Andrew White

Releasing the Captives: How the National Labor Relations Board Can Correct the Anomalous Captive Audience Meeting Doctrine, Adam J. Drapcho

Remembering James B. Helmer, Jr., a Titan of False Claims Act Litigation, B. Nathaniel Garrett

School Matters, Ronna Greff Schneider

Section 230 as Civil Rights Statute, Enrique Armijo

Shareholder Inspection Rights: From Credible Basis to Rational Belief, Lin (Lynn) Bai

Stop the Games: How Broker-Dealer Gamification Affronts Antitrust, Tanner Dowdy

Taking the American Dream – A Remedy for Home Equity Theft Following the Sixth Circuit's Ruling in Harrison v. Montgomery County, Ohio, Elizabeth Black

That’s Going to Leave a Mark: The Effect of Trademark Law on Colleges and Universities, Bryn Ericksen

The Common-Law Roots of Materiality Under the False Claims Act, Noah Matthew Rich

The Eleventh Amendment and Nondiverse Suits Against States, Collin Hong

The Taxpayer Bill of Rights and the Right to Be Informed: The Positive or Negative Way You Look at It, Stephanie McMahon

Turn Up the Volume: The Connick Pickering Test as a Remedy for Quiet Quitting and the COVID-19 Pandemic’s Impact on Critical Private Employment Issues, Megan E. Bowling

Underage and Unprotected: Federal Grand Juries, Child Development, and the Systemic Failure to Protect Minors Subpoenaed as Witnesses, Lucy Litt

U.S. Inbound Employment Tax Matters: Windfall Elimination Meets Totalization, Stephanie McMahon

Value Judgments in Judicial Reasoning, and the Instability of the Fact-Law Distinction, Stephen A. Simon

Vega v. Tekoh and the Erosion of Miranda: A Reframing of Miranda as a Procedural Due Process Requirement, Tess A. Chaffee

Voluntary Dismissals, Jurisdiction & Waiving Appellate Review, Bryan Lammon

Wading Through Troubled Waters: Inequities & Improprieties of Stream Access Laws in the American West, Alexander Johnson

We[ed] The People: How a Broader Interpretation of the Rohrabacher-Farr Amendment Effectuates the Changing Social Policy Surrounding Medical Marijuana, Tess A. Chaffee

What Do We Do with You: How the United States Uses Racial-Gendered Immigrant Labor to Inform its Immigrant Inclusion-Exclusion Cycle, Tori DeLaney

When Life Begins: A Case Study of the Unitarian Universalism Faith and its Potential to Combat Anti-abortion Legislation, Jennifer O'Rourke

Whistleblower Protection Under the False Claims Act: Providing Former Employee Inclusion, Nathaniel Kinman