The University of Cincinnati Law Review

The University of Cincinnati Law Review is a quarterly publication produced by second and third-year law students. The Review, along with its counterparts at all other accredited law schools, makes a significant contribution to scholarly legal literature. In addition, the Review represents the College of Law to the outside community. Each year, approximately 30 students are invited to join the Law Review as Associate Members. All Associate Members are chosen on the basis of first year grade point average combined with a writing competition score. The competition begins immediately after completion of first year studies.

Each Review Associate Member is expected to write twice during the second year. Associate Members write casenotes or comments. A casenote discusses a recent court decision by putting the holding of the case in broader legal perspective. A comment analyzes a recent trend in a specific area of law as reflected in recent cases. At the end of the second year, Associate Members are given the option to write an editorial note during their third year, as a Contributing Member.

Eighteen second-year members are chosen to serve as editors of the Review during their third year of law school. Review editors approve writing topics, edit student casenotes and comments, select law articles by eminent scholars, and perform all tasks related to editing, printing and publishing the journal. Student writers and editors receive credits that apply towards College graduation requirements. Associate Members who complete all requirements receive two credit hours for each semester. Third-year editors may receive two or three credit hours per semester, depending upon their position. Third-year Contributing Members receive one credit hour per semester.

The Review is one of several interesting and valuable extracurricular activities available at the Law School. Review participation provides a widely recognized opportunity that cannot be found in any other writing program offered by the College. Participation on the Review requires a fairly intensive commitment of time and energy; however, the rewards are substantial.

Volume 78, 2009-2010 Editoral Board

Editor-in-Chief
Giles Roblyer

Executive Editor
Peter O'Shea

Managing Editor
Mandy Earl

Articles Editors
Evan Anderson, Rosina Caponi, Lori Heilman, Mike Keefe, Sarah Young

Citations Editors
Lane Blake, Jeff Hicks, Neha Matta

Faculty Advisor
Michael E. Solimine

Publications Editor
Kenneth Hughes

Notes & Comments Editors
Aaron Bernay, Gene Edwards, Darren Ford, Daniel Knecht, Matt Miller, Megan Shuba

Business Manager
Erin Moosbrugger

Associate Members
Emily Barth, Tony Bickel, Kate Brueggeman, Scott Crowley, Jacob Dean, Jennifer Downing, Taryn Filo, Zak Fithian, Christy Flanagan, Marilu Gresens, Tricia Groff, Greg Horn, Jesse Jenike-Godshalk, Tim Jones, Matthew Katz, Nick Kowalski, Kristin Kramer, Josh LaFevre, Kenjiro LeCroix, Megan Lorenz, Matthew Malm, Lindsay Mather, Aisha Monem, J.Michael Morgalis, Colleen Murphy, Maggie Nestheide, James Patrick, Erika Spears, Elaine Stoll, Amanda Szuch, Doug Vonderhaar, Sam Warden,

Contact Us

There are several ways to contact the Law Review:

Email: lawreview@law.uc.edu

Mailing Address:
University of Cincinnati Law Review
University of Cincinnati College of Law
Room 300, Taft Hall
Cincinnati, OH 45221-0040

Phone Numbers:
Law Review Board Office: 513-556-5101
Business Manager: 513-556-0086

Fax: 513-556-2992
Please address all correspondence by fax to the attention of Law Review

Pricing List

All prices include postages and handling. Subscriptions are automatically renewed unless a request for discontinuance is received 30 day prior to mailing.

  • Domestic: $35 per volume, payable in advance
  • Agent -- Domestic: $32.50 per volume
  • Foreign: $40.00 per volume
  • Agent -- Foreign: $37.00 per volume
  • Single Issue -- Domestic: $11.00
  • Single Issue -- Foreign: $16.00

For additional information, please contact the Business Manager of the University of Cincinnati Law Review at (513) 556-0086.

Submission Procedure

Submitting an Article

The University of Cincinnati Law Review welcomes submission of manuscripts for publication consideration throughout the year. Manuscripts should conform to the most recent editions of The Bluebook: A Uniform System of Citation and The Chicago Manual of Style.

Manuscripts should be sent to:

  • Managing Editor
  • University of Cincinnati Law Review
  • University of Cincinnati College of Law
  • Room 300, Taft Hall
  • Cincinnati, OH 45221-0040

or emailed to LRsubmissions@law.uc.edu

Expedited Review

To request an expedited review of your article, please send an e-mail to LRsubmissions@law.uc.edu. In the body of the e-mail, please include:

  • Your Name
  • Your contact information (including phone number and e-mail address)
  • The title of your manuscript
  • The title of the journal that has extended an offer to you
  • The phone number or e-mail address of a contact person at that journal
  • The deadline for the expedited review to be completed

The editors of Law Review attempt to honor all requests for expedited review for which the above information is provided.

Volume 75, 2006-07

Table of Contents

Dedication

  • Commemorating Seventy-Five Years of the University of Cincinnati Law Review
    - Louis D. Bilionis & Michael E. Solimine 1 PDF
  • William Howard Taft Lecture Scalia's Infidelity: A Critique of "Faint-Hearted" Originalism Randy E. Barnett 7 PDF
  • Lead Articles Absurd Results, Scrivener's Errors, and Statutory Interpretation Andrew S. Gold 25 PDF
  • How Antidiscrimination Law Learned to Live with Racial Inequality Matthew J. Lindsay 87 PDF
  • Jurisdiction and Discretion in Hybrid Law Cases John F. Preis 145 PDF
  • Reverse Bifurcation Drury Stevenson 213 PDF
  • Much Ado About Nothing: Kelo v. City of New London, Babbitt v. Sweet Home, and Other Tales from the Supreme Court Marcilynn A. Burke 663 PDF
  • The Best Offense is a Good Defense: Why Criminal Defendants' Nolo Contendere Pleas Should Be Inadmissible Against Them When They Become Civil Plaintiffs Colin Miller 725 PDF
  • Symposium: The Future of "The Duty to Protect": Scientific and Legal Perspecties on Tarasoff's Thirtieth Anniversary Symposium Introduction Ann Hubbard 429 PDF
  • Do Ask and Do Tell: Rethinking the Lawyer's Duty to Warn in Domestic Violence Cases Sarah Buel & Margaret Drew 447 PDF
  • Tarasoff at Thirty: How Developments in Science and Policy Shape the Common Law John Monahan 497 PDF
  • Critique of Pure Risk Assessment or, Kant Meets Tarasoff Douglas Mossman 523 PDF
  • "You Got No Secrets to Conceal": Considering the Application of the Tarasoff Doctrine Abroad Michael L. Perlin 611 PDF
  • The Myth of "Imminent" Violence in Psychiatry and the Law Robert I. Simon 631 PDF
  • Tarasoff As a Duty to Treat: Insights from Criminal Law Christopher Slobogin 645 PDF
Comments and Casenotes
  • K.M. v. E.G.: Blurring the Lines of Parentage in the Modern Courts Meghan Anderson 275 PDF
  • Negating Precedent and (Selectively) Suspending Stare Decisis: AEDPA and Problems for the Article III Hierarchy Joseph M. Brunner 307 PDF
  • Base Closure and Realignment: Federal Control Over the National Guard Jason A. Coats 343 PDF
  • Return to Gender: Finding a Middle Ground in Sex Stereotyping Claims Involving Homosexual Plaintiffs Under Title VII Ryan M. Martin 371 PDF
  • A Bitter Pill to Swallow: Patent Law, a True Exception to Antitrust Law Schor v. Abbot Laboratories Barry M. Visconte 399 PDF
  • The FDA: Advocate or Regulator of the Pharmaceutical Industry? The Attempted Preemption by the FDA of State Tort Claims for Failure to Warn on Pharmaceutical Labeling Timothy Ardizzone, Ph.D 763 PDF
  • Square Pegs Into Round Holes? Strict Scrutiny and Voluntary School Desegregation Plans Joseph M. Brunner 791 PDF
  • Taking the Ball and Running With it: U.S. V. Clark and Congress's Unlimited Power Under the Foreign Commerce Clause Julie Buffington 841 PDF
  • Lobbying Reform: House-Cleaning or Window Dressing? Brian Griffith 863 PDF
  • Does (FISA + NSA) * AUMF - Hamdi = Illegal Domestic Spying? Jeremy Neff 887 PDF

Volume 74, 2005-06

Table of Contents

In Memoriam
  • A Tribute to Stanley E. Harper, Jr. Barbara G. Watts 743 PDF
  • The Quintessential "Reasonable Person" Barbara McFarland 747 PDF
Dedication to Dean Joseph P. Tomain
  • A Dedication to Dean Joseph P. Tomain: Educator, Scholar and Leader Donna M. Nagy & Barbara G. Watts 1 PDF
  • A Personal Salute to a Great Dean and Good Friend The Honorable Nathaniel R. Jones 5 PDF
  • Joseph P. Tomain: Champion of Human Rights Bert B. Lockwood, Jr. 7 PDF
  • A Tribute to Dean Joseph P. Tomain: Lawyer, Dean, Teacher, and Philosopher Michael L. Cioffi 9 PDF
  • Robert S. Marx Lecture The War Difference: Law and Morality in Counter-Terrorism Tom Gerety 147 PDF
  • Eighteenth Annual Corporate Law Symposium: Corporate Social Responsibility in the International Context Business and Human Rights David Weissbrodt 55 PDF
  • Is There an Emerging Fiduciary Duty to Consider Human Rights? Cynthia A. Williams & John M. Conley 75 PDF
  • Towards a Cosmopolitan Vision of International Law: Identifying and Defining CIL Post Sosa V. Alvarez-Machain Christiana Ochoa 105 PDF
Lead Articles
  • Defining the Duty of Religious Institutions to Protect Others: Surgical Instruments, not Machetes, are Required Victor E. Schwartz & Leah Lorber 11 PDF
  • Law and the Problem of Pain Michael Finch 285 PDF
  • ADR: The New Equity Thomas O. Main 329 PDF
  • Undue Hardship in the Bankruptcy Courts: An Empirical Assessment of the Discharge of Educational Debt Rafael I. Pardo & Michelle R. Lacey 405 PDF
  • Does the Internal Revenue Service Have a Duty to Treat Similarly Situated Taxpayers Similarly? Christopher R. Pietruszkiewicz 531 PDF
  • Deceptive Lawyering Douglas R. Richmond 577 PDF
  • The Original Intent of Uniformity in Federal Sentencing Michael M. O'Hear 749 PDF
  • When the Federal Death Penalty is "Cruel and Unusual" Michael J. Zydney Manheimer 819 PDF
  • Kiss and Tell: Protecting Intimate Relationship Privacy Through Implied Contracts of Confidentiality Andrew J. McClurg 887 PDF
  • Medical Research and Intangible Harm Richard S. Saver 941 PDF
  • Conquering the Province of the Jury: Expert Testimony and the Professionalization of Fact-Finding Ric Simmons 1013 PDF
  • U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Tort Law--Defamation, Preemption, and Punitive Damages Thomas C. Galligan, Jr. 1189 PDF
  • The Visible Hand in Government-Sponsored Financial Services: Why States Should Not Be Allowed to Offer 529 Plans Mercer E. Bullard 1265 PDF
  • Still Mortgaging the American Dream: Predatory Lending, Preemption, and Federally Supported Lenders Julia Patterson Forrester 1303 PDF
  • The Constitutional Right Not to Cooperate? Local Sovereignty and the Federal Immigration Power Huyen Pham 1373 PDF
Comments and Casenotes
  • The Struggle for Reasonable Accommodation for "Regarded As" Disabled Individuals Cynthia A. Crain 167 PDF
  • Automatic Rights or Permissive Ones? The Status of Articles 4 and 5 of the Third Geneva Convention Relative to the Treatment of Prisoners of War Ronda J. Cress 191 PDF
  • Presumptions, Burdens, and Standards, Oh My: In re Marriage of LaMusga's Search for a Solution to Relocation Disputes Tricia Kelly 213 PDF
  • We Don't Need No Thought Control: Doe v. City of Lafayette Jacob D. Mahle 235 PDF
  • Strategy or Stratagem: The Use of Improper Psychological Tactics by Trial Attorneys to Pursuade Jurors Michelle Pan 259 PDF
  • United States v. Extreme Associates, Inc.: The Substantive Due Process Death of Obscenity Law Jennie G. Arnold 607 PDF
  • "No Crying in Baseball" - And No More Crying on the Stock Markets: An Alternate-Hybrid Approach to Self-Regulation Jarad D. Hunter 639 PDF
  • Singing a Different Tune: Was the Sixth Circuit Justified in Changing the Protection of Sound Recordings in Bridgeport Music, Inc. v. Dimension Films? Jeffrey F. Kersting 663 PDF
  • Dominguez-Cota v. Cooper Tire & Rubber Co.: A Convenient Forum for Addressing Subject Matter Jurisdiction Ali Razzaghi 689 PDF
  • Preserving Rights or Perpetuating Chaos: An Analysis of Ohio's Private Challenges of Voters Act and the Sixth Circuit's Decision in Summit County Democratic Central and Executive Committee v. Blackwell Dale Smith 719 PDF
  • First Amendment Claims under the Prison Litigation Reform Act: A Mental or Emotional Injury? Jeff B. Allison 1067 PDF
  • The Right of a Parent's Shareholders to Inspect the Books and Records of Subsidiaries: None of their Business? Matthew A. Kitchen 1089 PDF
  • Awarding Attorney Fees under the Lanham Act: Egregious Litigation Conduct in the "Exceptional" Case Anne M. Mellen 1111 PDF
  • Problem Employees: "Merely Cantankerous" or Substantially Limited in their Ability to Interact with Others? Jennifer N. Randolph 1135 PDF
  • Intellectual Property and Baseball Statistics: Can Major League Baseball Take its Fantasy Ball and Go Home? Robert t. Razzano 1157 PDF
  • RESPA, HUD, and Mortgage Markups: HUD and Several Courts' Attempts to Broaden RESPA to Prohibit Mortgage Markups Goes Beyond Congress's Purpose Ginger Bock 1415 PDF
  • The Reach of RAICH: Implications for Legislative Amendments and Judicial Interpretations of the Clean Water Act Kimberly Breedon 1441PDF
  • Extra! Extra! Read All About It! Censorship at State Universities: Hosty v. Carter Michael O. Finnigan, Jr. 1477 PDF
  • The Professional Presumption: Do Professional Employees Really Have Equal Bargaining Power When They Enter into Employment-Related Adhesion Contracts? Allison E. McClure 1497 PDF
  • What Were They Thinking? Officers' Subjective Knowledge and the "Good Faith" Exception of Fourth Amendment Jurispurdence--United States v. Laughton Derek V. Smith 1525 PDF
  • To Grandmother's House We Go: Examining Troxel, Harrold, and the Future of Third-Party Visitation Brent Bennett, Jennifer Herbert & Jeanette McClellan 1549 PDF