Online

James Bonar-Bridges

Online games like World of Warcraft and Second Life are intensely successful products that have changed the face of modern entertainment. Contracts between the user and the publisher, called end-user license agreements (EULAs), control these online interactions—and entire virtual worlds. Players must agree to a given game’s EULA before starting the game.

This comment argues that EULAs, which purport to control all facets of the user’s in-game experience, are a poor shield for users of these alternate realities—especially in situations where players have large monetary investments. Part I explores the property interests at stake in these massively multiplayer online role-playing games (MMORPGs) by looking at World of Warcraft, specifically. Part II then explores issues that have arisen with the World of Warcraft and other EULAs in terms of who they bind, what they allow software developers to do to users who exploit flaws in programming, and what they regulate. Finally, Part III questions whether these agreements are enforceable contracts and whether contract law is the appropriate mechanism for regulating virtual property by exploring the alternative enforcement mechanisms of property law, consumer protection law, and criminal law.

Jonathan Todres

Once thought of as primarily a criminal justice issue, human trafficking is now recognized as an issue that implicates all sectors of society. Trafficked individuals have been identified in a breadth of industries, including agriculture, manufacturing, construction, mining, fisheries, forestry, health care, hospitality and tourism, domestic service, restaurants, forced-begging operations, and the sex industry. Preventing exploitation across so many sectors requires a comprehensive, coordinated response. In other words, in addition to the criminal justice system, social service professionals, health care providers, educators, businesses, media, and others all have a role to play in addressing human trafficking and its attendant forms of exploitation. As part of the recent push to broaden engagement in anti-trafficking efforts, policymakers and advocates have identified mandatory child abuse reporting statutes as a vehicle for engaging health care providers, educators, and other professionals who work with children to help identify children at risk of or exploited by human trafficking.

Richard E. Redding

Learning experiences often produce outcomes we do not expect. Professor Yackee’s study finding no relationship between a schools’ clinical offerings (measured by “the number of positions available in faculty supervised law clinic courses . . . as a percent of total JD enrollment”) and student employment outcomes (measured by the school’s Law School Transparency employment score) was greeted with skepticism by practitioners and advocates of clinical legal education (hereinafter “CLE”). Law students and recent graduates may also be skeptical given the popularity of clinical courses and surveys finding that many lawyers view their law school clinical experiences as useful in preparing them for law practice, which is often advertised to students and employers as a key benefit of clinics.

Thomas E. Simmons

Sexbots may displace humans in the sex trade (or on a wider scale) sometime between the 2020s and the 2050s. Although some perquisites may derive from the proliferation of sexbots (lower levels of sexually transmitted diseases, for example), significant social harms can also be predicted. In anticipation of those harms, lawmakers may endorse targeted regulation or outright bans. The uncertain limits of Lawrence v. Texas and its progeny of sex-toy decisions will present vague constitutional shoals to these aims. The legislating-of-sexbots crusade will also make for strange bedfellows, politically speaking, as social conservatives aiming to maintain traditional values ally with liberals concerned with amplified objectification.

Valarie K. Blake

Section 1557 of the Patient Protection and Affordable Care Act (ACA) broadly prohibits discrimination on the basis of race, color, national origin, gender, age, and disability in healthcare programs or activities receiving federal dollars. The provision should hold interest for civil rights scholars and health policy scholars alike. It’s the first civil rights statute to combine four different civil rights statutes into a single provision creating nightmarish ambiguity about the proper standards for cause of action and remedy. Section 1557 also represents the first civil rights statute to broadly tackle discrimination in healthcare, including private health insurance, and to apply sex discrimination to healthcare (including discrimination based on gender identity and possibly sexual orientation).

Ann L. Schiavone

Do Justice Anthony Kennedy’s opinions in the gay rights cases of Romer v. Evans, Lawrence v. Texas, United States v. Windsor, and Obergefell v. Hodges have any impact on the future of Fourteenth Amendment jurisprudence beyond rights for gays, lesbians, and transgender persons? We don’t know. It is possible these cases will simply remain siloed in their unique legal and cultural niche, but viewing them through the lens of 150 years of Fourteenth Amendment jurisprudence suggests they may signal a shift in due process and equal protection analysis. This shift could open the doors for challenging discriminatory laws under a more robust rational basis analysis than that which is generally employed under the traditional tiered-scrutiny structure.

Matthew H. Birkhold

When the English arrived in the “New World” in the seventeenth century, they viewed the land as empty, unused, and unclaimed—a “vacuum domicilium” that legally justified their usurpation of the land. Nearly four hundred years later, we have come to appreciate that Native Americans stood in various agricultural, economic, spiritual, and geopolitical relationships with the land. The English simply failed to perceive these connections and uses. The Supreme Court’s recent decision to hear Nebraska v. Parker offers an opportunity for the American justice system to demonstrate that it has since developed a more enlightened and nuanced jurisprudence, one that understands more about Native Americans than the early colonists did.

Jeremy Geltzer

The story of film and the First Amendment charts a steady course toward creative freedom. Within one hundred years, motion pictures developed from a fairground attraction into an art form, and from a revolutionary technology into an industrially produced mass media. More accessible to large audiences and more powerful in delivering a message than any previous medium, the movies quickly transcended their origins as a penny-parlor amusement to become an important cultural influencer.

Carl Tobias

Marriage equality has swept America. Numerous federal judges, including Western District of Wisconsin Judge Barbara Crabb, have invalidated state proscriptions on same-sex marriage. This paper scrutinizes U.S. litigation, Crabb’s opinion, Seventh Circuit affirmance, and Supreme Court resolution. Finding that Wisconsin shows how to efficaciously institute full marriage equality, even as other states have not, the piece affords future suggestions.

Robert J. Condlin

I feel sorry for Professor Yackee. He started a conversation about legal employment and ended up in a debate about clinical education. That’s a little like going to a Barry Manilow concert and having Gene Simmons walk on to the stage. In fairness, he opened the door to the larger issue on direct (perhaps inadvertently) when he acknowledged, ever so briefly, that one could “imagine . . . positive consequences of skills training,” and once the door was opened Professor Findley walked through it on cross, to give the conversation a wholly new character. As I see it, there now are three questions on the table: 1) does clinical practice experience improve a law student’s chances of getting a legal job, 2) if not, would it if employers were given better information about student practice experience, and 3) if not, are there other reasons to justify a law school’s decision to fund a clinical program. The answer to question number 1, at least for many private law firms (and all of Biglaw), is almost certainly no, but there is considerable room for disagreement on questions 2 and 3, and I will express my views on them shortly. First, however, a few words about the ostensible disconnect between clinical practice experience and private law firm employment.