Authoruclalaw

Over the past several decades, two of the most significant developments in landlord-tenant law have been the establishment of the implied warranty of habitability and the advent of landlord tort liability for third-party criminal acts against tenants. For the most part, the implied warranty of habitability and landlord liability for third-party criminal acts were created by separate movements...

Five years ago, in Zelman v. Simmons-Harris, the U.S. Supreme Court upheld the constitutionality of a Cleveland program that provided school vouchers to low-income parents seeking private school alternatives for their children. Zelman was heralded as of great historical significance when it was decided. Yet, in the years since Zelman, school vouchers have made little political headway—only three...

The common law and federal regulations create overlapping legal regimes that require researchers to obtain the informed consent of most human subjects of medical research. The fast-growing field of biomedical research generally, and stem cell research in particular, gives rise to a range of unresolved and contested legal issues concerning the extent and implementation of the informed consent...

This Article's central argument is that the law needs to do a better job of recognizing, protecting, respecting, and promoting friendships. The law gives pride of place to other statuses—family and special professional relationships are obvious ones—but the status of the friend is rarely relevant to legal decisionmaking and public policymaking in a consistent way. After defining the concept of...

The issue of pharmacists refusing to dispense birth control or emergency contraception recently has become a major debate in the battle over reproductive rights. Several states have enacted legislation to protect refusing pharmacists, and many more are considering such laws. I explore these new laws against the backdrop of the existing legal landscape governing the actions of pharmacists...

Virtual worlds, and the subset known as massively multiplayer online games, have grown in popularity to encompass tens of millions of participants and billions of dollars in revenues per year. Participants make sizable investments of social, human, and economic capital in these virtual worlds, often with the questionable expectation that the items they have collected and creations they have...

Work is central to much of life and to many areas of law, including recent transformations in the American welfare state. Despite this pervasive importance, work is notoriously difficult to define. Yet doing so is essential to the design and functioning of a work-based welfare system. This Article provides the first comprehensive analysis of how to define work for the purpose of satisfying...

Hepatitis C (HCV) in prisons is a public health crisis tied to current drug policy's emphasis on the mass incarceration of drug users. Prison policy acts as a barrier to HCV care by limiting medical care for the infected, especially drug users, and by inhibiting public health measures addressing the epidemic. This Comment argues that courts mistakenly limit prisoners’ Eighth Amendment right to...