The 1790 Naturalization Act and the Original Meaning of the Natural Born Citizen Clause: A Short Primer on Historical Method and the Limits of Originalism
During the 2016 Presidential election a number of constitutional scholars debated Ted Cruz’s eligibility to be President. This was not the first time in recent American history that the meaning of the Constitution’s “natural born citizen” clause was a live issue in American law. The answer to this legal question depends on the particular theory of constitutional interpretation one favors. There has been a good deal of speculation on this issue by scholars of different methodological commitments. Much of the debate focuses on the meaning of the 1790 Naturalization Act, which raises deeper questions about the evolving debate over the legitimacy of originalism as a constitutional theory. Rather than approach the meaning of eighteenth-century constitutional and legal texts in a genuinely historical fashion, originalists have adopted a method plagued by anachronism, which invariably leads to distortion.
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.Read more...
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.
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.