Authoruclalaw

Merchants pay banks a fee on every credit card transaction. These credit card transactions cost American merchants an average of six times the total cost of cash transactions. The variation in fees among credit cards is also large, with some cards, such as rewards cards, costing merchants twice as much as others. The largest component of the fee merchants pay goes to finance rewards programs...

Uniformed lawyers—judge advocates—are uniquely situated at the heart of the American civil-military relationship. A recent article published in this law review argued that this placement has hindered military operations and disrupted civilian control over the military; left unaddressed, it will negatively affect the nation’s ability to fight and win future wars. This Essay takes issue with such...

After years of petitioning by artists and art enthusiasts, the passage of the Visual Artists Rights Act of 1990 finally conferred upon U.S. artists certain moral rights long enjoyed by their European counterparts: the personal, noneconomic rights that artists hold in their works. Specifically, the Act forbids the destruction of works that are “of recognized stature” and modifications of works if...

Over the past two decades, drug treatment courts have gained traction as popular alternatives to the conventional war on drugs and to its one-dimensional focus on incarceration. Specifically, the courts are meant to divert addicts from jails and prisons and into coerced treatment. Under the typical model, a drug offender enters a guilty plea and is enrolled in a long-term outpatient treatment...

Despite decades of effort, the international community has stumbled in attempts to craft tort remedies for victims of transboundary environmental damage. More than a dozen civil liability treaties have been negotiated that create causes of action and prescribe liability rules, but few have entered into force, and most remain unadopted orphans in international environmental law. In this Article, I...

This Article explores the relationship between medical malpractice tort reforms and death rates. Investigating this relationship is important both because of the frequent political conflict over such reforms and because medical malpractice causes tens of thousands of deaths each year. I first develop predictions from law and economics theory about medical malpractice tort reforms’ carelevel and...

How far below the earth’s surface do property rights extend? The conventional wisdom is that a landowner holds title to everything between the surface and the center of the earth. This Article is the first legal scholarship to challenge the traditional view. It demonstrates that the “center of the earth” theory is poetic hyperbole, not binding law. Broadly speaking, the deeper the disputed...

America’s public schools and teachers face a growing but currently unaddressed problem: How to comply with the law requiring teachers to meet the needs of all students with disabilities when those needs are incompatible. The Individuals with Disabilities Education Act requires schools to meet the individual needs of each student with disabilities. As the number of students with disabilities...