by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6
Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 6, 1471-1508 On March 28, 2017, Congress killed the FCC’s attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the impact of...
by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6
McKay Cunningham Volume 69, Issue 6, 1509-1544 The Supreme Court has long held that extreme partisan gerrymandering violates equal protection, but has simultaneously dismissed gerrymandering disputes as nonjusticiable political questions. In particular, the Court has...
by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6
Andrea Freeman Volume 69, Issue 6, 1545-1606 Laws and policies that impede Black mothers’ ability to breastfeed their children began in slavery and persist as an incident of that institution today. They originated in the practice of removing enslaved new mothers from...
by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6
Stephen F. Smith Volume 69, Issue 6, 1609-1672 For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or “innocent”) conduct, thereby ensuring that only offenders with adequate notice of...
by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6
Christina E. Urhausen Volume 69, Issue 6, 1673-1694 Brady violations have become a growing epidemic in California. As a result, California recently enacted a new law that amends section 141 of the Penal Code. The law changes the status of an “intentional” Brady...
by technology@hastingslawjournal.org | Jun 3, 2018 | Volume 69, Issue 5
Justine Isola Volume 69, Issue 5, 1333-1338 Full...
by technology@hastingslawjournal.org | Jun 3, 2018 | Volume 69, Issue 5
Erwin Chemerinsky Volume 69, Issue 5, 1339-1354 Full...
by technology@hastingslawjournal.org | Jun 3, 2018 | Volume 69, Issue 5
David M. Howard Volume 69, Issue 5, 1355-1378 Democracy has evolved throughout history, and democracy can survive the challenges of the cyber age. However, democracy will be affected by the internet and increased cybersecurity. Cybersecurity and democracy sometimes...
by technology@hastingslawjournal.org | Jun 3, 2018 | Volume 69, Issue 5
Tessa Jolls & Michele Johnsen Volume 69, Issue 5, 1379-1408 The current focus on the validity, credibility, and trustworthiness of media and information is urgent and global. In the past ten to twenty years, the information landscape has fundamentally changed due...
by technology@hastingslawjournal.org | Jun 3, 2018 | Volume 69, Issue 5
Alexandra Andorfer Volume 69, Issue 5, 1409-1431 “Fake news” seems to be the phrase du jour these days. During the 2016 presidential election, fake news and propaganda proliferated on social media sites like Facebook, Twitter, and Google, with many of the concocted...
