by technology@hastingslawjournal.org | Mar 22, 2016 | Volume 67, Issue 3
Nicole Wredberg Volume 67, Issue 3, 881-912 The National Labor Relations Act (“NRLA”) was born out of the industrial strife of the Great Depression and provides for employee collective rights in order to prevent the potentially devastating economic consequences of an...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Anne D. Gordon Volume 67, Issue 2, 323-66 Plaintiffs’ victory in Vergara v. State, a case about teacher evaluation and employment regulations, has thrust the issue of educational adequacy into the spotlight in California. Campaign for Quality Education v. State, a...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Harold J. Krent and Scott Morris Volume 67, Issue 2, 367-406 This study of federal court decisionmaking asks whether characteristics of a jurist including age, race, gender, and work experience, can affect results in the context of the nation’s most frequently...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Seana Valentine Shiffrin Volume 67, Issue 2, 407-42 This Article considers the growing trend to enforce liquidated damages agreements or what I think are more felicitously called “remedial clauses.” I criticize this trend on the grounds that a permissive approach to...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Olivier Sylvain Volume 67, Issue 2, 443-98 One of the clear goals of the federal Communications Act is to ensure that all Americans have reasonably comparable access to the Internet without respect to whom or where they are. Yet the main focus of policymakers and...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Regina Durr Volume 67, Issue 2, 499-530 The purpose of this Note is to show how force majeure can excuse Japan from its reduced CO2 emissions target due under the Kyoto Protocol. The Kyoto Protocol is the first and only binding international agreement to reduce CO2...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Lesley Rae Hamilton Volume 67, Issue 2, 531-64 On May 20, 2014 the House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). The SAVE Act would have amended the federal criminal code to prohibit “advertising commercial sex...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Lesley Rae Hamilton Volume 67, Issue 1 It is a dynamic time for the legal profession. Law firms, big and small, are innovating the way they run their businesses and deliver their services, resulting in positive changes for both clients and attorneys. On the one hand,...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Joan C. Williams, Aaron Platt, and Jessica Lee Volume 67, Issue 1, 1-84 For decades, lawyers have been complaining that they hate working at law firms, and clients have expressed increasing frustration with high legal fees. But complaining is as far as either group...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Erin C. Fuse Brown Volume 67, Issue 1, 85-142 Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market...