by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Elissa Philip Gentry & Benjamin J. McMichael Volume 72, Issue 3, 827-870 Unlike past public health crises, the opioid crisis arose from within the healthcare system itself. Entities within that system, particularly opioid manufacturers, may bear some liability in...
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Adam M. Gershowitz Volume 72, Issue 3, 871-918 Imagine that a medical board revokes a doctor’s license both because he has been peddling thousands of pills of opioids and also because he was caught with a few grams of cocaine. The doctor is a family physician, not a...
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Lauren Trambley Volume 72, Issue 3, 919-958 Although California was by no means an affordable state to reside in prior to 2008, Californians are still experiencing the reverberating effects of the collapse of the housing market in its present affordable housing...
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Robert Wu Volume 72, Issue 3, 959-998 In the first three years of Public Service Loan Forgiveness (PSLF), over 227,000 borrowers applied for relief. The U.S. Department of Education granted relief to less than 3800 borrowers, denying forgiveness to roughly 98% of the...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Mark Glick, Catherine Ruetschlin, & Darren Bush Volume 72, Issue 2, 465-516 Big Tech is on a buying spree. Companies like Apple, Google, Facebook, and Amazon are gobbling up smaller companies at an unprecedented pace. But the law of competition isn’t ready for Big...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Ariel Jurow Kleiman Volume 72, Issue 2, 517-564 The public finance literature tells us that user fees will introduce market-like efficiency to public good provision. Meanwhile, criminal justice scholars note that criminal justice fees have run amok, causing crippling...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Amy R. Motomura Volume 72, Issue 2, 565-626 This Article analyzes a conflict between innovation and the patent system: innovation is a dynamic, iterative process, but a patent reflects only a single snapshot in time. Despite extensive scholarly and judicial discussion...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Scott J. Shackelford & Scott O. Bradner Volume 72, Issue 2, 627-662 As Internet-connected devices become ubiquitous, it remains an open question whether security—or privacy—can or will scale, or whether a combination of perverse incentives, new problems, and new...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Samuel Bayer Volume 72, Issue 2, 663-686 California has long permitted dual agency representation in residential real estate transactions, and consumers have long maligned the practice as presenting an unavoidable conflict of interest. However, dual agency provides...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Thomas Davis Volume 72, Issue 2, 687-718 Late 2017 marked, perhaps, the peak of Bitcoin frenzy. A number of specious, if not outright fraudulent issuers took advantage of this craze by publicly listing their stock while touting some connection to blockchain...
