The Unitary Executive Theory in Comparative Context

by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1

David M. Driesen Volume 72, Issue 1, 1-54 The debate over the unitary executive theory—the theory that the President should have sole control over the executive branch of government—has proven extremely parochial. Supporters of the theory argue that the original...

Corporate Technologies and the Tech Nirvana Fallacy

by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1

Luca Enriques & Dirk A. Zetzsche Volume 72, Issue 1, 55-98 This Article introduces the term Corporate Technologies (“CorpTech”) to refer to the use of distributed ledgers, smart contracts, Big Data analytics, artificial intelligence and machine learning in the...

Facilitating Money Judgment Enforcement Between Canada and the United States

by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1

James P. George Volume 72, Issue 1, 99-168 The United States has attempted for years to create a more efficient enforcement regime for foreign-country judgments, both by treaty and statute. Long negotiations succeeded in July 2019, when the Hague Conference on Private...

Corporations and the Original Meaning of “Citizens” in Article III

by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1

Mark Moller & Lawrence B. Solum Volume 72, Issue 1, 169-228 Article III confers the judicial power of the United States over controversies between “citizens” of different states. In Section 1332(c) of Title 28 of the United States Code, Congress has provided that...

From Horseback to the Moon and Back: Comparative Limits on Police Searches of Smartphones Upon Arrest

by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1

Bryce Clayton Newell & Bert-Jaap Koops Volume 72, Issue 1, 229-290 The search of a smartphone by the police in connection with an arrest carries the potential to intrude into the very core of an arrestee’s private life. Indeed, such a search has been compared to...

Unearthing the Origins of Quasi-Property Status

by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1

Alix Rogers Volume 72, Issue 1, 291-336 Under contemporary American law, human corpses and some bodily parts are classified as quasi-property. Quasi-property is an American legal conception composed of limited interests that mimic some of the functions of property,...

Beyond Implicit Bias: Litigating Race and Gender Employment Discrimination Using Data from the Workplace Experiences Survey

by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1

Joan C. Williams, Rachel M. Korn & Sky Mihaylo Volume 72, Issue 1, 337-464 This Article joins other voices in challenging what I will call the “implicit bias consensus” in employment discrimination law, first crystallized in the work of Susan Sturm and Linda...