Institutional Choice for Software Safety Standards

by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5

Bryan H. Choi Volume 73, Issue 5, 1461-1480 The pursuit of software safety standards has stalled. In response, commentators and policymakers have looked increasingly to federal agencies to deliver new hope. Some place their faith in existing agencies while others...

Regulating Social Media in the Free-Speech Ecosystem

by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5

Anuj C. Desai Volume 73, Issue 5, 1481-1510 Social media is just one part of the broader free-speech ecosystem. Social media regulation thus only regulates one part of that ecosystem. To evaluate social media regulation thus requires an understanding of the role...

The GDPR as Privacy Pretext and the Problem of Co-Opting Privacy

by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5

Neil Richards Volume 73, Issue 5, 1511-1538 Privacy and data protection law’s expansion brings with it opportunities for mischief as privacy rules are used pretextually to serve other ends. This Essay examines the problem of such co-option of privacy using a case...

A Parallel Infodemic: Multifaceted Approaches to Online Public Health Mis- and Disinformation During the COVID-19 Pandemic

by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5

Erin Hutchins Volume 73, Issue 5, 1539-1562 During the COVID-19 pandemic, communities congregated in online spaces more than ever before. While some people found solidarity online, many others found snippets of false information regarding COVID-19’s origin,...

It’s Time for California to Enact Employment Protections for Medical Cannabis Patients

by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5

Kevin Murphy Volume 73, Issue 5, 1563-1592 California law allows an employer to refuse to hire an applicant or discharge an employee for consuming medical cannabis in order to treat a serious medical condition, even if an individual consumes cannabis at home during...

From Schoolhouse Gate to Locker Room Door: The Student Athlete’s Constitutional Right to Protest at a Public University Does Not Stop at the Hardwood

by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5

Katharine Waters Volume 73, Issue 5, 1593-1620 The Supreme Court has not faced a case involving the public university student athlete’s right to protest during game day events, such as during the pre-game warm up, the national anthem, and game play itself. Protests...