by technology@hastingslawjournal.org | Dec 1, 2019 | Volume 71, Issue 1
Christopher S. Elmendorf Volume 71, Issue 1, 79-150 The problem of local-government barriers to housing supply is finally enjoying its moment in the sun. For decades, the states did little to remedy this problem and arguably they made it worse. But spurred by a rising...
by technology@hastingslawjournal.org | Dec 1, 2019 | Volume 71, Issue 1
Vivian E. Hamilton Volume 71, Issue 1, 151-196 The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head...
by technology@hastingslawjournal.org | Dec 1, 2019 | Volume 71, Issue 1
Zoe Jordan Volume 71, Issue 1, 197-228 Although adulthood legally begins at age eighteen, young adults between the ages of eighteen and twenty-one are distinct from the rest of the adult population. Many studies conducted over the last two decades have revealed that...
by technology@hastingslawjournal.org | Dec 1, 2019 | Volume 71, Issue 1
Luke Sanders Volume 71, Issue 1, 229-260 The Arctic ice cap is melting. As the ice recedes, shipping lanes are opening that present shorter transport routes across the top of the globe. Industry analysts predict an Arctic shipping boom in coming years. In response,...
by technology@hastingslawjournal.org | Aug 7, 2019 | Volume 70, Issue 6
Ignacio N. Cofone Volume 70, Issue 6, 1389-1444 While algorithmic decision-making has proven to be a challenge for traditional antidiscrimination law, there is an opportunity to regulate algorithms through the information that they are fed. But blocking information...
by technology@hastingslawjournal.org | Aug 7, 2019 | Volume 70, Issue 6
Rebecca Green Volume 70, Issue 6, 1445-1490 We are entering an era in which computers can manufacture highly-sophisticated images, audio, and video of people doing and saying things they have, in fact, not done or said. In the context of political campaigns, the...
by technology@hastingslawjournal.org | Aug 7, 2019 | Volume 70, Issue 6
Yafit Lev-Aretz Volume 70, Issue 6, 1491-1546 The term “data philanthropy” has been used to describe the sharing of private sector data for socially beneficial purposes, such as academic research and humanitarian aid. The recent controversy over an academic...
by technology@hastingslawjournal.org | Aug 7, 2019 | Volume 70, Issue 6
Charles W. Murdock Volume 70, Issue 6, 1547-1612 In large part due to two poorly reasoned decisions by Justice Powell in the early 1980s, Chiarella v. U. S. and Dirks v. SEC, the development of insider trading law has been constrained, enforcement has been hampered,...
by technology@hastingslawjournal.org | Aug 7, 2019 | Volume 70, Issue 6
Eleanor Barczak Volume 70, Issue 6, 1613-1638 Catholic health care systems in the United States have long limited women’s access to reproductive care. Controlled by the Ethical and Religious Directives promulgated from the Church, Catholic hospitals are prohibited...
by technology@hastingslawjournal.org | Aug 7, 2019 | Volume 70, Issue 6
Leah Selby Gray Volume 70, Issue 6, 1639-1666 The American health care system is far from ideal. Health insurance is expensive, yet often inadequate, and patients can fall into bankruptcy paying for necessary medical care. Patients often face challenges finding...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Frank J. Colucci Volume 70, Issue 5, 1141-1174 This symposium Article situates Justice Anthony M. Kennedy’s final concurring opinion in Trump v. Hawaii within his larger jurisprudence. Part I traces its separation of powers foundations by examining then-Judge...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
The Honorable Marsha Berzon Volume 70, Issue 5, 1175-1184 Full...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Ashutosh Bhagwat Volume 70, Issue 5, 1185-1192 Full...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Erwin Chemerinsky Volume 70, Issue 5, 1193-1198 Full...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Matthew Coles Volume 70, Issue 5, 1199-1206 Full...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Daniel Epps Volume 70, Issue 5, 1207-1212 Full...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Orin S. Kerr Volume 70, Issue 5, 1213-1224 Full...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Leah Litman Volume 70, Issue 5, 1225-1242 Full...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Rory K. Little Volume 70, Issue 5, 1243-1262 During his forty-three years as a federal appellate judge, Anthony M. Kennedy authored over 350 opinions in cases relevant to criminal law (although establishing a precise number using various electronic databases offers a...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Melissa Murray Volume 70, Issue 5, 1263-1272 Full...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Zachary S. Price Volume 70, Issue 5, 1273-1316 Following Justice Kennedy’s retirement and the bitter fight over Justice Kavanaugh’s confirmation, increasingly polarized views about constitutional law in general, and specific constitutional cases in particular,...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Nadine Strossen Volume 70, Issue 5, 1317-1330 Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech...
by technology@hastingslawjournal.org | May 27, 2019 | Volume 70, Issue 5
Nina Rose Gliozzo Volume 70, Issue 5, 1331-1387 This Note seeks to explore the way courts engage with claims of racial gerrymandering. The Supreme Court has described judicial oversight of redistricting as an “unwelcome obligation.” These complex cases are both highly...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Volume 70, Issue 4, 949-1140 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
David L. Faigman Volume 70, Issue 4, 949-954 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Benjamin H. Barton & Deborah L. Rhode Volume 70, Issue 4, 955-988 This Article explores controversies over bar regulation of new online technologies that help address the routine legal needs of low- and middle-income consumers. It is critical that lawyer...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Antonio Gidi Volume 70, Issue 4, 989-1044 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Neil Andrews Volume 70, Issue 4, 1045-1056 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Victor Qiu Volume 75, Issue 4, 1137-1162 By the time federal appellate courts began to examine the withdrawal of money from an ATM and the question of to whom that money belongs pursuant to the first paragraph of the Federal Bank Robbery Act (“FBRA”), 18 U.S.C....
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Edward H. Cooper Volume 70, Issue 4, 1063-1066 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Angelo Dondi Volume 70, Issue 4, 1067-1070 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
The Honorable William A. Fletcher Volume 70, Issue 4, 1071-1072 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
W. William Hodes Volume 70, Issue 4, 1073-1084 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Peter R. Jarvis Volume 70, Issue 4, 1085-1088 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Mary Kay Kane Volume 70, Issue 4, 1089-1092 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Susan P. Koniak Volume 70, Issue 4, 1093-1098 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Evan Lee Volume 70, Issue 4, 1099-1102 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
John Leubsdorf Volume 70, Issue 4, 1103-1106 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Richard Marcus Volume 70, Issue 4, 1107-1110 Hastings lost a tremendous resource when Geoff Hazard died. But he was a resource for much more than Hastings. Indeed, he was probably the most significant resource for American law, or at least those parts devoted to...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Koichi Miki Volume 70, Issue 4, 1111-1116 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
The Honorable Anthony J. Scirica Volume 70, Issue 4, 1117-1120 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Catherine T. Struve Volume 70, Issue 4, 1121-1128 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Michele Taruffo Volume 70, Issue 4, 1129-1132 Full...
by technology@hastingslawjournal.org | May 10, 2019 | Volume 70, Issue 4
Michael Traynor Volume 70, Issue 4, 1133-1140 Full...
by technology@hastingslawjournal.org | Apr 2, 2019 | Volume 70, Issue 3
Richard Albert, Malkhaz Nakashidze, Tarik Olcay Volume 70, Issue 3, 639-70 Many courts around the world have either asserted or exercised the power to invalidate a constitutional amendment. But we should not take the increasing prevalence of the doctrine of...
by technology@hastingslawjournal.org | Apr 2, 2019 | Volume 70, Issue 3
Charles W. Collier Volume 70, Issue 3, 671-88 This Article provides a selective introduction to some of the main social, cultural, historical, and intellectual issues surrounding gun violence and the desultory policy “debates” over gun control in America. Unregulated...
by technology@hastingslawjournal.org | Apr 2, 2019 | Volume 70, Issue 3
Reza Dibadj Volume 70, Issue 3, 689-716 Full...
by technology@hastingslawjournal.org | Apr 2, 2019 | Volume 70, Issue 3
Nicholas J. Johnson Volume 70, Issue 3, 717-70 Roughly a decade has passed since the Supreme Court’s decision in District of Columbia v. Heller and the battle over the basic legitimacy of the right to keep and bear arms continues. A significant segment of the academy,...
by technology@hastingslawjournal.org | Apr 2, 2019 | Volume 70, Issue 3
Adam Harris Kurland Volume 70, Issue 3, 771-850 Full...
by technology@hastingslawjournal.org | Apr 2, 2019 | Volume 70, Issue 3
Marilyn Cech Volume 70, Issue 3, 851-86 What do the Golden State Killer, the Havasupai Tribe, and Henrietta Lacks have in common? None of these individuals gave informed consent for the particular research uses of their genetic material. Biotechnological advancements...
by technology@hastingslawjournal.org | Apr 2, 2019 | Volume 70, Issue 3
Joshua B. Gurney Volume 70, Issue 3, 887-918 Domestic violence has riddled the indigenous communities of the United States for decades. Within this problem lies another—non-Indians perpetrate crimes of domestic violence against Indian women at disproportionately high...
by technology@hastingslawjournal.org | Apr 2, 2019 | Volume 70, Issue 3
Wendell Lin Volume 70, Issue 3, 919-48 In the backdrop of intense political division, San Francisco is proud to be a beacon of diversity and inclusion. But the “sanctuary city” has an appalling history of racism and continues to relegate marginalized communities with...
by technology@hastingslawjournal.org | Feb 10, 2019 | Volume 70, Issue 2
Jeffrey C. Dobbins – Volume 70, Issue 2, 331-366 Full...
by technology@hastingslawjournal.org | Feb 10, 2019 | Volume 70, Issue 2
Vanessa Casado Perez – Volume 70, Issue 2, 367-408 Parking on public streets is scarce. The current allocation system for parking spots based on the rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of...
by technology@hastingslawjournal.org | Feb 10, 2019 | Volume 70, Issue 2
Gregg Polsky – Volume 70, Issue 2, 409-454 Perhaps the most fundamental role of a business lawyer is to recommend the optimal entity choice for nascent business enterprises. Nevertheless, even in 2018, the choice-of-entity analysis remains highly muddled. Most...
by technology@hastingslawjournal.org | Feb 10, 2019 | Volume 70, Issue 2
Volume 70, Issue 2, 455-462 Full...
by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2
Jonathan Rohr and Aaron Wright – Volume 70, Issue 2, 463-524 Best known for their role in the creation of cryptocurrencies like bitcoin, blockchains are revolutionizing the way technology entrepreneurs finance their business enterprises. In 2017 alone, tech...
by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2
Tseming Yang – Volume 70, Issue 2, 525-572 More than half a century ago, Rudolf Schlesinger announced a global survey of legal principles in the pages of the American Journal of International Law. The project’s objective was the identification of a “common core”...
by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2
Mike Chow – Volume 70, Issue 2, 573-594 In Universal Health Services, Inc. v. United States ex rel. Escobar, the United States Supreme Court resolved a longstanding circuit split by holding that implied false certifications—transactions involving a failure to...
by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2
Holly Jones – Volume 70, Issue 2, 595-620 Are babies commodities? Are they a proper subject of contract law? Many states say no, holding surrogacy contracts void as against public policy. Others, however, enforce surrogacy contracts. In the rare instances when...