by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2
Khaled A. Beydoun Volume 69, Issue 2, 429-497 The United States Department of State has long employed a sectarian foreign policy strategy to advance its interests in the Mideast. The United States has sided staunchly with Saudi Arabia, the Sunni Muslim superpower in...
by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2
John D. Leshy Volume 69, Issue 2, 499-582 Arguments are sometimes made most recently in a paper commissioned by the State of Utah, and by a lawyer for a defendant facing charges for the armed takeover of a National Wildlife Refuge in Oregon in 2016that U.S. public...
by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2
Lydia Nussbaum Volume 69, Issue 2, 583-646 Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for...
by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2
George A. Croton Volume 69, Issue 2, 647-674 This Note considers whether a federal agency that grants a license, lease, or permit to a wind farm developer can thereafter be held vicariously liable for the developer’s violations of the Migratory Bird Treaty Act’s...
by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2
Joseph Dimont Volume 69, Issue 2, 675-700 Digital music streaming services, like Spotify, Apple Music, and Tidal, currently distribute royalties based on a per-stream model, known as service-centric licensing, while at the same time receive income through subscription...
by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2
Benjamin C. West Volume 69, Issue 2, 701-720 In the consumer data breach context, courts have seemingly limited a plaintiff’s ability to bring suit by applying the standing doctrine’s injury-in-fact requirement too rigidly. This is unacceptable, as the law of standing...
by technology@hastingslawjournal.org | Dec 22, 2017 | Volume 69, Issue 1
David Blankfein-Tabachnick & Kevin A. Kordana Volume 69, Issue 1, 1-44 This Article rejects a central claim of taxation and private law theory, namely, Kaplow and Shavell’s prominent thesis that egalitarian social goals are most efficiently achieved through...
by technology@hastingslawjournal.org | Dec 22, 2017 | Volume 69, Issue 1
Court E. Golumbic Volume 69, Issue 1, 45-94 Financial sector compliance officers have been referred to by prominent law enforcement and regulatory officials as “essential partners” in ensuring compliance with relevant laws and regulations. Yet a series of recent...
by technology@hastingslawjournal.org | Dec 22, 2017 | Volume 69, Issue 1
Anthony Michael Kreis Volume 69, Issue 1, 95-118 In a majority of states, it remains legal to deny people housing, employment, or services because of their sexual orientation or gender identity. The LGBT community has taken great strides to push back against the harms...
by technology@hastingslawjournal.org | Dec 22, 2017 | Volume 69, Issue 1
Judith L. Maute Volume 69, Issue 1, 119-178 Quake Construction v. American Airlines, Inc. is featured in some prominent American casebooks on contract formation or precontractual liability, where scholars and authorities debate when liability should properly attach....
by technology@hastingslawjournal.org | Dec 22, 2017 | Volume 69, Issue 1
Lois A. Weithorn Volume 69, Issue 1, 179-274 The Unites States Supreme Court identified “the peculiar vulnerability of children” as one of the “three reasons” for differentiating the treatment of children under the Constitution from that of adults. Yet, although...
by technology@hastingslawjournal.org | Dec 22, 2017 | Volume 69, Issue 1
W. Bradley Wendel Volume 69, Issue 1, 275-352 The words and actions of candidate, President-Elect, and now President Donald Trump indicate that this administration will aggressively seek to use state power with little regard for the rule of law. A great deal has been...
by technology@hastingslawjournal.org | Dec 22, 2017 | Volume 69, Issue 1
Mitchell R. VanLandingham Volume 69, Issue 1, 353-386 This Note addresses whether the president may take action on immigration as an exercise of foreign affairs power. In particular, it focuses on DACA and DAPA, two Obama-era policies of deferred action for certain...
by technology@hastingslawjournal.org | Dec 22, 2017 | Volume 69, Issue 1
Jessica Wilson Volume 69, Issue 1, 387-429 Politicians and scholars have discussed reforming the corporate tax system for many years, especially with the emergence of certain tax avoidance practices like inversion and earnings stripping. While debate in this area has...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Hillel Y. Levin Volume 68, Issue 6, 1193-1242 All states require parents to inoculate their children against deadly diseases prior to enrolling them in public schools, but the vast majority of states also allow parents to opt out on religious grounds. This religious...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Michal Saliternik Volume 68, Issue 6, 1243-1290 When and how should courts protect individual reliance upon unlawful governmental acts? This question arises in various situations in all fields of public law. However, despite its pervasiveness, the problem of “bad...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Scott W. Taylor Volume 68, Issue 6, 1291-1318 The mission of the U.S. Department of Veterans Affairs (“VA”) is “[t]o care for him who shall have borne the battle, and for his widow, and his orphan” by providing services and benefits to America’s veterans. As part of...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
John Tehranian Volume 68, Issue 6, 1319-1370 For more than two centuries, the Copyright Act has eschewed the task of defining authorship. However, with the decoupling of the act of creation from the act of fixation and the dramatic advance of technology, the issue of...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Ramsi A. Woodcock Volume 68, Issue 6, 1371-1420 Antitrust law today guarantees a particular distribution of wealth between consumers and firms by promoting competition in some markets, but allowing firms to retain pricing power in other markets, such as those in which...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Angel Rzeslawski Volume 68, Issue 6, 1421-1440 Following the financial crises of 2008, the Dodd-Frank Act was signed into law to protect consumers from abusive financial services among other things. However, the Dodd-Frank Act has a non-retroactive effect on predatory...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Dana Sherman Volume 68, Issue 6, 1441-1460 “Civil detainees” under the Sexually Violent Predators Act include those persons who have already served their criminal sentences, but are still caged in prisons, awaiting court determination of whether or not they should be...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Adam Hofri-Winogradow Volume 68, Issue 5, 931-1006 Recent revelations on the use of fiduciary services raise concerns regarding their use for tax and creditor avoidance. Yet given the secrecy shrouding much of the fiduciary industry, we do not know which fiduciary...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Francis X. Shen Volume 68, Issue 5, 1007-1084 The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making “minority mens rea” a...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Diana Cao Volume 68, Issue 5, 1085-1110 The “sharing economy” is a term describing organized economic activity that may supplant the traditional corporate-centered model and encourages peer-to-peer transactions. It is a system of sharing underused assets or services,...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Alyssa Coley Volume 68, Issue 5, 1111-1134 Whether operating globally or simply integrating services on the Internet, many business functions inevitably subject companies to a web of complicated international regulatory and legal requirements. For example, collecting...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Michelle Freeman Volume 68, Issue 5, 1135-1168 Under the law, “dignity” is a principle that is often invoked, but ill-defined. The most recent and prominent example of this was the U.S. Supreme Court’s decision in Obergefell v. Hodges. There, the Court created a right...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Conrad Postel Volume 68, Issue 5, 1169-1192 Some of the most watched user-created videos on the Internet are recordings of individuals playing video games. These are commonly referred to as “Let’s Play” videos. The revenue that these videos can generate on YouTube and...
by technology@hastingslawjournal.org | Jun 8, 2017 | Volume 68, Issue 4
David A. Carrillo Volume 68, Issue 4, 731-776 In 1911, the California Constitution was amended to divide the state’s legislative power by reserving to the electorate the powers of initiative, referendum, and recall. Most of the thinking to date on popular sovereignty...
by technology@hastingslawjournal.org | Jun 8, 2017 | Volume 68, Issue 4
Sharona Hoffman Volume 68, Issue 4, 777-794 While big data offers society many potential benefits, it also comes with serious risks. This Article focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that...
by technology@hastingslawjournal.org | Jun 8, 2017 | Volume 68, Issue 4
Nicholas Mignanelli Volume 68, Issue 4, 795-816 Professor Calvin R. Massey served on the faculty of the University of California, Hastings College of the Law from 1987 until 2012. From 2012 until his death in 2015, he served as the inaugural Daniel Webster...
by technology@hastingslawjournal.org | Jun 8, 2017 | Volume 68, Issue 4
Malinda L. Seymore Volume 68, Issue 4, 817-868 Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp...
by technology@hastingslawjournal.org | Jun 8, 2017 | Volume 68, Issue 4
Amy Leah Holtz Volume 68, Issue 4, 869-908 The era of technology has provided a proliferation of new scientific and technological methods designed to assist individuals and couples to successfully conceive children when they otherwise would not be able to:...
by technology@hastingslawjournal.org | Jun 8, 2017 | Volume 68, Issue 4
Victoria Vlahoyiannis Volume 68, Issue 4, 909-930 California is one of the largest economies in the world. It is home to many of the most successful companies in all sectors, especially health and technology. In recent years arbitration agreements, which have already...
by technology@hastingslawjournal.org | Apr 13, 2017 | Volume 68, Issue 3
Elisabeth de Fontenay Volume 68, Issue 3, 445-502 From its inception, the federal securities law regime created and enforced a major divide between public and private capital raising. Firms that chose to “go public” took on substantial disclosure burdens, but in...
by technology@hastingslawjournal.org | Apr 13, 2017 | Volume 68, Issue 3
Ji Li Volume 68, Issue 3, 503-540 Foreign direct investment (“FDI”) from emerging economies generally exhibits two distinct characteristics: (1) most of the investors thrive in poor regulatory environments, and (2) the visible hand of the state exerts a powerful...
by technology@hastingslawjournal.org | Apr 13, 2017 | Volume 68, Issue 3
Odette Lienau Volume 68, Issue 3, 541-608 Standing in the background of the global legal order are a range of what might be called “market principles” or “market givens”collective presentations or beliefs about how markets workwhich are treated as objective...
by technology@hastingslawjournal.org | Apr 13, 2017 | Volume 68, Issue 3
Jaya Ramji-Nogales Volume 68, Issue 3, 609-656 Migration emergencies are a commonplace feature in contemporary headlines. Pundits offer a variety of causes provoking these emergencies. Some highlight the deadly risks of these journeys for the migrants. Many more...
by technology@hastingslawjournal.org | Apr 13, 2017 | Volume 68, Issue 3
Steve Sanders Volume 68, Issue 3, 657-710 To survive rational basis scrutiny under the Equal Protection Clause, a law must serve a governmental purpose which is at least legitimate. It is well established that legitimate purposes can sometimes be found through...
by technology@hastingslawjournal.org | Apr 13, 2017 | Volume 68, Issue 3
Alyssa Yoshida Volume 68, Issue 3, 711-730 With the help of modern technology, people today have more flexibility than ever before in the realm of family planning and conceiving children. An increasing amount of couples are opting to go through in vitro fertilization...
by technology@hastingslawjournal.org | Feb 10, 2017 | Volume 68, Issue 2
Eric R. Carpenter Volume 68, Issue 2, 225-258 Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the...
by technology@hastingslawjournal.org | Feb 10, 2017 | Volume 68, Issue 2
Jared A. Goldstein Volume 68, Issue 2, 259-308 Movements dedicated to making the United States a “Christian nation” have been a recurrent feature in American politics for more than 150 years. Over that time, however, the relationship between Christian nationalism and...
by technology@hastingslawjournal.org | Feb 10, 2017 | Volume 68, Issue 2
Janine S. Hiller and Jordan M. Blanke Volume 68, Issue 2, 309-56 Smart Cities are designed to ubiquitously collect information about people, places, and activities and to use that data to provide more efficient services and to build resilience against disasters....
by technology@hastingslawjournal.org | Feb 10, 2017 | Volume 68, Issue 2
Deepa Varadarajan Volume 68, Issue 2, 357-96 To obtain trade secret protection, a firm must take reasonable secrecy precautions (“RSP”) to guard the confidentiality of claimed information. The RSP requirement has long puzzled courts and scholars. In other areas of...
by technology@hastingslawjournal.org | Feb 10, 2017 | Volume 68, Issue 2
M. Jake Feaver Volume 68, Issue 2, 397-418 The internet brought plentiful opportunities for sharing content between individuals. However, along with those opportunities, the potential for abuse and intellectual property infringement increased steadily. When Congress...
by technology@hastingslawjournal.org | Feb 10, 2017 | Volume 68, Issue 2
Isabella Langone Volume 68, Issue 2, 419-44 When the marine mammal entertainment industry emerged in the 1960s, companies like SeaWorld captured orcas and dolphins from the wild and put the animals on display to bring joy and entertainment to the masses. In 1972,...
by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1
Megan M. Carpenter Volume 68, Issue 1, 1-44 Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the...
by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1
Lyle D. Kossis Volume 68, Issue 1, 45-96 The Constitution gives Congress the power to “define and punish . . . Offences against the Law of Nations.” Congress has used this power to enact various criminal statutes that proscribe certain violations of international law....
by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1
Yaron Nili Volume 68, Issue 1, 97-158 Director independence is a cornerstone of modern corporate governance. Regulators, scholars, companies, and shareholders have all placed a strong emphasis on director independence as a means to ensure that investors’ interests in...
by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1
Tracy Hresko Pearl Volume 68, Issue 1, 159-202 Crowd-related injuries and deaths occur with surprising frequency in the United States. In recent years, crowd members in the United States have sustained significant injuries and even fatalities at concerts, sporting...
by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1
Eric Young Volume 68, Issue 1, 203-24 Patents, by their very nature, are a type of monopoly, and are so important to our country’s intellectual and technological advancement that the Founding Fathers granted Congress the power “to promote the progress of science and...
by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6
Mark Edwin Burge Volume 67, Issue 6, 1493-550 As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve....
by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6
Myanna Dellinger Volume 67, Issue 6, 1551-620 “Extreme” weather has become the new normal. Previously considered to be inexplicable and unpredictable “acts of God,” such weather can no longer reasonably be said to be so. They are acts of man. The current doctrine of...
by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6
Rebecca L. Haffajee Volume 67, Issue 6, 1621-94 he United States is in the midst of a prescription opioid overdose and misuse epidemic. Although many factors have contributed to the escalation of prescription painkiller misuse, it parallels increases in the supply and...
by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6
David Keenan Volume 67, Issue 6, 1695-732 In recent years, Article III courts have become the preferred venue for the U.S. government to try terrorism suspects captured abroad. Many liberals have welcomed this development, characterizing it as a proper extension of...
by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6
Jennifer Hom Chen Volume 67, Issue 6, 1733-68 Since the passage of the Charter Schools Act of 1992, charter schools have been hailed for achieving better results for students compared to traditional public schools in California. In particular, charter schools are...
by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6
Elizabeth Lee Volume 67, Issue 6, 1769-804 Under Title VII of the Civil Rights Act of 1964, an employer can be held liable for harassment or discrimination by a supervisor. In 2013, in Vance v. Ball State University, the Supreme Court narrowed the definition of...
by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6
Anna Zaret Volume 67, Issue 6, 1805-40 In April 2015, scientists used a new genetic engineering tool known as CRISPR to edit the genes of a human embryo for the first time. CRISPR has made gene editing cheaper, more efficient, and more accurate than ever before. These...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Advancing Equal Access to Justice: Barriers, Dilemmas, and Prospects Hon. Tani G. Cantil-Sakauye Volume 67, Issue 5, 1181-90 Keynote Address: University of California Hastings College of the Law, November 12, 2015 Full...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Gillian K. Hadfield and Deborah L. Rhode Volume 67, Issue 5, 1191-224 Scholars and critics have for decades advocated change in the professional regulation of legal services markets in order to solve the ever-widening gap in access to justice. One of the central...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Earl Johnson Jr. Volume 67, Issue 5, 1225-64 Contrary to its public rhetoric promising “justice for all” and “equal justice under law,” access to civil justice in the United States is “exceptional” only in a negative sense. The Rule of Law Index ranks our nation next...
