by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Stacy Brustin and Lisa Martin Volume 67, Issue 5, 1265-98 Parents in family court overwhelmingly proceed pro se; however, in child support courtrooms, government attorneys representing the state child support agency frequently play a pivotal role. These attorneys...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Elizabeth L. MacDowell Volume 67, Issue 5, 1299-330 This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Ben Barton Volume 67, Issue 5, 1331-66 America’s access to justice woes are paradoxical. We have more lawyers than every country except India and more lawyers per capita than every country except for Israel. We spend more on law as an absolute amount or as a...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Colleen F. Shanahan, Anna E. Carpenter, and Alyx Mark Volume 67, Issue 5, 1367-88 Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low-...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Marsha M. Mansfield Volume 67, Issue 5, 1389-426 As thousands of litigants access our court systems without lawyers, the debate whether these litigants receive procedural and substantive justice has intensified. Nationwide, eighty percent of those accessing the court...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Mary Spector and Ann Baddour Volume 67, Issue 5, 1427-67 As many as forty-four percent of Texans with credit files have nonmortgage debt in collection; this is more than ten percent above the national average. The Authors provide a snapshot of collection practices...
by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5
Rebecca L. Sandefur and Thomas M. Clarke Volume 67, Issue 5, 1467-92 Most of the civil justice problems Americans experience never receive service from an attorney. Indeed, daily around the country, thousands of people arrive at court not only without a lawyer to...
by technology@hastingslawjournal.org | May 7, 2016 | Volume 67, Issue 4
Kate E. Bloch and Jeffrey Gould Volume 67, Issue 4, 913-56 Insanity law in the United States embodies a convoluted collection of often ill-defined standards. The wrongfulness test, which is used in most U.S. jurisdictions, requires a determination of whether the...
by technology@hastingslawjournal.org | May 7, 2016 | Volume 67, Issue 4
Netta Barak-Corren Volume 67, Issue 4, 957-1022 What role should the behavioral reality of conflicts regarding gender, sexuality, and religious convictions play in the theory and doctrine of antidiscrimination law? Although the past several decades have seen...
by technology@hastingslawjournal.org | May 7, 2016 | Volume 67, Issue 4
Sarah Sherman-Stokes Volume 67, Issue 4, 1023-66 In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency...
by technology@hastingslawjournal.org | May 7, 2016 | Volume 67, Issue 4
Teneille R. Brown, James Tabery, and Lisa G. Aspinwall Volume 67, Issue 4, 1067-86 What makes a study valid or invalid? In 2013, the Hastings Law Journal published a law review article by law professor Deborah Denno entitled What Real-World Cases Tell Us About Genetic...
by technology@hastingslawjournal.org | May 7, 2016 | Volume 67, Issue 4
Taryn Jones Volume 67, Issue 4, 1087-118 In Williams v. Illinois, the division of the U.S. Supreme Court created substantial confusion as to the proper application of the Confrontation Clause to forensic witnesses. In the decision, the Court affirmed the conviction of...
by technology@hastingslawjournal.org | May 7, 2016 | Volume 67, Issue 4
Michael J. Montgomery Volume 67, Issue 4, 1119-52 The U.S. health care system is expensive, fragmented, poorly organized, and fails too often to deliver high quality care that is both accessible and cost efficient. In 2014, Americans spent an estimated $3.1 trillion...
by technology@hastingslawjournal.org | May 7, 2016 | Volume 67, Issue 4
Sarah M. Winfield Volume 67, Issue 4, 1153-80 After over a decade of advocacy on behalf of women fleeing their home countries because of horrific domestic violence, practitioners and legal scholars obtained a precedential legal victory in August 2014. In In re...
by technology@hastingslawjournal.org | Mar 22, 2016 | Volume 67, Issue 3
Ryan B. Stoa Volume 67, Issue 3, 565-622 Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington, D.C....
by technology@hastingslawjournal.org | Mar 22, 2016 | Volume 67, Issue 3
Josh Blackman Volume 67, Issue 3, 623-86 The story of our Constitution is a tale of two liberties: individual freedom and collective freedom. The inherent tension between these two is well known. Judicial protection of individual liberty inhibits the collective from...
by technology@hastingslawjournal.org | Mar 22, 2016 | Volume 67, Issue 3
Eliav Lieblich Volume 67, Issue 3, 687-748 In 1945, the United Nations Charter famously set out “to save succeeding generations from the scourge of war.” Having in mind traditional interstate wars, the Charter’s Article 2(4) outlawed, for the first time, interstate...
by technology@hastingslawjournal.org | Mar 22, 2016 | Volume 67, Issue 3
Evelyn Keyes Volume 67, Issue 3, 749-806 With the epigram, “The fox knows many things, but the hedgehog knows one great thing,” Ronald Dworkin, America’s foremost contemporary legal philosopher, summarized his lifelong quest for the objectively true laws necessary to...
by technology@hastingslawjournal.org | Mar 22, 2016 | Volume 67, Issue 3
Laura Lee Gildengorin Volume 67, Issue 3, 807-48 In 2011, two-thirds of murdered women died at the hands of a current or former intimate partner who used a firearm. Thus, it is imperative to remove guns from the control of domestic violence offenders. With increased...
by technology@hastingslawjournal.org | Mar 22, 2016 | Volume 67, Issue 3
Samantha Nolan Volume 67, Issue 3, 849-80 Large technology corporations are purchasing smaller companies at an increasing rate with one goal in mind—engineers. This practice has recently been given its own name—acqui-hiring. The buying corporation purchases the...
by technology@hastingslawjournal.org | Mar 22, 2016 | Volume 67, Issue 3
Nicole Wredberg Volume 67, Issue 3, 881-912 The National Labor Relations Act (“NRLA”) was born out of the industrial strife of the Great Depression and provides for employee collective rights in order to prevent the potentially devastating economic consequences of an...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Anne D. Gordon Volume 67, Issue 2, 323-66 Plaintiffs’ victory in Vergara v. State, a case about teacher evaluation and employment regulations, has thrust the issue of educational adequacy into the spotlight in California. Campaign for Quality Education v. State, a...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Harold J. Krent and Scott Morris Volume 67, Issue 2, 367-406 This study of federal court decisionmaking asks whether characteristics of a jurist including age, race, gender, and work experience, can affect results in the context of the nation’s most frequently...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Seana Valentine Shiffrin Volume 67, Issue 2, 407-42 This Article considers the growing trend to enforce liquidated damages agreements or what I think are more felicitously called “remedial clauses.” I criticize this trend on the grounds that a permissive approach to...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Olivier Sylvain Volume 67, Issue 2, 443-98 One of the clear goals of the federal Communications Act is to ensure that all Americans have reasonably comparable access to the Internet without respect to whom or where they are. Yet the main focus of policymakers and...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Regina Durr Volume 67, Issue 2, 499-530 The purpose of this Note is to show how force majeure can excuse Japan from its reduced CO2 emissions target due under the Kyoto Protocol. The Kyoto Protocol is the first and only binding international agreement to reduce CO2...
by technology@hastingslawjournal.org | Feb 9, 2016 | Volume 67, Issue 2
Lesley Rae Hamilton Volume 67, Issue 2, 531-64 On May 20, 2014 the House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). The SAVE Act would have amended the federal criminal code to prohibit “advertising commercial sex...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Lesley Rae Hamilton Volume 67, Issue 1 It is a dynamic time for the legal profession. Law firms, big and small, are innovating the way they run their businesses and deliver their services, resulting in positive changes for both clients and attorneys. On the one hand,...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Joan C. Williams, Aaron Platt, and Jessica Lee Volume 67, Issue 1, 1-84 For decades, lawyers have been complaining that they hate working at law firms, and clients have expressed increasing frustration with high legal fees. But complaining is as far as either group...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Erin C. Fuse Brown Volume 67, Issue 1, 85-142 Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Victoria Schwartz Volume 67, Issue 1, 143-94 When a photographer takes unauthorized aerial photographs of a company’s plant, the legal framework under which courts evaluate the case, as well as its likely outcome, depends on whether the photographer was hired by a...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Kevin Lapp Volume 67, Issue 1, 195-258 Technological advances in recent decades have enabled an unprecedented level of surveillance by the government and permitted law enforcement to gather, store, and retrieve in real time enormous amounts of data. After nearly a...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Traci Aoki Volume 67, Issue 1, 259-92 Reverse payments are payments that are made as a component of a patent infringement settlement, between a brand-name pharmaceutical company to a competitor who is attempting to market a generic version of the patented brand-name...
by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1
Monder Khoury Volume 67, Issue 1, 293-322 In Anderson v. Evans, the Ninth Circuit held that the International Whaling Commission (“IWC”) Schedule’s approval of a quota to hunt whales for the Native American Makah Tribe (“Makahs”) violated the Marine Mammal Protection...
by technology@hastingslawjournal.org | May 28, 2015 | Online Notes
Matthew Lee Volume 66 Online, 1-22 Celebrities faced with overly aggressive, and often dangerous, paparazzi behavior are left with only the Anti-Paparazzi Act as legal recourse in California. Although the public may accept such limited legal recourse due to the nature...
