Volume 67

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...

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....

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...

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...

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,...

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...

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...

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 Article

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....

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...