Fracking as a Test of the Demsetz Property Rights Thesis

David A. Dana & Hannah J. Wiseman Volume 71, Issue 4, 845-900 Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly shared resource becomes more valuable and sought-after, users will move to more clearly...

The Making of the Clean Air Act

Brigham Daniels, Andrew P. Follett, & Joshua Davis Volume 71, Issue 4, 901-958 The 1970 Clean Air Act is arguably Congress’ most important environmental enactment. Since it became law fifty years ago, much could be and has been said about how it has changed both the physical environment and the contours of environmental law. Much less,...

Pharmaceutical “Pay-for-Delay” Reexamined: A Dwindling Practice or a Persistent Problem?

Laura Karas, MD, MPH; Gerard F. Anderson, PhD; Robin Feldman, JD Volume 71, Issue 4, 959-974 The Supreme Court ruled in FTC v. Actavisthat a delay in generic entry may be anticompetitive when part of a patent settlement includes a large and otherwise unjustified value transfer to the generic company, termed a reverse payment patent settlement, or...

Justice Roger J. Traynor, Pragmatism, and the Current California Supreme Court

Stephen D. Sugarman Volume 71, Issue 4, 975-1018 California Supreme Court Justice Roger J Traynor entered the debated between pragmatists and formalists, siding with the former in both his scholarly writings and in his judicial opinions, especially in torts. In this Article, I explore what I have identified as the leading torts decisions of the...

Generic but Expensive: Why Prices Can Remain High for Off-Patent Drugs

Frazer A. Tessema, Aaron S. Kesselheim, Michael S. Sinha Volume 71, Issue 4, 1019-1052 Brand-name prescription drugs are sold at extremely high prices in the US because patents and other market exclusivities provided by the government allow manufacturers to exclude direct competition. This period of market exclusivity was intended for...

A Public Health Law Path for Second Amendment Jurisprudence

Michael R. Ulrich Volume 71, Issue 4, 1053-1100 The two landmark gun rights cases, District of Columbia v. Hellerand McDonald v. City of Chicago, came down in 2008 and 2010, respectively. In the decade that has followed, two things have become abundantly clear. First, these cases provide little clarity about the nature and scope of Second...

Roger Traynor, the Legal Process School, and Enterprise Liability

Edmund Ursin Volume 71, Issue 4, 1101-1052 Roger Traynor, who served on the California Supreme Court from 1940 to 1970, the last five years as Chief Justice, was one of America’s great judges. This Article compares Traynor’s view of the lawmaking role of courts with the dominant jurisprudential perspective of mainstream legal scholars at time,...


About Hastings Law Journal

Since 1949, Hastings Law Journal has published scholarly articles, essays, and student Notes on a broad range of legal topics. With close to 100 members, HLJ publishes six issues each year reaching a large domestic and international audience. One of these issues may be dedicated to our periodic symposium, which features speeches, commentaries, and panel discussions on an area of current interest and development in the law.

UC Hastings’ flagship law review has contributed to the advancement of knowledge in legal thinking and case law through scholarly articles written by experts in the legal community. An occasional issue is devoted to a law symposium. Each Journal Volume publishes in December, February, April, May, June, and August.

Recent Topics

Recent topics have included: “Cybersecurity, Fake News & Policy: Dis- and Mis- Information,” “The Legal Dimension of 3D Printing,” “From Bench to Society: Law and Ethics at the Frontier of Genomic Technology,” and “Law & Policy of the Developing Brain: Neuroscience from Womb to Death.”

Recent Mentions by the Supreme Court of the United States

Recent Mentions by the Supreme Court of California

  • Williams & Fickett v. County of Fresno, 2 Cal.5th 1258 (2017), citing Kenneth A. Ehrman, Administrative Appeal and Judicial Review of Property Tax Assessments in California-The New Look, from Volume 22.
  • People v. Jackson, 1 Cal.5th 269 (2016), citing Andrew E. Taslitz, Does the Cold Nose Know? The Unscientific Myth of the Dog Scent Lineup, from Volume 42.



The Hastings Law Journal works jointly with Berkeley Law’s California Constitution Center to produce publications focused on substantive coverage of the Supreme Court of California.  We analyze cases and issues before the court, and report news about the court itself.  The contributors include former justices of the court, academics, and advocates experienced in appellate practice before the state high court.

View the most recent posts here.


Topical Past Publications


The Making of the Clean Air Act

Brigham Daniels, Andrew P. Follett, & Joshua Davis Volume 71, Issue 4, 901-958 The 1970 Clean Air Act is arguably Congress’ most important environmental enactment. Since it became law fifty years ago, much could be and has been said about how it has changed both...

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Putting Names to Money: Closing Disclosure Loopholes

Elections create an opportunity for voters to get to know the candidates, but elections also give voters the opportunity to get to know their fellow voters. Campaigns are obligated to disclose the identity of their donors, which can make these donors’ political affiliations known to the world. Also, the identity of a donor can adversely affect the recipient’s public image and potentially, the election. These disclosure requirements arguably enable stigmatizing candidates and fellow voters for their political ideology, but this is offset by the desire to make elections transparent.

In today’s polarized society, the risk of stigma seems greater than in the past—imagine wearing a MAGA hat in San Francisco or an Alexandria Ocasio-Cortez shirt in rural Alabama—but it pales in comparison to the need for transparency in elections. After the 2016 Presidential Election, Democrats and Republicans alike claimed that nefarious actors attempted to influence the election: be it through foreign interference or election fraud. While there are some disclosure requirements that help mitigate such influence, the current requirements have several loopholes that actors use to remain anonymous.

This Note evaluates three of these disclosure loopholes: (1) the 501(c) disclosure exemption for independent expenditures; (2) the internet loophole for certain electioneering communications; and (3) the straw-donor laundering loophole. Throughout this analysis, one theme stands out: the structure of the Federal Election Commission (FEC) has crippled the agency’s ability to enforce disclosure laws. Absent unlikely assistance from Congress, the solution lies with the courts.

Recent judicial decisions portend the possibility of meaningful judicial review of FEC inactions. While questions remain about whether FEC decisions based on “prosecutorial discretion” are exempt from judicial review, the Federal Election Commission Act gives the courts authority to review FEC decisions that are contrary to law. This Note concludes by arguing that FEC enforcement decisions are not exempt and should be nullified if they are “contrary to law.”

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Dying for Equal Protection

Teri Dobbins Baxter Volume 71, Issue 3, 535-588 When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be...

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