News & Events
|Hastings Law Journal is preparing for its annual symposium, The Legal Dimension of 3D Printing, which will take place on Friday, February 21, 2014 at the Hastings Alumni Reception Center. The symposium will focus on the array of legal issues, new and old, posed by the wide-availability of 3D printing technology. For example, how will regulatory bodies address printable organs, medical devices, and printable aircraft? What are the implications for patent and copyright law? These issues and more will be covered throughout the day in a series of panels, and Stanford Law Professor Mark Lemley will deliver the keynote address.Click here to register.|
|The True Value of a Law Degree, or Why Did Thurgood Marshall Go to Law School?
R. Lawrence Dessem and Gregory M. Stein
There has been vigorous debate in recent months over whether a law degree is a worthwhile investment. Much of this discussion has focused on whether the economic costs of obtaining a degree pay off over a lawyer’s career. This conversation has largely overlooked the many non-economic benefits of a law degree. In this essay, we seek to re-introduce several non-economic factors back into this important dialogue. We suggest that prospective law school applicants would be wise to consider these non-economic factors in addition to economic ones.
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Current Issue – Volume 65, Issue 2
|The Implausibility of Secrecy
Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events—among them the WikiLeaks episode, the Obama administration’s infamous leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters—undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, and open sources all constitute paths out of the government’s informational clutches. As a result, permanent, long-lasting secrecy of any sort and to any degree is costly and difficult to accomplish.This Article argues that information control is an implausible goal. It critiques some of the foundational assumptions of constitutional and statutory laws that seek to regulate information flows, while complicating and countering the extensive literature on secrecy, transparency, and leaks that rest on those assumptions. By focusing on the functional issues relating to government information and broadening its study beyond the much-examined phenomenon of leaks, the Article catalogs and then illustrates the formal and informal means by which information flows out of the state in a series of case studies. These informal means play an especially important role in limiting both the ability of state actors to keep secrets and the extent to which formal legal doctrines can control the flow of government information. The same bureaucracy and legal regime that keep open government laws from creating a transparent state also keep the executive branch from creating a perfect informational dam. The Article draws several implications from this descriptive, functional argument for legal reform and for the study of administrative and constitutional law.
|Due Process and Temporal Limits on Mandatory Immigration Detention
Farrin R. Anello
|The Real Problem with Carried Interests
Heather M. Field
|The Mandatory Law Puzzle: Redefining American Exceptionalism in Corporate Law
|Antitrust, Regulation and the “New” Rules of Sports Telecasts
|Peasants Revolt: Why Congress Should Eliminate the Tax Benefits on Dead Peasant Insurance
|Reflections on Riverisland: Reconsideration of the Fraud Exception to the Parol Evidence Rule
Michelle P. LaRocca