The Formalist Resistance to Unconstitutional Constitutional Amendments

Richard Albert, Malkhaz Nakashidze, Tarik Olcay Volume 70, Issue 3, 639-70 Many courts around the world have either asserted or exercised the power to invalidate a constitutional amendment. But we should not take the increasing prevalence of the doctrine of unconstitutional constitutional amendment as evidence of its appropriateness for all...

The Armed Society and Its Friends: A Reckoning

Charles W. Collier Volume 70, Issue 3, 671-88 This Article provides a selective introduction to some of the main social, cultural, historical, and intellectual issues surrounding gun violence and the desultory policy “debates” over gun control in America. Unregulated gun violence, unrestricted gun violence, unlimited gun violence: these are the...

Disclosure as Delaware’s New Frontier

Reza Dibadj Volume 70, Issue 3, 689-716

The Power Side of the Second Amendment Question: Limited, Enumerated Powers and the Continuing Battle over the Legitimacy of the Individual Right to Arms

Nicholas J. Johnson Volume 70, Issue 3, 717-70 Roughly a decade has passed since the Supreme Court’s decision in District of Columbia v. Heller and the battle over the basic legitimacy of the right to keep and bear arms continues. A significant segment of the academy, the Bar, and the judiciary remains skeptical about the constitutional bona...

Genetic Privacy in the “Big Biology” Era: The “Autonomous” Human Subject

Marilyn Cech Volume 70, Issue 3, 851-86 What do the Golden State Killer, the Havasupai Tribe, and Henrietta Lacks have in common? None of these individuals gave informed consent for the particular research uses of their genetic material. Biotechnological advancements have made what was previously unimaginable—just decades or even years ago—a...

An “SDVCJ Fix”—Paths Forward in Tribal Domestic Violence Jurisdiction

Joshua B. Gurney Volume 70, Issue 3, 887-918 Domestic violence has riddled the indigenous communities of the United States for decades. Within this problem lies another—non-Indians perpetrate crimes of domestic violence against Indian women at disproportionately high rates. Exacerbating this issue is the complicated web of criminal jurisdiction...


Hastings Law Journal is pleased to announce our Spring Symposium: The Jurisprudence of Justice Anthony M. Kennedy

On Friday February 1, 2019, U.C. Hastings and its flagship law journal sponsored an all-day symposium on its campus in San Francisco on the Jurisprudence of Justice Kennedy.

The symposium featured a conversation with Justice Kennedy and several of his former law clerks. For more videos from the symposium, please visit our symposium webpage, here.

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

No One Owns Data

Lothar Determann - Volume 70, Issue 1, 1-44. Businesses, policy makers, and scholars are calling for property rights in data. They currently focus on the vast amounts of data generated by connected cars, industrial machines, artificial intelligence, toys and other...

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