Uncooperative Environmental Federalism 2.0

Jonathan H. Adler Volume 71, Issue 5, 1101-1126 As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps...

How Much Procedure Is Needed for Agencies to Change “Novel” Regulatory Policies?

Ming Hsu Chen Volume 71, Issue 5, 1127-1142 The use of guidance documents in administrative law has long been controversial and considered to be one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make policy, it need not provide notice to the public or allow comment on the new rule;...

Exceptional Circumstances: Immigration, Imports, the Coronavirus, and Climate Change as Emergencies

Daniel A. Farber Volume 71, Issue 5, 1143-1176 President Trump has used emergency powers to achieve key parts of his policy agenda, exemplified by his travel ban, funding for the border wall, and tariffs on many imports. He has also declared the 2020 coronavirus pandemic a national emergency, but has taken relatively little action under this...

Statutory Purpose in the Rollback Wars

Alice Kaswan Volume 71, Issue 5, 1177-1206 The Trump Administration has been rolling back environmental and other regulations at a rapid rate. Each time, they are called upon to interpret their authorizing statutes. As they reverse previous administrations’ regulations, how do their new interpretations address the statutes’ fundamental...

Sticky Regulations and Net Neutrality Restoring Internet Freedom

Aaron L. Nielson Volume 71, Issue 5, 1207-1224 Stable law is valuable, yet also remarkably lacking in our nation’s internet policy. Over the last two decades, the Federal Communications Commission (FCC) has charted a zigzagging course between heavier and lighter regulation. Last year, the U.S. Court of Appeals for the District of Columbia Circuit...

Operationalizing Internal Administrative Law

Christopher J. Walker & Rebecca Turnbull Volume 71, Issue 5, 1225-1248 As part of the Hastings Law Journal’s Administrative Law in the Age of Trump Symposium, this Essay argues that administrative law should stop fixating on federal courts. While court-centric external administrative law serves an important role in administrative practice, it...

Power Lines: Climate Change and the Politics of Undergrounding

Deborah Brundy Volume 71, Issue 5, 1249-1282 After years of enduring devastating loss of property and life, toxic air quality and intermittent power shutoffs, the public is primed for dramatic change to ensure a safe and resilient power grid. To achieve this, Californians are demanding that utilities bury the wires. As the court in Town of...
HASTINGS LAW JOURNAL

UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW

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

  • De La Torre v. CashCall, Inc., 5 Cal 5th 966 (2018), citing Harry G. Prince, Unconscionability in California: A Need for Restraint and Consistency, from Volume 46.
  • Chen v. Los Angeles Truck Centers, LLC, 7 Cal. 5th 862 (2019), citing Gregory E. Smith, Choice of Law in the United States, from Volume 38. 
  • City of Oroville v. Superior Court, 7 Cal. 5th 1091 (2019), citing Arvo Van Alstyne, Inverse Condemnation: Unintended Physical Damage, from Volume 20.

 

SCOCAblog

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.

RECENT ISSUES

Statutory Purpose in the Rollback Wars

Alice Kaswan Volume 71, Issue 5, 1177-1206 The Trump Administration has been rolling back environmental and other regulations at a rapid rate. Each time, they are called upon to interpret their authorizing statutes. As they reverse previous administrations’...

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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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