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 devices on the Internet of Things (IoT). This data is personal to numerous parties...

Prophylactic Merger Policy

Herbert Hovenkamp - Volume 70, Issue 1, 45-74.

An Empirical Inquiry into the Use of Originalism: Fourth Amendment Jurisprudence During the Career of Justice Scalia

Lawrence Rosenthal - Volume 70, Issue 1, 75-172. There is likely no methodological question of greater importance to constitutional law than whether adjudication should be based on the original meaning of the Constitution’s text, or instead reflect an evolving understanding in light of felt experience. Little effort, however, has been made to...

Ethical Issues in Robo-Lawyering: The Need for Guidance on Developing and Using Artificial Intelligence in the Practice of Law

Drew Simshaw - Volume 70, Issue 1, 173-214. As in many other industries, artificial intelligence (“AI”) is poised to drastically transform the legal services landscape. “Bots,” automated expert systems, and predictive analytics are already changing the way consumers seek, and lawyers provide, legal services. Among other impacts, AI has the...

Locating Affordable Housing: The Legal System’s Misallocation of Subsidized Housing Incentives

Brandon M. Weiss - Volume 70, Issue 1, 215-248. The primary goal of subsidized housing policy in the United States is to increase access to affordable housing for low-income households. Yet data show that states disproportionately award low-income housing tax credits to finance the development of projects in neighborhoods where there is already a...

Policing the Police: Balancing the Right to Privacy Against the Beneficial Use of Drone Technology

Jennifer M. Bentley - Volume 70, Issue 1, 249-296. The cost of buying, operating, and maintaining manned aircraft traditionally limited the government’s ability to conduct widespread aerial surveillance. But drone technology is eroding this natural limit because they are cheaper, stealthier, and can be used as a platform for other powerful...

Harris and Whole Woman’s Health Collide: No Funding Provisions Unduly Burden Reproductive Freedom

Alisha Patton - Volume 70, Issue 1, 297-330. This Note analyzes the pro-life crusade to defund Planned Parenthood and exclude private insurance plans that cover abortions from all subsidized insurance markets, ostensibly in accordance with decades-old case law that upheld the Hyde Amendment and other laws that prohibit Medicaid and Title X family...



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 will sponsor an all-day symposium on its campus in San Francisco on the Jurisprudence of Justice Kennedy.

The symposium will feature a conversation with Justice Kennedy and several of his former law clerks.

For more information including a list of our guest speakers and topics, please view our updated press release, here.

We invite you to RSVP 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.


Consumer Privacy in a Behavioral World

Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 6, 1471-1508 On March 28, 2017, Congress killed the FCC’s attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the...

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“Innocence” and the Guilty Mind

Stephen F. Smith Volume 69, Issue 6, 1609-1672 For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or “innocent”) conduct, thereby ensuring that only offenders...

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