by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Hillel Y. Levin Volume 68, Issue 6, 1193-1242 All states require parents to inoculate their children against deadly diseases prior to enrolling them in public schools, but the vast majority of states also allow parents to opt out on religious grounds. This religious...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Michal Saliternik Volume 68, Issue 6, 1243-1290 When and how should courts protect individual reliance upon unlawful governmental acts? This question arises in various situations in all fields of public law. However, despite its pervasiveness, the problem of “bad...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Scott W. Taylor Volume 68, Issue 6, 1291-1318 The mission of the U.S. Department of Veterans Affairs (“VA”) is “[t]o care for him who shall have borne the battle, and for his widow, and his orphan” by providing services and benefits to America’s veterans. As part of...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
John Tehranian Volume 68, Issue 6, 1319-1370 For more than two centuries, the Copyright Act has eschewed the task of defining authorship. However, with the decoupling of the act of creation from the act of fixation and the dramatic advance of technology, the issue of...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Ramsi A. Woodcock Volume 68, Issue 6, 1371-1420 Antitrust law today guarantees a particular distribution of wealth between consumers and firms by promoting competition in some markets, but allowing firms to retain pricing power in other markets, such as those in which...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Angel Rzeslawski Volume 68, Issue 6, 1421-1440 Following the financial crises of 2008, the Dodd-Frank Act was signed into law to protect consumers from abusive financial services among other things. However, the Dodd-Frank Act has a non-retroactive effect on predatory...
by technology@hastingslawjournal.org | Sep 29, 2017 | Volume 68, Issue 6
Dana Sherman Volume 68, Issue 6, 1441-1460 “Civil detainees” under the Sexually Violent Predators Act include those persons who have already served their criminal sentences, but are still caged in prisons, awaiting court determination of whether or not they should be...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Adam Hofri-Winogradow Volume 68, Issue 5, 931-1006 Recent revelations on the use of fiduciary services raise concerns regarding their use for tax and creditor avoidance. Yet given the secrecy shrouding much of the fiduciary industry, we do not know which fiduciary...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Francis X. Shen Volume 68, Issue 5, 1007-1084 The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making “minority mens rea” a...
by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5
Diana Cao Volume 68, Issue 5, 1085-1110 The “sharing economy” is a term describing organized economic activity that may supplant the traditional corporate-centered model and encourages peer-to-peer transactions. It is a system of sharing underused assets or services,...