A Word from the Executive Board
We have very much enjoyed the recent opportunity to welcome an enthusiastic class of new 2L members to the Volume 70 Team. The Production Team has been hard at work editing our first issue of the year, which is on schedule for December publication.
The Managing Team started off the year strong by welcoming fifty 2L Staff Editors to the Journal. We have also hosted a variety of successful events this year including the annual HLJ Day Orientation and Happy Hour, our yearly trip to a Giants game, and a Taco Tuesday outing where we celebrated the 2L Staff’s successful completion of issue one Tech Edits.
We are very pleased with the quality of submissions the Journal has received so far, and as a result, the article selection process is almost complete for the year. We are also happy to announce that we have selected a total of twelve student-written Notes that will be published throughout Volume 70. And, in other exciting news, one of our very own HLJ alumni recently informed us that her Note, which was published in Volume 65, was cited in a petition for a writ of cert that is currently under review by the Supreme Court!
We are now hard at work planning this year’s Fall Alumni Mixer and facilitating more fundraising efforts to improve the overall operations of the Journal. We want to express our gratitude to all alumni who have remained involved with HLJ throughout the years — the Journal would not be successful without our strong alumni network!
- Gian Gualco-Nelson – Editor-in-Chief
- Kelsey Constantin – Executive Articles Editor
- Neriah Yue – Execute Managing Editor
- Emily Tripodi – Executive Production Editor
- JB Burns – Executive Technology Editor
- Deborah Brundy – Executive Development Editor
- Andrew Klair – Executive Notes Editor
- Michael Mahoney – Executive Symposium Editor
- Leigha Beckman – Executive SCOCA Blog Editor
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Hastings Law Journal Fall Alumni Mixer
Drinks & Light Appetizers Provided
Thursday, October 18th 2018
The Skyroom at UC Hastings
100 McAllister StSan Francisco, CA 94102
If you are a person interested in, or working with, areas of debated California law, we invite you to submit a brief piece on topical California Supreme Court developments. Our publication focuses on opinion analyses, persuasive pieces such as the Balance of Judicial Independence Against Public Confidence, and articles interpreting the California Constitution.
The discussion will focus on Justice Kennedy’s impact on America law, with three panel discussions by judges, prominent scholars and former Kennedy clerks. The symposium will include presentations addressing Justice Kennedy’s impact on First Amendment doctrine and issues, Due Process rights, including LGBT rights, and the overall impact of Justice Kennedy’s judicial work on the U.S. Supreme Court as well as the U.S. Court of Appeals for the Ninth Circuit.
For more information and to RSVP, please visit our page online here.
Student Note Spotlight
Genetic Privacy in the “Big Biology” Era: The Autonomous Individual in Human Subject Research
What do the Golden State Killer, the Havasupai tribe, and Henrietta Lacks have in common? None of the individuals in this group gave informed consent for the use of their “unique data” in the particular situation to which it was put to use. Biotechnology and science in general have progressed at such a rate that the unimaginable, just decades or even years ago, is happening now in our lifetime. Unfortunately, laws evolve at a much slower rate and often it takes a radical shift to provide adequate protection for the advancements of the time. Currently, a person’s “bio-unique information,” namely their biological and genetic material and information generated from it, is neither protected as “personally identifiable information” nor “protected health information” under the patchwork of United States federal law. Therefore, our recent breakthroughs in DNA genotyping and sequencing leave individuals particularly vulnerable. This Note uses a discussion of the laws regulating human subject research, a group which the world has unanimously agreed must give informed consent, to propose a shift in privacy regulation towards a framework more equipped to handle the new challenges of genetic privacy.
I first became concerned about this issue last summer while I was an intern at the Industry Contracts Division at UCSF. While researching informed consent, I learned something that was to me very shocking: when you have a procedure or have blood drawn at the doctor’s office, it is common practice for the left-overs to be used for research. Apparently we, or a parent, gave consent somewhere in that form you sign outlining the risks of the procedure. As I began looking into this, I also learned that every state does a heel prick of newborn babies to screen for genetic abnormalities. Sometimes, these blood spots are available to researchers (unless your mother opted out of consent). The advent of new DNA technology highlights certain questions already coming mind: Are researchers being transparent about the use of our samples in a way we can understand? And are privacy laws protective enough for these new research methods that have the potential to reveal our most private and unique information?
Shannon M. Nessier, ’09
Briefly summarize your work.
I represent Hanson Bridgett’s litigation clients in individual and class action claims, largely concerning the defense of product manufacturers, suppliers, and retailers as well as premises owners in personal injury and defective product/premises litigation. I also work with my clients to handle business litigation they face, including breach of contract actions for goods and services, property damage claims, and indemnity and subrogation issues. In addition, I provide advice and litigation defense on matters involving product and food labeling claims, Organic labeling issues under COPA, and Proposition 65 claims.
Why is your work interesting and impactful?
Every case is different – and that constant newness is very exciting. It forces me to stay on my toes, never lets me get complacent, and makes me energized when I come to the office. I am also really lucky to represent some amazing clients, who don’t just make my work interesting, but fun.
In what way did being a member of HLJ help you achieve your career goals?
My time on HLJ was more fun than I had ever imagined it could be. It was important having that space to retreat from the rest of law school, think about big issues, share time with my friends on the board, and interact with some of the field’s leading scholars. My membership on HLJ, of course, opened doors, was fodder for job interviews and networking, and gave me skills I use every day – from assessing arguments to the most fundamental of all skills – rock solid blue-booking! But it was the Zen it brought me during law school that most impacted me.
What are your career goals?
I hope to build a career in election law representing progressive advocacy organizations. In our current political climate, it is imperative that advocacy organizations understand their true potential by working within our complex lobbying, election, and tax laws.
What did you do last summer?
I was a legal intern at Bolder Advocacy, an initiative of Alliance for Justice. I had a chance to work alongside amazing advocacy organizations and private foundations. The bulk of my work consisted of providing legal research on unique questions that 501(c)(3) organizations face. I worked on providing legal information on governance, formation, compliance, and overall best practices questions.
What do you like most about being on HLJ?
I weirdly enjoy note editing. I find that correcting mistakes and formatting notes is a calming exercise. Aside from this quirk that most of my fellow staff editors would disagree with, I also enjoy the exposure to a variety of articles on subjects outside those I am currently studying.
What do you like to do outside of law school?
While law school often leaves me mentally drained, I always make time in my day to exercise. I enjoy Olympic weightlifting, going for a swim, a run, or simply a yoga session. Otherwise, you will find me on my sofa binging on some new Netflix original.