UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW
About Hastings Law Journal
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 Mentions by the Supreme Court of the United States
- Rosales-Mireles v. U.S., 138 S.Ct. 1897 (2018), citing Rebecca Hollander–Blumoff, The Psychology of Procedural Justice in the Federal Courts, from Volume 63.
- Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S.Ct. 1365 (2018), citing Adam Mossoff, Rethinking the Development of Patents: An Intellectual History, from Volume 52.
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.
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Topical Past Publications
RECENT ISSUES
Anti-GMO and Vaccine-Autism Public Policy Campaigns in the Court of Public Opinion
Robert C. Bird Volume 72, Issue 3, 719-772 Science skepticism is on the rise worldwide, and it has a pernicious influence on science and science-based public policy. This Article explores two of the most controversial science-based public policy issues: whether...
Health Care Civil Rights Under Medicare for All
Valarie K. Blake Volume 72, Issue 3, 773-826 The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a...
Contaminated Relationships in the Opioid Crisis
Elissa Philip Gentry & Benjamin J. McMichael Volume 72, Issue 3, 827-870 Unlike past public health crises, the opioid crisis arose from within the healthcare system itself. Entities within that system, particularly opioid manufacturers, may bear some liability in...
The Opioid Doctors: Is Losing Your License a Sufficient Penalty for Dealing Drugs?
Adam M. Gershowitz Volume 72, Issue 3, 871-918 Imagine that a medical board revokes a doctor’s license both because he has been peddling thousands of pills of opioids and also because he was caught with a few grams of cocaine. The doctor is a family physician, not a...
The Affordable Housing Crisis: Tiny Homes & Single-Family Zoning
Lauren Trambley Volume 72, Issue 3, 919-958 Although California was by no means an affordable state to reside in prior to 2008, Californians are still experiencing the reverberating effects of the collapse of the housing market in its present affordable housing...
America’s Unforgiving Forgiveness Program: Problems and Solutions for Public Service Loan Forgiveness
Robert Wu Volume 72, Issue 3, 959-998 In the first three years of Public Service Loan Forgiveness (PSLF), over 227,000 borrowers applied for relief. The U.S. Department of Education granted relief to less than 3800 borrowers, denying forgiveness to roughly 98% of the...
Big Tech’s Buying Spree and the Failed Ideology of Competition Law
Mark Glick, Catherine Ruetschlin, & Darren Bush Volume 72, Issue 2, 465-516 Big Tech is on a buying spree. Companies like Apple, Google, Facebook, and Amazon are gobbling up smaller companies at an unprecedented pace. But the law of competition isn’t ready for Big...
Nonmarket Criminal Justice Fees
Ariel Jurow Kleiman Volume 72, Issue 2, 517-564 The public finance literature tells us that user fees will introduce market-like efficiency to public good provision. Meanwhile, criminal justice scholars note that criminal justice fees have run amok, causing crippling...
Innovation and Own Prior Art
Amy R. Motomura Volume 72, Issue 2, 565-626 This Article analyzes a conflict between innovation and the patent system: innovation is a dynamic, iterative process, but a patent reflects only a single snapshot in time. Despite extensive scholarly and judicial discussion...
Have You Updated Your Toaster? Transatlantic Approaches to Governing the Internet of Everything
Scott J. Shackelford & Scott O. Bradner Volume 72, Issue 2, 627-662 As Internet-connected devices become ubiquitous, it remains an open question whether security—or privacy—can or will scale, or whether a combination of perverse incentives, new problems, and new...