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 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
- 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.
SCOCAblog
View the most recent posts here.
Topical Past Publications
RECENT ISSUES
The Unitary Executive Theory in Comparative Context
David M. Driesen Volume 72, Issue 1, 1-54 The debate over the unitary executive theory—the theory that the President should have sole control over the executive branch of government—has proven extremely parochial. Supporters of the theory argue that the original...
Corporate Technologies and the Tech Nirvana Fallacy
Luca Enriques & Dirk A. Zetzsche Volume 72, Issue 1, 55-98 This Article introduces the term Corporate Technologies (“CorpTech”) to refer to the use of distributed ledgers, smart contracts, Big Data analytics, artificial intelligence and machine learning in the...
Facilitating Money Judgment Enforcement Between Canada and the United States
James P. George Volume 72, Issue 1, 99-168 The United States has attempted for years to create a more efficient enforcement regime for foreign-country judgments, both by treaty and statute. Long negotiations succeeded in July 2019, when the Hague Conference on Private...
Corporations and the Original Meaning of “Citizens” in Article III
Mark Moller & Lawrence B. Solum Volume 72, Issue 1, 169-228 Article III confers the judicial power of the United States over controversies between “citizens” of different states. In Section 1332(c) of Title 28 of the United States Code, Congress has provided that...
From Horseback to the Moon and Back: Comparative Limits on Police Searches of Smartphones Upon Arrest
Bryce Clayton Newell & Bert-Jaap Koops Volume 72, Issue 1, 229-290 The search of a smartphone by the police in connection with an arrest carries the potential to intrude into the very core of an arrestee’s private life. Indeed, such a search has been compared to...
Unearthing the Origins of Quasi-Property Status
Alix Rogers Volume 72, Issue 1, 291-336 Under contemporary American law, human corpses and some bodily parts are classified as quasi-property. Quasi-property is an American legal conception composed of limited interests that mimic some of the functions of property,...
Beyond Implicit Bias: Litigating Race and Gender Employment Discrimination Using Data from the Workplace Experiences Survey
Joan C. Williams, Rachel M. Korn & Sky Mihaylo Volume 72, Issue 1, 337-464 This Article joins other voices in challenging what I will call the “implicit bias consensus” in employment discrimination law, first crystallized in the work of Susan Sturm and Linda...
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...
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...
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...