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
Electronic Form Over Substance: eSignature Laws Need Upgrades
Lothar Determann Volume 72, Issue 5, 1385-1452 Most professionals favor substance over form. Yet, with respect to form itself, more and more favor electronic form over substantive media and signatures. Companies, consumers, and governments increasingly use electronic...
Race and Equity in the Age of Unicorns
Lynnise E. Phillips Pantin Volume 72, Issue 5, 1453-1510 This Article critically examines startup culture and its legal predicates. The Article analyzes innovation culture as a whole and uses the downfall of Theranos to illustrate the deficiencies in Silicon Valley...
Hedonic-Loss Damages That Optimally Deter: An Alternative to “Value of a Statistical Life” That Focuses on Both Decedent and Tortfeasor
Michael Pressman Volume 72, Issue 5, 1511-1572 Plaintiffs in wrongful-death suits typically are unable to recover for the decedent’s “hedonic loss”—the loss of happiness (or wellbeing) incurred as a result of the lost life-years themselves. Although this omission...
The DOJ’s Role in the Franchise No-Poach Problem
Molly Edgar Volume 72, Issue 5, 1573-1604 In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued a joint policy statement which notified human resource professionals of antitrust issues that may arise in the context of employee...
The Legal Value of Fiscal Sponsorship: A Proposal of New Law
Emma Geering Volume 72, Issue 5, 1605-1636 With social conscientiousness as a core value, American society has utilized nonprofit organizations to motivate social change. But as resources are finite and expertise in the complex legal, operational, and organizational...
Commercial Law Intersections
Giuliano G. Castellano & Andrea Tosato Volume 72, Issue 4, 999-1054 Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of such...
Damages for Noneconomic Harm in Intellectual Property Law
Thomas F. Cotter Volume 72, Issue 4, 1055-1120 This Article provides a comprehensive analysis of awards of “noneconomic” damages for reputational and emotional harm in intellectual property (IP) law, including trademarks, copyright and moral rights, the right of...
Transplanting Fair Use Across the Globe: A Case Study Testing the Credibility of U.S. Opposition
Niva Elkin-Koren & Neil Weinstock Netanel Volume 72, Issue 4, 1121-1182 The fair use privilege of United States copyright law long stood virtually alone among national copyright laws in providing a flexible, open-ended copyright exception. Most countries’...
Noncompetes and Other Post-Employment Restraints on Competition: Empirical Evidence from Trade Secret Litigation
Christopher B. Seaman Volume 72, Issue 4, 1183-1226 Noncompete clauses in employment agreements are both common and controversial. An estimated twenty-eight million Americans—nearly twenty percent of the U.S. workforce—are currently bound by a noncompete. The...
Not My Problem? Landlord Liability for Tenant-on-Tenant Harassment
Aric Short Volume 72, Issue 4, 1227-1274 Tenant-on-tenant harassment because of a victim’s race, gender, or other protected status, is a severe and increasingly widespread problem often targeting vulnerable tenants. The creation of a hostile housing environment...