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 communications, documents, and signatures instead of ink and paper. The COVID-19...

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 culture, centering on race and class. The Article demonstrates that the rise and...

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 might not be a mistake on a backward-looking account of tort law (because the...

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 recruitment, hiring, and compensation. Among the various issues that the Agencies...

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 nature of charitable organizations is limited, startup or small and local...

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 dealings or activities falls concurrently within the purview of two or more of...

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 publicity, and patent law. The Article discusses, among other matters, the Second...

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’ copyright statutes set out a list of narrowly defined exceptions to copyright owners’...
HASTINGS LAW JOURNAL

UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW

About Hastings Law Journal

Since 1949, Hastings Law Journal has published scholarly articles, essays, and student Notes on a broad range of legal topics. With close to 100 members, HLJ publishes six issues each year reaching a large domestic and international audience. One of these issues may be dedicated to our periodic symposium, which features speeches, commentaries, and panel discussions on an area of current interest and development in the law.

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

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

The Hastings Law Journal works jointly with Berkeley Law’s California Constitution Center to produce publications focused on substantive coverage of the Supreme Court of California.  We analyze cases and issues before the court, and report news about the court itself.  The contributors include former justices of the court, academics, and advocates experienced in appellate practice before the state high court.

View the most recent posts here.

RECENT ISSUES

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...

read more

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...

read more