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Defending Children’s Data Privacy: Strategies for the 21st Century

by technology@hastingslawjournal.org | Feb 1, 2025 | Volume 76, Volume 76, Issue 2

Zoë MacDonald Volume 76, Issue 2, 589-628 Children’s use of social media has been linked to an overwhelming number of adverse effects on their mental health, privacy, and well-being. There is a general consensus among parents, researchers, and lawmakers that...

The Federal Rules of Constitutional Procedure

by technology@hastingslawjournal.org | Dec 31, 2024 | Volume 76, Issue 1

Ramon Feldbrin Volume 76, Issue 1, 1-46   Judicial review has distinct purposes, difficulties, and modalities, but there are no guideposts as to how these features ought to be addressed in procedural terms. The reason is a deep-seated, but largely unarticulated,...

Artificial Intelligence and Cracks in the Foundation of Intellectual Property

by technology@hastingslawjournal.org | Dec 31, 2024 | Volume 76, Issue 1

Robin Feldman Volume 76, Issue 1, 47-114   Our implicit image of progress and the standards we use to calibrate human contribution to progress are quietly at risk from the onslaught of artificial intelligence (AI). AI has the potential to significantly shrink the...

Free the Market: How We Can Save Capitalism from the Capitalists

by technology@hastingslawjournal.org | Dec 31, 2024 | Volume 76, Issue 1

Mark A. Lemley Volume 76, Issue 1, 115-160 The free market works because no one person or company is making the decisions. In a competitive market, businesspeople make the wrong decisions all the time, just as central planners do. But the consequences of those...

Patent Infringement, Private Law, and Liability Standards

by technology@hastingslawjournal.org | Dec 31, 2024 | Volume 76, Issue 1

Robert P. Merges Volume 76, Issue 1, 161-242   Private law governs interactions among private parties. A large body of private law theory holds that private law is aimed at corrective justice: doing justice as between the two parties to a private interaction (the...
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