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The Demand for Fiduciary Services: Evidence from the Market in Private Donative Trusts

by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5

Adam Hofri-Winogradow Volume 68, Issue 5, 931-1006 Recent revelations on the use of fiduciary services raise concerns regarding their use for tax and creditor avoidance. Yet given the secrecy shrouding much of the fiduciary industry, we do not know which fiduciary...

Minority Mens Rea: Racial Bias and Criminal Mental States

by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5

Francis X. Shen Volume 68, Issue 5, 1007-1084 The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making “minority mens rea” a...

Regulation Through Deregulation: Sharing Economy Companies Gaining Legitimacy by Circumventing Traditional Frameworks

by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5

Diana Cao Volume 68, Issue 5, 1085-1110 The “sharing economy” is a term describing organized economic activity that may supplant the traditional corporate-centered model and encourages peer-to-peer transactions. It is a system of sharing underused assets or services,...

International Data Transfers: The Effect of Divergent Cultural Views in Privacy Causes Déjà Vu

by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5

Alyssa Coley Volume 68, Issue 5, 1111-1134 Whether operating globally or simply integrating services on the Internet, many business functions inevitably subject companies to a web of complicated international regulatory and legal requirements. For example, collecting...

The Right to Dignity in the United States

by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5

Michelle Freeman Volume 68, Issue 5, 1135-1168 Under the law, “dignity” is a principle that is often invoked, but ill-defined. The most recent and prominent example of this was the U.S. Supreme Court’s decision in Obergefell v. Hodges. There, the Court created a right...

“Let’s Play”: YouTube and Twitch’s Video Game Footage and a New Approach to Fair Use

by technology@hastingslawjournal.org | Jun 24, 2017 | Volume 68, Issue 5

Conrad Postel Volume 68, Issue 5, 1169-1192 Some of the most watched user-created videos on the Internet are recordings of individuals playing video games. These are commonly referred to as “Let’s Play” videos. The revenue that these videos can generate on YouTube and...

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