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Apple Pay, Bitcoin, and Consumers: The ABCs of Future Public Payments Law

by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6

Mark Edwin Burge Volume 67, Issue 6, 1493-550 As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve....

An “Act of God”? Rethinking Contractual Impracticability in an Era of Anthropogenic Climate Change

by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6

Myanna Dellinger Volume 67, Issue 6, 1551-620 “Extreme” weather has become the new normal. Previously considered to be inexplicable and unpredictable “acts of God,” such weather can no longer reasonably be said to be so. They are acts of man. The current doctrine of...

Preventing Opioid Misuse with Prescription Drug Monitoring Programs: A Framework for Evaluating the Success of State Public Health Laws

by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6

Rebecca L. Haffajee Volume 67, Issue 6, 1621-94 he United States is in the midst of a prescription opioid overdose and misuse epidemic. Although many factors have contributed to the escalation of prescription painkiller misuse, it parallels increases in the supply and...

Miranda Overseas: The Law of Coerced Confessions Abroad

by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6

David Keenan Volume 67, Issue 6, 1695-732 In recent years, Article III courts have become the preferred venue for the U.S. government to try terrorism suspects captured abroad. Many liberals have welcomed this development, characterizing it as a proper extension of...

California Charter School Teachers: Flexibility in the Classroom, Vulnerability as an Employee

by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6

Jennifer Hom Chen Volume 67, Issue 6, 1733-68 Since the passage of the Charter Schools Act of 1992, charter schools have been hailed for achieving better results for students compared to traditional public schools in California. In particular, charter schools are...

Simplicity v. Reality in the Workplace: Balancing the Aims of Vance v. Ball State University and the Fair Employment Protection Act

by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6

Elizabeth Lee Volume 67, Issue 6, 1769-804 Under Title VII of the Civil Rights Act of 1964, an employer can be held liable for harassment or discrimination by a supervisor. In 2013, in Vance v. Ball State University, the Supreme Court narrowed the definition of...

Editing Embryos: Considering Restrictions on Genetically Engineering Humans

by technology@hastingslawjournal.org | Sep 8, 2016 | Volume 67, Issue 6

Anna Zaret Volume 67, Issue 6, 1805-40 In April 2015, scientists used a new genetic engineering tool known as CRISPR to edit the genes of a human embryo for the first time. CRISPR has made gene editing cheaper, more efficient, and more accurate than ever before. These...

Symposium Keynote: Advancing Equal Access to Justice: Barriers, Dilemmas, and Prospects

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

Advancing Equal Access to Justice: Barriers, Dilemmas, and Prospects Hon. Tani G. Cantil-Sakauye Volume 67, Issue 5, 1181-90 Keynote Address: University of California Hastings College of the Law, November 12, 2015 Full...

How to Regulate Legal Services to Promote Access, Innovation, and the Quality of Lawyering

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

Gillian K. Hadfield and Deborah L. Rhode Volume 67, Issue 5, 1191-224 Scholars and critics have for decades advocated change in the professional regulation of legal services markets in order to solve the ever-widening gap in access to justice. One of the central...

Lifting the “American Exceptionalism” Curtain: Options and Lessons from Abroad

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

Earl Johnson Jr. Volume 67, Issue 5, 1225-64 Contrary to its public rhetoric promising “justice for all” and “equal justice under law,” access to civil justice in the United States is “exceptional” only in a negative sense. The Rule of Law Index ranks our nation next...
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