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A Message from the Editor-in-Chief

by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1

Lesley Rae Hamilton Volume 67, Issue 1 It is a dynamic time for the legal profession. Law firms, big and small, are innovating the way they run their businesses and deliver their services, resulting in positive changes for both clients and attorneys. On the one hand,...

Disruptive Innovation: New Models of Legal Practice

by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1

Joan C. Williams, Aaron Platt, and Jessica Lee Volume 67, Issue 1, 1-84 For decades, lawyers have been complaining that they hate working at law firms, and clients have expressed increasing frustration with high legal fees. But complaining is as far as either group...

Resurrecting Health Care Rate Regulation

by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1

Erin C. Fuse Brown Volume 67, Issue 1, 85-142 Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market...

Overcoming the Public-Private Divide in Privacy Analogies

by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1

Victoria Schwartz Volume 67, Issue 1, 143-94 When a photographer takes unauthorized aerial photographs of a company’s plant, the legal framework under which courts evaluate the case, as well as its likely outcome, depends on whether the photographer was hired by a...

Databasing Delinquency

by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1

Kevin Lapp Volume 67, Issue 1, 195-258 Technological advances in recent decades have enabled an unprecedented level of surveillance by the government and permitted law enforcement to gather, store, and retrieve in real time enormous amounts of data. After nearly a...

The Problem of Reverse Payments in the Pharmaceutical Industry Following Actavis

by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1

Traci Aoki Volume 67, Issue 1, 259-92 Reverse payments are payments that are made as a component of a patent infringement settlement, between a brand-name pharmaceutical company to a competitor who is attempting to market a generic version of the patented brand-name...

Whaling in Circles: The Makahs, the International Whaling Commission, and Aboriginal Subsistence Whaling

by technology@hastingslawjournal.org | Dec 19, 2015 | Volume 67, Issue 1

Monder Khoury Volume 67, Issue 1, 293-322 In Anderson v. Evans, the Ninth Circuit held that the International Whaling Commission (“IWC”) Schedule’s approval of a quota to hunt whales for the Native American Makah Tribe (“Makahs”) violated the Marine Mammal Protection...

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