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How the Animal Welfare Act Harms Animals

by technology@hastingslawjournal.org | Apr 6, 2018 | Volume 69, Issue 3

Justin Marceau Volume 69, Issue 3, 925-960 The fiftieth anniversary of the Animal Welfare Act (“AWA”) was 2016. Most fiftieth anniversaries are cause for great celebration, but this one shouldn’t’ be because the AWA has caused more harm than good. In previous decades...

Legalizing Marijuana: A View from Among the Weeds

by technology@hastingslawjournal.org | Apr 6, 2018 | Volume 69, Issue 3

Michael Vitiello & Rosemary Deck Volume 69, Issue 3, 961-984 The United States is on a fast-track to a new era in marijuana law. The prospect of a federal pathway to legalization opens a Pandora’s Box of issues for states like California. This Article focuses on...

Neither Here nor There: The Bisexual Struggle for American Asylum

by technology@hastingslawjournal.org | Apr 6, 2018 | Volume 69, Issue 3

Jaclyn Gross Volume 69, Volume 3, 985-1008 Recently, it has become increasingly difficult for foreign nationals to successfully gain refuge in the United States from persecution in their home countries. The year 1990 marked the first time that the United States...

Bringing Untested Rape Kits out of Storage and into the Courtroom: Encouraging the Creation of Public-Private Partnerships to Eliminate the Rape Kit Backlog

by technology@hastingslawjournal.org | Apr 6, 2018 | Volume 69, Issue 3

Gaby Lion Volume 69, Volume 3, 1009-1038 This Note discusses the current status of the rape kit backlog, and how it can be addressed through successful public-private partnerships in the DNA testing industry. DNA evidence contained inside rape kits is an invaluable...

Bisecting American Islam? Divide, Conquer, and Counter-Radicalization

by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2

Khaled A. Beydoun Volume 69, Issue 2, 429-497 The United States Department of State has long employed a sectarian foreign policy strategy to advance its interests in the Mideast. The United States has sided staunchly with Saudi Arabia, the Sunni Muslim superpower in...

Are U.S. Public Lands Unconstitutional?

by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2

John D. Leshy Volume 69, Issue 2, 499-582 Arguments are sometimes made most recently in a paper commissioned by the State of Utah, and by a lawyer for a defendant facing charges for the armed takeover of a National Wildlife Refuge in Oregon in 2016that U.S. public...

Realizing Restorative Justice: Legal Rules and Standards for School Discipline Reform

by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2

Lydia Nussbaum Volume 69, Issue 2, 583-646 Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for...

It’s Always Windy in McCain Valley: Vicarious Liability Under the Migratory Bird Treaty Act

by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2

George A. Croton Volume 69, Issue 2, 647-674 This Note considers whether a federal agency that grants a license, lease, or permit to a wind farm developer can thereafter be held vicariously liable for the developer’s violations of the Migratory Bird Treaty Act’s...

Royalty Inequity: Why Music Streaming Services Should Switch to a Per-Subscriber Model

by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2

Joseph Dimont Volume 69, Issue 2, 675-700 Digital music streaming services, like Spotify, Apple Music, and Tidal, currently distribute royalties based on a per-stream model, known as service-centric licensing, while at the same time receive income through subscription...

No Harm, Still Foul: When an Injury-in-fact Materializes in a Consumer Data Breach

by technology@hastingslawjournal.org | Feb 10, 2018 | Volume 69, Issue 2

Benjamin C. West Volume 69, Issue 2, 701-720 In the consumer data breach context, courts have seemingly limited a plaintiff’s ability to bring suit by applying the standing doctrine’s injury-in-fact requirement too rigidly. This is unacceptable, as the law of standing...
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