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...