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Consumer Privacy in a Behavioral World

by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6

Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 6, 1471-1508 On March 28, 2017, Congress killed the FCC’s attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the impact of...

Gerrymandering and Conceit: The Supreme Court’s Conflict with Itself

by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6

McKay Cunningham Volume 69, Issue 6, 1509-1544 The Supreme Court has long held that extreme partisan gerrymandering violates equal protection, but has simultaneously dismissed gerrymandering disputes as nonjusticiable political questions. In particular, the Court has...

Unmothering Black Women: Formula Feeding as an Incident of Slavery

by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6

Andrea Freeman Volume 69, Issue 6, 1545-1606 Laws and policies that impede Black mothers’ ability to breastfeed their children began in slavery and persist as an incident of that institution today. They originated in the practice of removing enslaved new mothers from...

“Innocence” and the Guilty Mind

by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6

Stephen F. Smith Volume 69, Issue 6, 1609-1672 For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or “innocent”) conduct, thereby ensuring that only offenders with adequate notice of...

California’s New Law Will Fail to Address the Larger Problem of Brady Violations

by technology@hastingslawjournal.org | Aug 19, 2018 | Volume 69, Issue 6

Christina E. Urhausen Volume 69, Issue 6, 1673-1694 Brady violations have become a growing epidemic in California. As a result, California recently enacted a new law that amends section 141 of the Penal Code. The law changes the status of an “intentional” Brady...

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