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Promise, Peril, and Procedure: The Price-Anderson Nuclear Liability Act

by technology@hastingslawjournal.org | Feb 10, 2019 | Volume 70, Issue 2

Jeffrey C. Dobbins – Volume 70, Issue 2, 331-366 Full...

The Street View of Property

by technology@hastingslawjournal.org | Feb 10, 2019 | Volume 70, Issue 2

Vanessa Casado Perez – Volume 70, Issue 2, 367-408 Parking on public streets is scarce. The current allocation system for parking spots based on the rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of...

Explaining Choice-of-Entity Decisions by Silicon Valley Start-Ups

by technology@hastingslawjournal.org | Feb 10, 2019 | Volume 70, Issue 2

Gregg Polsky – Volume 70, Issue 2, 409-454 Perhaps the most fundamental role of a business lawyer is to recommend the optimal entity choice for nascent business enterprises. Nevertheless, even in 2018, the choice-of-entity analysis remains highly muddled. Most...

A Tribute to Professor Jonathan Rohr

by technology@hastingslawjournal.org | Feb 10, 2019 | Volume 70, Issue 2

Volume 70, Issue 2, 455-462 Full...

Blockchain-Based Token Sales, Initial Coin Offerings, and the Democratization of Public Capital Markets

by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2

Jonathan Rohr and Aaron Wright – Volume 70, Issue 2, 463-524 Best known for their role in the creation of cryptocurrencies like bitcoin, blockchains are revolutionizing the way technology entrepreneurs finance their business enterprises. In 2017 alone, tech...

The Emergence of the Environmental Impact Assessment Duty as a Global Legal Norm and General Principle of Law

by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2

Tseming Yang – Volume 70, Issue 2, 525-572 More than half a century ago, Rudolf Schlesinger announced a global survey of legal principles in the pages of the American Journal of International Law. The project’s objective was the identification of a “common core”...

Payment Is Not Enough: Materiality in Implied False Certifications Under the False Claims Act

by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2

Mike Chow – Volume 70, Issue 2, 573-594 In Universal Health Services, Inc. v. United States ex rel. Escobar, the United States Supreme Court resolved a longstanding circuit split by holding that implied false certifications—transactions involving a failure to...

Contracts for Children: Constitutional Challenges to Surrogacy Contracts and Selective Reduction Clauses

by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2

Holly Jones – Volume 70, Issue 2, 595-620 Are babies commodities? Are they a proper subject of contract law? Many states say no, holding surrogacy contracts void as against public policy. Others, however, enforce surrogacy contracts. In the rare instances when...

No Firm Ground: Fifth Amendment Takings and Sea-Level Rise

by technology@hastingslawjournal.org | Feb 9, 2019 | Volume 70, Issue 2

Sophie Stocks – Volume 70, Issue 2, 621-638. Rising seas are encroaching on private properties along the California coast at alarming rates and rapidly changing the mean high tide line, which serves as the legal boundary determining the relative rights of the...

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