by technology@hastingslawjournal.org | May 24, 2021 | Volume 72, Volume 72, Issue 5
Lothar Determann Volume 72, Issue 5, 1385-1452 Most professionals favor substance over form. Yet, with respect to form itself, more and more favor electronic form over substantive media and signatures. Companies, consumers, and governments increasingly use electronic...
by technology@hastingslawjournal.org | May 24, 2021 | Volume 72, Issue 5
Lynnise E. Phillips Pantin Volume 72, Issue 5, 1453-1510 This Article critically examines startup culture and its legal predicates. The Article analyzes innovation culture as a whole and uses the downfall of Theranos to illustrate the deficiencies in Silicon Valley...
by technology@hastingslawjournal.org | May 24, 2021 | Volume 72, Issue 5
Michael Pressman Volume 72, Issue 5, 1511-1572 Plaintiffs in wrongful-death suits typically are unable to recover for the decedent’s “hedonic loss”—the loss of happiness (or wellbeing) incurred as a result of the lost life-years themselves. Although this omission...
by technology@hastingslawjournal.org | May 24, 2021 | Volume 72, Issue 5
Molly Edgar Volume 72, Issue 5, 1573-1604 In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued a joint policy statement which notified human resource professionals of antitrust issues that may arise in the context of employee...
by technology@hastingslawjournal.org | May 24, 2021 | Volume 72, Issue 5
Emma Geering Volume 72, Issue 5, 1605-1636 With social conscientiousness as a core value, American society has utilized nonprofit organizations to motivate social change. But as resources are finite and expertise in the complex legal, operational, and organizational...
by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
Giuliano G. Castellano & Andrea Tosato Volume 72, Issue 4, 999-1054 Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of such...
by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
Thomas F. Cotter Volume 72, Issue 4, 1055-1120 This Article provides a comprehensive analysis of awards of “noneconomic” damages for reputational and emotional harm in intellectual property (IP) law, including trademarks, copyright and moral rights, the right of...
by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
Niva Elkin-Koren & Neil Weinstock Netanel Volume 72, Issue 4, 1121-1182 The fair use privilege of United States copyright law long stood virtually alone among national copyright laws in providing a flexible, open-ended copyright exception. Most countries’...
by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
Christopher B. Seaman Volume 72, Issue 4, 1183-1226 Noncompete clauses in employment agreements are both common and controversial. An estimated twenty-eight million Americans—nearly twenty percent of the U.S. workforce—are currently bound by a noncompete. The...
by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
Aric Short Volume 72, Issue 4, 1227-1274 Tenant-on-tenant harassment because of a victim’s race, gender, or other protected status, is a severe and increasingly widespread problem often targeting vulnerable tenants. The creation of a hostile housing environment...
