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Electronic Form Over Substance: eSignature Laws Need Upgrades

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...

Race and Equity in the Age of Unicorns

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...

Hedonic-Loss Damages That Optimally Deter: An Alternative to “Value of a Statistical Life” That Focuses on Both Decedent and Tortfeasor

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...

The DOJ’s Role in the Franchise No-Poach Problem

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...

The Legal Value of Fiscal Sponsorship: A Proposal of New Law

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...

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