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When Hospitals Sue Patients

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Isaac D. Buck Volume 73, Issue 2, 191-232 “The biggest crime you can commit in America is being sick.” Grimly demonstrated by the COVID-19 pandemic, hospitals serve as the central hub of American health care. Increasingly exercising market power, setting clinical...

Weaponizing Culture to Undermine International Women’s Rights

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Lan Cao Volume 73, Issue 2, 233-300 The Universal Declaration of Human Rights (“UDHR”) remains an emblem of hope and change in a world filled with continuing human rights violations. Its promise, enshrined in 1948, is as relevant then as it is now—that the...

A New Prescription for the Opioid Epidemic: 360-Degree Accountability for Pharmaceutical Companies and Their Executives

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Rebecca A. Delfino Volume 73, Issue 2, 301-370 We can no longer ignore this—a national crisis resulting in almost one million American deaths, costing hundreds of millions of dollars, ravaging the health care system, and devastating state and local communities. This...

Liberty and Democracy Through the Administrative State: A Critique of the Roberts Court’s Political Theory

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Blake Emerson Volume 73, Issue 2, 371-436 The values of liberty and democracy repeatedly arise in recent Supreme Court opinions on administrative law. The conservative Justices have argued that the power vested in government agencies threatens individual freedom and...

Dismantling the Master’s House: Establishing a New Compelling Interest in Remedying Systematic Discrimination

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Chris Chambers Goodman and Natalie Antounian Volume 73, Issue 2, 437-474 This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the...

Taking Stock: Open Questions and Unfinished Business Under the VAWA Amendments to the Indian Civil Rights Act

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Jordan Gross Volume 73, Issue 2, 475-528 The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the...

Saving the Sinking Ship: How the United States Can Create an Effective Content Moderation Policy by Looking Abroad

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Zhi Yang Tan Volume 73, Issue 2, 529-558 Each day, the world creates another 2.5 quintillion bytes of data, with most of it being accessible by the average person through the smartphone they carry in their pocket. That data may often take the form of informative new...

Dispute Resolution Commercial Transactions Along the Belt and Road: Creating Fair and Consistent Judgments

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Sara Zokaei Volume 73, Issue 2, 559-584 For over forty years, China has promulgated national policies of opening-up and cooperation with other nations. Over the past eight years, China has been expanding its efforts to uphold these policy goals via the Belt and Road...

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