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Financial Data Governance

by technology@hastingslawjournal.org | Feb 16, 2023 | Volume 74, Issue 2

Douglas W. Arner, Giuliano G. Castellano, Ēriks K. Selga Volume 74, Issue 2, 235-292 Finance is one of the most digitalized, globalized, and regulated sectors of the global economy. Traditionally technology intensive, the financial industry has been at the forefront...

Deepfakes on Trial: A Call To Expand the Trial Judge’s Gatekeeping Role To Protect Legal Proceedings from Technological Fakery

by technology@hastingslawjournal.org | Feb 16, 2023 | Volume 74, Issue 2

Rebecca A. Delfino Volume 74, Issue 2, 293-348 Deepfakes—audiovisual recordings created using artificial intelligence (AI) technology to believably map one person’s movements and words onto another—are ubiquitous. They have permeated societal and civic spaces from...

Financial Inclusion Gone Wrong: Securities and Cryptoassets Trading for Children

by technology@hastingslawjournal.org | Feb 16, 2023 | Volume 74, Issue 2

Nizan Geslevich Packin Volume 74, Issue 2, 349-398 According to studies, money is a major source of anxiety for most Americans. In looking for ways to remedy the source of such anxiety, some believe that increasing children’s financial orientation could help lower...

Considering Vaccination Status

by technology@hastingslawjournal.org | Feb 16, 2023 | Volume 74, Issue 2

Govind Persad Volume 74, Issue 2, 399-432 This Article examines whether policies—sometimes termed “vaccine mandates” or “vaccine requirements”—that consider vaccination status as a condition of employment, receipt of goods and services, or educational or other...

How Crisis Affects Crypto: Coronavirus as a Test Case

by technology@hastingslawjournal.org | Feb 16, 2023 | Volume 74, Issue 2

Hadar Y. Jabotinsky & Roee Sarel Volume 74, Issue 2, 433-488 Everybody is talking about cryptocurrencies. These digital tokens, which started in a one-asset market, have swiftly ballooned into a massive and diverse “cryptomarket.” The cryptomarket is still mostly...

Deferring Intellectual Property Rights in Pandemic Times

by technology@hastingslawjournal.org | Feb 16, 2023 | Volume 74, Issue 2

Peter K. Yu Volume 74, Issue 2, 489-550 This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than thirty provisions in the Agreement on...

The Latest Interface: Using Data Privacy as a Sword and Shield in Antitrust Litigation

by technology@hastingslawjournal.org | Feb 16, 2023 | Volume 74, Issue 2

Sammi Chen Volume 74, Issue 2, 551-582 The new and growing intersection between data privacy and antitrust uses data privacy as both a sword and shield against antitrust liability. On one hand, large technology firms have begun using privacy as a business...

Mistreatment and Exploitation of Skilled Foreign Workers Through H- Visa Precarity

by technology@hastingslawjournal.org | Feb 16, 2023 | Volume 74, Issue 2

Isha Vazirani Volume 74, Issue 2, 583-606 The Department of Homeland Security (DHS) announced that beginning on May 26, 2015, certain H-4 dependents of H-1B nonimmigrants would be eligible to apply for an Employment Authorization Document (EAD). The H-4 EAD program...

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