Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott

by technology@hastingslawjournal.org | May 31, 2025 | Volume 76, Volume 76, Issue 4

John Yoo Volume 76, Issue 4, 1227-1270 Scholars have engaged in a sharp argument over whether the judiciary should follow the original understanding in interpreting the Constitution. Recent criticism has argued that originalism fails because it does not advance a...

Beyond Human Oversight: Corporate Law and the Case for AI Directors

by technology@hastingslawjournal.org | May 31, 2025 | Volume 76, Volume 76, Issue 4

Imahn Milani Daeenabi Volume 76, Issue 4, 1271-1306 Corporate laws in the United States require corporations to be governed by a board of directors consisting of humans—otherwise known as the natural person requirement. Mandating governance by individual persons...

Eviction Sealing: A Lifeline in the Fight for Housing Justice

by technology@hastingslawjournal.org | May 31, 2025 | Volume 76, Volume 76, Issue 4

Allison M. Freedman Volume 76, Issue 4, 975-1024 In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future...

The U.S. Forced Labor Import Ban: A Tool for Raising Labor Standards in Supply Chains?

by technology@hastingslawjournal.org | May 31, 2025 | Volume 76, Volume 76, Issue 4

Jennifer Gordon Volume 76, Issue 4, 1025-1096 Forced labor is rampant across global supply chains. Addressing it at individual sites of production results in a game of whack-a-mole. An effective response must target the structural drivers of the problem: the large...

The FDA’s Role in Regulating Access to Gender-Affirming Care Medications

by technology@hastingslawjournal.org | May 31, 2025 | Volume 76, Volume 76, Issue 4

Ryan P. Knox Volume 76, Issue 4, 1097-1154 Over the last decade, many states have passed laws seeking to restrict or ban certain medications approved by the United States Food and Drug Administration (FDA). One of the most recent examples: gender-affirming care...

The Essence of an Antitrust Violation

by technology@hastingslawjournal.org | May 31, 2025 | Volume 76, Volume 76, Issue 4

Thomas A. Lambert Volume 76, Issue 4, 1155-1226 Judicial embrace of the consumer welfare standard reduced the indeterminacy and political manipulability of U.S. antitrust law. Continual invocations of antitrust’s consumer welfare focus, however, have created the...