by technology@hastingslawjournal.org | May 17, 2022 | Volume 73, Issue 4
Kate E. Bloch Volume 73, Issue 4, 947-974 In almost all U.S. jurisdictions, a qualifying mental illness that prevents an accused from distinguishing right from wrong can provide support for a determination of legal insanity. Nonetheless, “wrongfulness” remains a term...
by technology@hastingslawjournal.org | May 17, 2022 | Volume 73, Issue 4
Warigia M. Bowman Volume 73, Issue 4, 975-1040 “Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had...
by technology@hastingslawjournal.org | May 17, 2022 | Volume 73, Issue 4
Mary Hoopes Volume 73, Issue 4, 1041-1098 Farmworkers are one of many vulnerable groups who exist largely in the shadows of the law. While there is a relatively robust regulatory framework that ostensibly governs the conditions under which they work, it is highly...
by technology@hastingslawjournal.org | May 17, 2022 | Volume 73, Issue 4
Erin E. Meyers Volume 73, Issue 4, 1099-1144 A staggering number of Americans experience criminal justice contact each year, ranging from arrest to long-term incarceration. One 2014 Wall Street Journal report estimated that approximately one in three Americans are...
by technology@hastingslawjournal.org | May 17, 2022 | Volume 73, Issue 4
Kylah Staley Volume 73, Issue 4, 1145-1172 Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There...
by technology@hastingslawjournal.org | Mar 31, 2022 | Volume 73, Issue 3
Maryam Jamshidi Volume 73, Issue 3, 585-666 The Foreign Sovereign Immunities Act (“FSIA”) prohibits civil litigation against foreign states, their agencies, and instrumentalities unless one of several enumerated exceptions to immunity applies. The most important of...
by technology@hastingslawjournal.org | Mar 31, 2022 | Volume 73, Issue 3
Jason Rantanen, Lindsay Kriz & Abigail A. Matthews Volume 73, Issue 3, 667-722 Many scholars have observed that an empirical study is only valid to the extent it is reliable. Yet assessments of the reliability of empirical legal studies are rare. The closest most...
by technology@hastingslawjournal.org | Mar 31, 2022 | Volume 73, Issue 3
Christopher W. Schmidt Volume 73, Issue 3, 723-772 This Article argues that to better understand the historical development of Fourteenth Amendment antidiscrimination doctrine, we should look to the Thirteenth Amendment. The Fourteenth Amendment was drafted in...
by technology@hastingslawjournal.org | Mar 31, 2022 | Volume 73, Issue 3
Eli Siems, Katherine J. Strandburg & Nicholas Vincent Volume 73, Issue 3, 773-820 Trade secrecy is a major barrier to public scrutiny of probabilistic software tools that are increasingly used at all stages of the criminal system, from policing and investigation...
by technology@hastingslawjournal.org | Mar 31, 2022 | Volume 73, Issue 3
Mark Verstraete, Jane R. Bambauer & Derek E. Bambauer Volume 73, Issue 3, 821-860 Fake news presents a complex regulatory challenge in the increasingly democratized and intermediated on-line information ecosystem. Inaccurate information is readily created by...
by technology@hastingslawjournal.org | Mar 31, 2022 | Volume 73, Issue 3
Jenny Bagger Volume 73, Issue 3, 861-918 As the question of how new technology factors into the personal jurisdiction analysis remains unresolved, the vast increase in the reliance on remote technology that the COVID-19 pandemic spurred urges a definitive answer. Even...
by technology@hastingslawjournal.org | Mar 31, 2022 | Volume 73, Issue 3
Reina Shinohara Volume 73, Issue 3, 919-946 As we spend more of our days online, we are seeing a shift in content moving towards a progressively simulated reality. The virtual worlds of video games and other online communities have become a norm for many, with an...
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...
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...
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...
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...
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...
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...
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...
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...
by technology@hastingslawjournal.org | Jan 19, 2022 | Volume 73, Issue 1
Gilat Juli Bachar Volume 73, Issue 1, 1-48 The #MeToo movement called attention to the use of non-disclosure clauses in settlement agreements as a tool to silence victims of sexual wrongdoing by repeat offenders such as movie mogul Harvey Weinstein and Olympic gymnast...
by technology@hastingslawjournal.org | Jan 19, 2022 | Volume 73, Issue 1
Nancy J. Knauer Volume 73, Issue 1, 49-104 When the first suspected human-to-human transmission of the novel coronavirus was reported in January 2020, the United States had in place an elaborate set of pandemic disaster and response plans that spanned hundreds of...
by technology@hastingslawjournal.org | Jan 19, 2022 | Volume 73, Issue 1
Gerardo Inzunza Higuera Volume 73, Issue 1, 105-158 This Note addresses the need for a comprehensive, centralized independent agency designated solely for the management of commercial space activities. The current commercial “space rush” promises unimaginable...
by technology@hastingslawjournal.org | Jan 19, 2022 | Volume 73, Issue 1
Kate Souza Volume 73, Issue 1, 129-160 The growing cost of higher education relative to wage growth means that college is no longer the sure path to financial security it once was. While the cost of tuition ballooned over the past several decades, government funding...
by technology@hastingslawjournal.org | Jan 18, 2022 | Volume 73, Issue 1
Justine Yu Volume 73, Issue 1, 161-190 The city of Hong Kong has undergone a dramatic political shift in recent years. Once known as a safe haven for freedom of speech and expression,[1] HK is now a place where anti-Communist Party views are suppressed under the...
by technology@hastingslawjournal.org | Aug 11, 2021 | Volume 72, Issue 6
Nia Johnson Volume 72, Issue 6, 1637-1663 Black Americans have constantly been victims of health disparities and unequal treatment in healthcare facilities. This is not new. However, more attention has been paid to accounts from Black Americans alleging that their...
by technology@hastingslawjournal.org | Aug 11, 2021 | Volume 72, Issue 6
Lauren Rogal Volume 72, Issue 6, 1663-1702 Theranos, Inc., the unicorn startup blood-testing corporation, was ultimately laid low by a former employee whistleblower. The experience of that whistleblower during and after her employment illuminates detrimental secrecy...
by technology@hastingslawjournal.org | Aug 11, 2021 | Volume 72, Issue 6
Angela Onwuachi-Willig Volume 72, Issue 6, 1703-1716 Just as the COVID-19 pandemic helped to expose the inequities that already existed between students at every level of education based on race and socioeconomic class status, it has exposed existing inequities among...
by technology@hastingslawjournal.org | Aug 11, 2021 | Volume 72, Volume 72, Issue 6
Jasper Ford-Monroe Volume 72, Issue 6, 1717-1740 Over the past few years, a powerful new forensic technique has emerged. By uploading DNA from a crime scene to a civilian DNA database, such as GEDmatch, investigators can discover the genetic relatives of the...
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...
by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
David Takacs Volume 72, Issue 4, 1275-1278 Full...
