by technology@hastingslawjournal.org | Aug 26, 2022 | Volume 73, Issue 5
Symposium Cosponsored with the Center for Litigation and Courts and the National Civil Justice Institute “The Internet and the Law: Legal Challenges in the New Digital Age” UC Hastings Law, November 6–7,...
by technology@hastingslawjournal.org | Aug 26, 2022 | Volume 73, Issue 5
Gerson H. Smoger Volume 73, Issue 5, i-ii Full...
by technology@hastingslawjournal.org | Aug 26, 2022 | Volume 73, Issue 5
Scott Dodson Volume 73, Issue 5, iii-iv Full...
by technology@hastingslawjournal.org | Aug 14, 2022 | Volume 73, Issue 6
Herbert Hovenkamp Volume 73, Issue 6, 1621-1636 Antitrust enforcers and its other defenders have never done a good job of selling their field to the public. That is not entirely their fault. Antitrust is inherently technical, and a less engaging discipline to most...
by technology@hastingslawjournal.org | Aug 14, 2022 | Volume 73, Issue 6
Amelia Miazad Volume 73, Issue 6, 1637-1696 Antitrust law is at the center of today’s public debate. It has even emerged as a rare unifying force, with bipartisan promises to combat the concentration of economic power. Meanwhile, the business community is grappling...
by technology@hastingslawjournal.org | Aug 14, 2022 | Volume 73, Issue 6
Roberto Tallarita Volume 73, Issue 6, 1697-1760 In the past few years, there has been a dramatic increase in shareholder support for proposals on political, environmental, ethical, and social issues, from climate change and employee diversity to animal welfare and...
by technology@hastingslawjournal.org | Aug 14, 2022 | Volume 73, Issue 6
Jack Haisman Volume 73, Issue 6, 1761-1790 Since the human genome was first sequenced in 2003, millions of consumers and medical professionals have swarmed the field of medical genetics, seeking to peer into the crystal ball and see what their own, or their patients’,...
by technology@hastingslawjournal.org | Aug 14, 2022 | Volume 73, Issue 6
Viridiana Ordonez Volume 73, Issue 6, 1791-1830 The United States relies, in part, on certain criminal convictions to determine which noncitizens are deportable. The specific types of criminal convictions subjecting an individual to deportation proceedings are found...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Joshua P. Davis Volume 73, Issue 5, 1173-1202 Artificial intelligence (AI) may someday play various roles in litigation, particularly complex litigation. It may be able to provide strategic advice, advocate through legal briefs and in court, help judges assess class...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Eric Goldman Volume 73, Issue 5, 1203-1232 This Article explores the underappreciated constitutional problems that arise when regulators compel Internet services to disclose information about their editorial operations and decisions (what the Article calls “mandatory...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Alexa Koenig and Lindsay Freeman Volume 73, Issue 5, 1233-1254 The increased use of digital technologies in daily life has led to a steep rise in the introduction of highly technical evidence and expert witness testimony in criminal and civil litigation. The growing...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Dawn Carla Nunziato Volume 73, Issue 5, 1255-1304 Dominant social media platforms have been increasingly perceived as engaging in discrimination against conservative and right-wing viewpoints. Trump’s deplatforming, coupled with the platforms’ recent removal of Covid-...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Robert S. Peck Volume 73, Issue 5, 1305-1326 Technological innovation begets legal revolution. And tort law, as a creature of the common law, makes the most profound doctrinal leaps and does so more rapidly than any other area of law when technology changes our...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Catherine M. Sharkey Volume 73, Issue 5, 1327-1352 Products liability in the digital age entails reckoning with the transformative shift away from in-person purchases at brick-and-mortar stores to digital purchases from e-commerce platforms. The epochal rise of the...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Eugene Volokh Volume 73, Issue 5, 1353-1460 When may parties in American civil cases proceed pseudonymously? The answer turns out to be deeply unsettled. This Article aims to lay out the legal rules (such as they are) and the key policy arguments, in a way intended to...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Bryan H. Choi Volume 73, Issue 5, 1461-1480 The pursuit of software safety standards has stalled. In response, commentators and policymakers have looked increasingly to federal agencies to deliver new hope. Some place their faith in existing agencies while others...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Anuj C. Desai Volume 73, Issue 5, 1481-1510 Social media is just one part of the broader free-speech ecosystem. Social media regulation thus only regulates one part of that ecosystem. To evaluate social media regulation thus requires an understanding of the role...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Neil Richards Volume 73, Issue 5, 1511-1538 Privacy and data protection law’s expansion brings with it opportunities for mischief as privacy rules are used pretextually to serve other ends. This Essay examines the problem of such co-option of privacy using a case...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Erin Hutchins Volume 73, Issue 5, 1539-1562 During the COVID-19 pandemic, communities congregated in online spaces more than ever before. While some people found solidarity online, many others found snippets of false information regarding COVID-19’s origin,...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Kevin Murphy Volume 73, Issue 5, 1563-1592 California law allows an employer to refuse to hire an applicant or discharge an employee for consuming medical cannabis in order to treat a serious medical condition, even if an individual consumes cannabis at home during...
by technology@hastingslawjournal.org | Jul 10, 2022 | Volume 73, Issue 5
Katharine Waters Volume 73, Issue 5, 1593-1620 The Supreme Court has not faced a case involving the public university student athlete’s right to protest during game day events, such as during the pre-game warm up, the national anthem, and game play itself. Protests...
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...
