by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
Kelly Carson Volume 72, Issue 4, 1279-1312 Roughly forty percent of the United States population lives in an area threatened to be underwater by 2100 due to climate change. There are little to no infrastructural and policy frameworks to handle this problem. This Note...
by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
Tyler Runsten Volume 72, Issue 4, 1313-1346 As climate change regulation from the federal level becomes increasingly unlikely, states and local governments emerge as the last stand against climate change in the United States. This tension ushers in questions of...
by technology@hastingslawjournal.org | Apr 19, 2021 | Volume 72, Issue 4
Tori Timmons Volume 720, Issue 4, 1347-1384 Anthropogenic climate change is among the gravest problems humanity faces. Nonetheless, global greenhouse gas emissions are not slowing, and the complete elimination of greenhouse gas emissions is not currently foreseeable....
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Robert C. Bird Volume 72, Issue 3, 719-772 Science skepticism is on the rise worldwide, and it has a pernicious influence on science and science-based public policy. This Article explores two of the most controversial science-based public policy issues: whether...
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Valarie K. Blake Volume 72, Issue 3, 773-826 The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a...
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Elissa Philip Gentry & Benjamin J. McMichael Volume 72, Issue 3, 827-870 Unlike past public health crises, the opioid crisis arose from within the healthcare system itself. Entities within that system, particularly opioid manufacturers, may bear some liability in...
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Adam M. Gershowitz Volume 72, Issue 3, 871-918 Imagine that a medical board revokes a doctor’s license both because he has been peddling thousands of pills of opioids and also because he was caught with a few grams of cocaine. The doctor is a family physician, not a...
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Lauren Trambley Volume 72, Issue 3, 919-958 Although California was by no means an affordable state to reside in prior to 2008, Californians are still experiencing the reverberating effects of the collapse of the housing market in its present affordable housing...
by technology@hastingslawjournal.org | Feb 28, 2021 | Volume 72, Issue 3
Robert Wu Volume 72, Issue 3, 959-998 In the first three years of Public Service Loan Forgiveness (PSLF), over 227,000 borrowers applied for relief. The U.S. Department of Education granted relief to less than 3800 borrowers, denying forgiveness to roughly 98% of the...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Mark Glick, Catherine Ruetschlin, & Darren Bush Volume 72, Issue 2, 465-516 Big Tech is on a buying spree. Companies like Apple, Google, Facebook, and Amazon are gobbling up smaller companies at an unprecedented pace. But the law of competition isn’t ready for Big...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Ariel Jurow Kleiman Volume 72, Issue 2, 517-564 The public finance literature tells us that user fees will introduce market-like efficiency to public good provision. Meanwhile, criminal justice scholars note that criminal justice fees have run amok, causing crippling...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Amy R. Motomura Volume 72, Issue 2, 565-626 This Article analyzes a conflict between innovation and the patent system: innovation is a dynamic, iterative process, but a patent reflects only a single snapshot in time. Despite extensive scholarly and judicial discussion...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Scott J. Shackelford & Scott O. Bradner Volume 72, Issue 2, 627-662 As Internet-connected devices become ubiquitous, it remains an open question whether security—or privacy—can or will scale, or whether a combination of perverse incentives, new problems, and new...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Samuel Bayer Volume 72, Issue 2, 663-686 California has long permitted dual agency representation in residential real estate transactions, and consumers have long maligned the practice as presenting an unavoidable conflict of interest. However, dual agency provides...
by technology@hastingslawjournal.org | Feb 4, 2021 | Volume 72, Issue 2
Thomas Davis Volume 72, Issue 2, 687-718 Late 2017 marked, perhaps, the peak of Bitcoin frenzy. A number of specious, if not outright fraudulent issuers took advantage of this craze by publicly listing their stock while touting some connection to blockchain...
by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1
David M. Driesen Volume 72, Issue 1, 1-54 The debate over the unitary executive theory—the theory that the President should have sole control over the executive branch of government—has proven extremely parochial. Supporters of the theory argue that the original...
by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1
Luca Enriques & Dirk A. Zetzsche Volume 72, Issue 1, 55-98 This Article introduces the term Corporate Technologies (“CorpTech”) to refer to the use of distributed ledgers, smart contracts, Big Data analytics, artificial intelligence and machine learning in the...
by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1
James P. George Volume 72, Issue 1, 99-168 The United States has attempted for years to create a more efficient enforcement regime for foreign-country judgments, both by treaty and statute. Long negotiations succeeded in July 2019, when the Hague Conference on Private...
by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1
Mark Moller & Lawrence B. Solum Volume 72, Issue 1, 169-228 Article III confers the judicial power of the United States over controversies between “citizens” of different states. In Section 1332(c) of Title 28 of the United States Code, Congress has provided that...
by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1
Bryce Clayton Newell & Bert-Jaap Koops Volume 72, Issue 1, 229-290 The search of a smartphone by the police in connection with an arrest carries the potential to intrude into the very core of an arrestee’s private life. Indeed, such a search has been compared to...
by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1
Alix Rogers Volume 72, Issue 1, 291-336 Under contemporary American law, human corpses and some bodily parts are classified as quasi-property. Quasi-property is an American legal conception composed of limited interests that mimic some of the functions of property,...
by technology@hastingslawjournal.org | Nov 24, 2020 | Volume 72, Issue 1
Joan C. Williams, Rachel M. Korn & Sky Mihaylo Volume 72, Issue 1, 337-464 This Article joins other voices in challenging what I will call the “implicit bias consensus” in employment discrimination law, first crystallized in the work of Susan Sturm and Linda...
by technology@hastingslawjournal.org | Aug 1, 2020 | Volume 71, Issue 5
Jonathan H. Adler Volume 71, Issue 5, 1101-1126 As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and...
by technology@hastingslawjournal.org | Aug 1, 2020 | Volume 71, Issue 5
Ming Hsu Chen Volume 71, Issue 5, 1127-1142 The use of guidance documents in administrative law has long been controversial and considered to be one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make...
by technology@hastingslawjournal.org | Aug 1, 2020 | Volume 71, Issue 5
Daniel A. Farber Volume 71, Issue 5, 1143-1176 President Trump has used emergency powers to achieve key parts of his policy agenda, exemplified by his travel ban, funding for the border wall, and tariffs on many imports. He has also declared the 2020 coronavirus...
by technology@hastingslawjournal.org | Aug 1, 2020 | Volume 71, Issue 5
Alice Kaswan Volume 71, Issue 5, 1177-1206 The Trump Administration has been rolling back environmental and other regulations at a rapid rate. Each time, they are called upon to interpret their authorizing statutes. As they reverse previous administrations’...
by technology@hastingslawjournal.org | Aug 1, 2020 | Volume 71, Issue 5
Aaron L. Nielson Volume 71, Issue 5, 1207-1224 Stable law is valuable, yet also remarkably lacking in our nation’s internet policy. Over the last two decades, the Federal Communications Commission (FCC) has charted a zigzagging course between heavier and lighter...
by technology@hastingslawjournal.org | Aug 1, 2020 | Volume 71, Issue 5
Christopher J. Walker & Rebecca Turnbull Volume 71, Issue 5, 1225-1248 As part of the Hastings Law Journal’s Administrative Law in the Age of Trump Symposium, this Essay argues that administrative law should stop fixating on federal courts. While court-centric...
by technology@hastingslawjournal.org | Aug 1, 2020 | Volume 71, Volume 71, Issue 5
Deborah Brundy Volume 71, Issue 5, 1249-1282 After years of enduring devastating loss of property and life, toxic air quality and intermittent power shutoffs, the public is primed for dramatic change to ensure a safe and resilient power grid. To achieve this,...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4
David A. Dana & Hannah J. Wiseman Volume 71, Issue 4, 845-900 Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly shared...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4
Brigham Daniels, Andrew P. Follett, & Joshua Davis Volume 71, Issue 4, 901-958 The 1970 Clean Air Act is arguably Congress’ most important environmental enactment. Since it became law fifty years ago, much could be and has been said about how it has changed both...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4
Laura Karas, MD, MPH; Gerard F. Anderson, PhD; Robin Feldman, JD Volume 71, Issue 4, 959-974 The Supreme Court ruled in FTC v. Actavisthat a delay in generic entry may be anticompetitive when part of a patent settlement includes a large and otherwise unjustified value...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4
Stephen D. Sugarman Volume 71, Issue 4, 975-1018 California Supreme Court Justice Roger J Traynor entered the debated between pragmatists and formalists, siding with the former in both his scholarly writings and in his judicial opinions, especially in torts. In this...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4
Frazer A. Tessema, Aaron S. Kesselheim, Michael S. Sinha Volume 71, Issue 4, 1019-1052 Brand-name prescription drugs are sold at extremely high prices in the US because patents and other market exclusivities provided by the government allow manufacturers to exclude...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4
Michael R. Ulrich Volume 71, Issue 4, 1053-1100 The two landmark gun rights cases, District of Columbia v. Hellerand McDonald v. City of Chicago, came down in 2008 and 2010, respectively. In the decade that has followed, two things have become abundantly clear. First,...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4
Edmund Ursin Volume 71, Issue 4, 1101-1052 Roger Traynor, who served on the California Supreme Court from 1940 to 1970, the last five years as Chief Justice, was one of America’s great judges. This Article compares Traynor’s view of the lawmaking role of courts with...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4
Kevin Costello Volume 71, Issue 4, 1053-1080 While the process of nominating and confirming justices to the U.S. Supreme Court has always been political in nature, the three most recent nominations of Merrick Garland, Neil Gorsuch, and Brett Kavanaugh illustrate the...
by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Volume 71, Issue 4
Gian Gualco-Nelson Volume 71, Issue 4, 1181-1206 Elections create an opportunity for voters to get to know the candidates, but elections also give voters the opportunity to get to know their fellow voters. Campaigns are obligated to disclose the identity of their...
by technology@hastingslawjournal.org | Apr 8, 2020 | Volume 71, Issue 3
Teri Dobbins Baxter Volume 71, Issue 3, 535-588 When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be...
by technology@hastingslawjournal.org | Apr 8, 2020 | Volume 71, Issue 3
Amnon Reichman, Yair Sagy, & Shlomi Balaban Volume 71, Issue 3, 589-636 This Article reveals the untold story of Legal-Net, Israel’s cloud-based judicial management system. While scholarly attention has thus far focused on the narrow question of the impact...
