Jun 8, 2017 | Volume 68, Issue 4
David A. Carrillo Volume 68, Issue 4, 731-776 In 1911, the California Constitution was amended to divide the state’s legislative power by reserving to the electorate the powers of initiative, referendum, and recall. Most of the thinking to date on popular sovereignty...
Jun 8, 2017 | Volume 68, Issue 4
Sharona Hoffman Volume 68, Issue 4, 777-794 While big data offers society many potential benefits, it also comes with serious risks. This Article focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that...
Jun 8, 2017 | Volume 68, Issue 4
Nicholas Mignanelli Volume 68, Issue 4, 795-816 Professor Calvin R. Massey served on the faculty of the University of California, Hastings College of the Law from 1987 until 2012. From 2012 until his death in 2015, he served as the inaugural Daniel Webster...
Jun 8, 2017 | Volume 68, Issue 4
Malinda L. Seymore Volume 68, Issue 4, 817-868 Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp...
Jun 8, 2017 | Volume 68, Issue 4
Amy Leah Holtz Volume 68, Issue 4, 869-908 The era of technology has provided a proliferation of new scientific and technological methods designed to assist individuals and couples to successfully conceive children when they otherwise would not be able to:...
Jun 8, 2017 | Volume 68, Issue 4
Victoria Vlahoyiannis Volume 68, Issue 4, 909-930 California is one of the largest economies in the world. It is home to many of the most successful companies in all sectors, especially health and technology. In recent years arbitration agreements, which have already...
Apr 13, 2017 | Volume 68, Issue 3
Elisabeth de Fontenay Volume 68, Issue 3, 445-502 From its inception, the federal securities law regime created and enforced a major divide between public and private capital raising. Firms that chose to “go public” took on substantial disclosure burdens, but in...
Apr 13, 2017 | Volume 68, Issue 3
Ji Li Volume 68, Issue 3, 503-540 Foreign direct investment (“FDI”) from emerging economies generally exhibits two distinct characteristics: (1) most of the investors thrive in poor regulatory environments, and (2) the visible hand of the state exerts a powerful...
Apr 13, 2017 | Volume 68, Issue 3
Odette Lienau Volume 68, Issue 3, 541-608 Standing in the background of the global legal order are a range of what might be called “market principles” or “market givens”collective presentations or beliefs about how markets workwhich are treated as objective...
Apr 13, 2017 | Volume 68, Issue 3
Jaya Ramji-Nogales Volume 68, Issue 3, 609-656 Migration emergencies are a commonplace feature in contemporary headlines. Pundits offer a variety of causes provoking these emergencies. Some highlight the deadly risks of these journeys for the migrants. Many more...
Apr 13, 2017 | Volume 68, Issue 3
Steve Sanders Volume 68, Issue 3, 657-710 To survive rational basis scrutiny under the Equal Protection Clause, a law must serve a governmental purpose which is at least legitimate. It is well established that legitimate purposes can sometimes be found through...
Apr 13, 2017 | Volume 68, Issue 3
Alyssa Yoshida Volume 68, Issue 3, 711-730 With the help of modern technology, people today have more flexibility than ever before in the realm of family planning and conceiving children. An increasing amount of couples are opting to go through in vitro fertilization...
Feb 10, 2017 | Volume 68, Issue 2
Eric R. Carpenter Volume 68, Issue 2, 225-258 Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the...
Feb 10, 2017 | Volume 68, Issue 2
Jared A. Goldstein Volume 68, Issue 2, 259-308 Movements dedicated to making the United States a “Christian nation” have been a recurrent feature in American politics for more than 150 years. Over that time, however, the relationship between Christian nationalism and...
Feb 10, 2017 | Volume 68, Issue 2
Janine S. Hiller and Jordan M. Blanke Volume 68, Issue 2, 309-56 Smart Cities are designed to ubiquitously collect information about people, places, and activities and to use that data to provide more efficient services and to build resilience against disasters....
Feb 10, 2017 | Volume 68, Issue 2
Deepa Varadarajan Volume 68, Issue 2, 357-96 To obtain trade secret protection, a firm must take reasonable secrecy precautions (“RSP”) to guard the confidentiality of claimed information. The RSP requirement has long puzzled courts and scholars. In other areas of...
Feb 10, 2017 | Volume 68, Issue 2
M. Jake Feaver Volume 68, Issue 2, 397-418 The internet brought plentiful opportunities for sharing content between individuals. However, along with those opportunities, the potential for abuse and intellectual property infringement increased steadily. When Congress...
Feb 10, 2017 | Volume 68, Issue 2
Isabella Langone Volume 68, Issue 2, 419-44 When the marine mammal entertainment industry emerged in the 1960s, companies like SeaWorld captured orcas and dolphins from the wild and put the animals on display to bring joy and entertainment to the masses. In 1972,...
Jan 12, 2017 | Volume 68, Issue 1
Megan M. Carpenter Volume 68, Issue 1, 1-44 Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the...
Jan 12, 2017 | Volume 68, Issue 1
Lyle D. Kossis Volume 68, Issue 1, 45-96 The Constitution gives Congress the power to “define and punish . . . Offences against the Law of Nations.” Congress has used this power to enact various criminal statutes that proscribe certain violations of international law....
Jan 12, 2017 | Volume 68, Issue 1
Yaron Nili Volume 68, Issue 1, 97-158 Director independence is a cornerstone of modern corporate governance. Regulators, scholars, companies, and shareholders have all placed a strong emphasis on director independence as a means to ensure that investors’ interests in...
Jan 12, 2017 | Volume 68, Issue 1
Tracy Hresko Pearl Volume 68, Issue 1, 159-202 Crowd-related injuries and deaths occur with surprising frequency in the United States. In recent years, crowd members in the United States have sustained significant injuries and even fatalities at concerts, sporting...
Jan 12, 2017 | Volume 68, Issue 1
Eric Young Volume 68, Issue 1, 203-24 Patents, by their very nature, are a type of monopoly, and are so important to our country’s intellectual and technological advancement that the Founding Fathers granted Congress the power “to promote the progress of science and...
Sep 8, 2016 | Volume 67, Issue 6
Mark Edwin Burge Volume 67, Issue 6, 1493-550 As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve....
Sep 8, 2016 | Volume 67, Issue 6
Myanna Dellinger Volume 67, Issue 6, 1551-620 “Extreme” weather has become the new normal. Previously considered to be inexplicable and unpredictable “acts of God,” such weather can no longer reasonably be said to be so. They are acts of man. The current doctrine of...
Sep 8, 2016 | Volume 67, Issue 6
Rebecca L. Haffajee Volume 67, Issue 6, 1621-94 he United States is in the midst of a prescription opioid overdose and misuse epidemic. Although many factors have contributed to the escalation of prescription painkiller misuse, it parallels increases in the supply and...
Sep 8, 2016 | Volume 67, Issue 6
David Keenan Volume 67, Issue 6, 1695-732 In recent years, Article III courts have become the preferred venue for the U.S. government to try terrorism suspects captured abroad. Many liberals have welcomed this development, characterizing it as a proper extension of...
Sep 8, 2016 | Volume 67, Issue 6
Jennifer Hom Chen Volume 67, Issue 6, 1733-68 Since the passage of the Charter Schools Act of 1992, charter schools have been hailed for achieving better results for students compared to traditional public schools in California. In particular, charter schools are...
Sep 8, 2016 | Volume 67, Issue 6
Elizabeth Lee Volume 67, Issue 6, 1769-804 Under Title VII of the Civil Rights Act of 1964, an employer can be held liable for harassment or discrimination by a supervisor. In 2013, in Vance v. Ball State University, the Supreme Court narrowed the definition of...
Sep 8, 2016 | Volume 67, Issue 6
Anna Zaret Volume 67, Issue 6, 1805-40 In April 2015, scientists used a new genetic engineering tool known as CRISPR to edit the genes of a human embryo for the first time. CRISPR has made gene editing cheaper, more efficient, and more accurate than ever before. These...
Jun 19, 2016 | Volume 67, Issue 5
Advancing Equal Access to Justice: Barriers, Dilemmas, and Prospects Hon. Tani G. Cantil-Sakauye Volume 67, Issue 5, 1181-90 Keynote Address: University of California Hastings College of the Law, November 12, 2015 Full...
Jun 19, 2016 | Volume 67, Issue 5
Gillian K. Hadfield and Deborah L. Rhode Volume 67, Issue 5, 1191-224 Scholars and critics have for decades advocated change in the professional regulation of legal services markets in order to solve the ever-widening gap in access to justice. One of the central...
Jun 19, 2016 | Volume 67, Issue 5
Earl Johnson Jr. Volume 67, Issue 5, 1225-64 Contrary to its public rhetoric promising “justice for all” and “equal justice under law,” access to civil justice in the United States is “exceptional” only in a negative sense. The Rule of Law Index ranks our nation next...
Jun 19, 2016 | Volume 67, Issue 5
Stacy Brustin and Lisa Martin Volume 67, Issue 5, 1265-98 Parents in family court overwhelmingly proceed pro se; however, in child support courtrooms, government attorneys representing the state child support agency frequently play a pivotal role. These attorneys...
Jun 19, 2016 | Volume 67, Issue 5
Elizabeth L. MacDowell Volume 67, Issue 5, 1299-330 This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental...
Jun 19, 2016 | Volume 67, Issue 5
Ben Barton Volume 67, Issue 5, 1331-66 America’s access to justice woes are paradoxical. We have more lawyers than every country except India and more lawyers per capita than every country except for Israel. We spend more on law as an absolute amount or as a...
Jun 19, 2016 | Volume 67, Issue 5
Colleen F. Shanahan, Anna E. Carpenter, and Alyx Mark Volume 67, Issue 5, 1367-88 Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low-...
Jun 19, 2016 | Volume 67, Issue 5
Marsha M. Mansfield Volume 67, Issue 5, 1389-426 As thousands of litigants access our court systems without lawyers, the debate whether these litigants receive procedural and substantive justice has intensified. Nationwide, eighty percent of those accessing the court...
Jun 19, 2016 | Volume 67, Issue 5
Mary Spector and Ann Baddour Volume 67, Issue 5, 1427-67 As many as forty-four percent of Texans with credit files have nonmortgage debt in collection; this is more than ten percent above the national average. The Authors provide a snapshot of collection practices...
Jun 19, 2016 | Volume 67, Issue 5
Rebecca L. Sandefur and Thomas M. Clarke Volume 67, Issue 5, 1467-92 Most of the civil justice problems Americans experience never receive service from an attorney. Indeed, daily around the country, thousands of people arrive at court not only without a lawyer to...
May 7, 2016 | Volume 67, Issue 4
Kate E. Bloch and Jeffrey Gould Volume 67, Issue 4, 913-56 Insanity law in the United States embodies a convoluted collection of often ill-defined standards. The wrongfulness test, which is used in most U.S. jurisdictions, requires a determination of whether the...
May 7, 2016 | Volume 67, Issue 4
Netta Barak-Corren Volume 67, Issue 4, 957-1022 What role should the behavioral reality of conflicts regarding gender, sexuality, and religious convictions play in the theory and doctrine of antidiscrimination law? Although the past several decades have seen...
May 7, 2016 | Volume 67, Issue 4
Sarah Sherman-Stokes Volume 67, Issue 4, 1023-66 In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency...
May 7, 2016 | Volume 67, Issue 4
Teneille R. Brown, James Tabery, and Lisa G. Aspinwall Volume 67, Issue 4, 1067-86 What makes a study valid or invalid? In 2013, the Hastings Law Journal published a law review article by law professor Deborah Denno entitled What Real-World Cases Tell Us About Genetic...
May 7, 2016 | Volume 67, Issue 4
Taryn Jones Volume 67, Issue 4, 1087-118 In Williams v. Illinois, the division of the U.S. Supreme Court created substantial confusion as to the proper application of the Confrontation Clause to forensic witnesses. In the decision, the Court affirmed the conviction of...
May 7, 2016 | Volume 67, Issue 4
Michael J. Montgomery Volume 67, Issue 4, 1119-52 The U.S. health care system is expensive, fragmented, poorly organized, and fails too often to deliver high quality care that is both accessible and cost efficient. In 2014, Americans spent an estimated $3.1 trillion...
May 7, 2016 | Volume 67, Issue 4
Sarah M. Winfield Volume 67, Issue 4, 1153-80 After over a decade of advocacy on behalf of women fleeing their home countries because of horrific domestic violence, practitioners and legal scholars obtained a precedential legal victory in August 2014. In In re...
Mar 22, 2016 | Volume 67, Issue 3
Ryan B. Stoa Volume 67, Issue 3, 565-622 Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington, D.C....
Mar 22, 2016 | Volume 67, Issue 3
Josh Blackman Volume 67, Issue 3, 623-86 The story of our Constitution is a tale of two liberties: individual freedom and collective freedom. The inherent tension between these two is well known. Judicial protection of individual liberty inhibits the collective from...
Mar 22, 2016 | Volume 67, Issue 3
Eliav Lieblich Volume 67, Issue 3, 687-748 In 1945, the United Nations Charter famously set out “to save succeeding generations from the scourge of war.” Having in mind traditional interstate wars, the Charter’s Article 2(4) outlawed, for the first time, interstate...
Mar 22, 2016 | Volume 67, Issue 3
Evelyn Keyes Volume 67, Issue 3, 749-806 With the epigram, “The fox knows many things, but the hedgehog knows one great thing,” Ronald Dworkin, America’s foremost contemporary legal philosopher, summarized his lifelong quest for the objectively true laws necessary to...
Mar 22, 2016 | Volume 67, Issue 3
Laura Lee Gildengorin Volume 67, Issue 3, 807-48 In 2011, two-thirds of murdered women died at the hands of a current or former intimate partner who used a firearm. Thus, it is imperative to remove guns from the control of domestic violence offenders. With increased...
Mar 22, 2016 | Volume 67, Issue 3
Samantha Nolan Volume 67, Issue 3, 849-80 Large technology corporations are purchasing smaller companies at an increasing rate with one goal in mind—engineers. This practice has recently been given its own name—acqui-hiring. The buying corporation purchases the...
Mar 22, 2016 | Volume 67, Issue 3
Nicole Wredberg Volume 67, Issue 3, 881-912 The National Labor Relations Act (“NRLA”) was born out of the industrial strife of the Great Depression and provides for employee collective rights in order to prevent the potentially devastating economic consequences of an...
Feb 9, 2016 | Volume 67, Issue 2
Anne D. Gordon Volume 67, Issue 2, 323-66 Plaintiffs’ victory in Vergara v. State, a case about teacher evaluation and employment regulations, has thrust the issue of educational adequacy into the spotlight in California. Campaign for Quality Education v. State, a...
Feb 9, 2016 | Volume 67, Issue 2
Harold J. Krent and Scott Morris Volume 67, Issue 2, 367-406 This study of federal court decisionmaking asks whether characteristics of a jurist including age, race, gender, and work experience, can affect results in the context of the nation’s most frequently...
Feb 9, 2016 | Volume 67, Issue 2
Seana Valentine Shiffrin Volume 67, Issue 2, 407-42 This Article considers the growing trend to enforce liquidated damages agreements or what I think are more felicitously called “remedial clauses.” I criticize this trend on the grounds that a permissive approach to...
Feb 9, 2016 | Volume 67, Issue 2
Olivier Sylvain Volume 67, Issue 2, 443-98 One of the clear goals of the federal Communications Act is to ensure that all Americans have reasonably comparable access to the Internet without respect to whom or where they are. Yet the main focus of policymakers and...
Feb 9, 2016 | Volume 67, Issue 2
Regina Durr Volume 67, Issue 2, 499-530 The purpose of this Note is to show how force majeure can excuse Japan from its reduced CO2 emissions target due under the Kyoto Protocol. The Kyoto Protocol is the first and only binding international agreement to reduce CO2...
Feb 9, 2016 | Volume 67, Issue 2
Lesley Rae Hamilton Volume 67, Issue 2, 531-64 On May 20, 2014 the House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). The SAVE Act would have amended the federal criminal code to prohibit “advertising commercial sex...
