Hastings Law Journal

Time 2020-12-10 08:03:25

Web Name: Hastings Law Journal

WebSite: http://www.hastingslawjournal.org

ID:129438

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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 intent of our country’s founders requires presidential control, including a power to... Read More Corporate Technologies and the Tech Nirvana Fallacy 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 corporate context and analyzes the impact of CorpTech on the future of corporate... Read More Facilitating Money Judgment Enforcement Between Canada and the United States 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 International Law (with U.S. participants, including the Uniform Law... Read More Corporations and the Original Meaning of “Citizens” in Article III 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 for the purposes of diversity jurisdiction, corporations are citizens of the... Read More From Horseback to the Moon and Back: Comparative Limits on Police Searches of Smartphones Upon Arrest 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 providing a “window[] to our inner private lives,” including aspects of our lives... Read More Unearthing the Origins of Quasi-Property Status 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, but does not formally qualify as property. It is a uniquely American,... Read More Beyond Implicit Bias: Litigating Race and Gender Employment Discrimination Using Data from the Workplace Experiences Survey 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 Hamilton Krieger. The implicit bias consensus has two basic components. The first is... Read More About Hastings Law Journal Since 1949, Hastings Law Journal has published scholarly articles, essays, and student Notes on a broad range of legal topics. With close to 100 members, HLJ publishes six issues each year reaching a large domestic and international audience. One of these issues may be dedicated to our periodic symposium, which features speeches, commentaries, and panel discussions on an area of current interest and development in the law.UC Hastings flagship law review has contributed to the advancement of knowledge in legal thinking and case law through scholarly articles written by experts in the legal community. An occasional issue is devoted to a law symposium. Each Journal Volume publishes in December, February, April, May, June, and August. Recent Topics Recent topics have included: “Cybersecurity, Fake News Policy: Dis- and Mis- Information,” “The Legal Dimension of 3D Printing,” “From Bench to Society: Law and Ethics at the Frontier of Genomic Technology,” and “Law Policy of the Developing Brain: Neuroscience from Womb to Death.”De La Torre v. CashCall, Inc., 5 Cal 5th 966 (2018), citing Harry G. Prince, Unconscionability in California: A Need for Restraint and Consistency, from Volume 46.Chen v. Los Angeles Truck Centers, LLC, 7 Cal. 5th 862 (2019), citing Gregory E. Smith, Choice of Law in the United States, from Volume 38. City of Oroville v. Superior Court, 7 Cal. 5th 1091 (2019), citing Arvo Van Alstyne, Inverse Condemnation: Unintended Physical Damage, from Volume 20. SCOCAblog The Hastings Law Journal works jointly with Berkeley Law s California Constitution Center to produce publications focused on substantive coverage of the Supreme Court of California.  We analyze cases and issues before the court, and report news about the court itself.  The contributors include former justices of the court, academics, and advocates experienced in appellate practice before the state high court.View the most recent posts here. Volume 72, Volume 72, Issue 1David 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...read more Volume 72, Volume 72, Issue 1Luca 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...read more Facilitating Money Judgment Enforcement Between Canada and the United States Volume 72, Volume 72, Issue 1James 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...read more Corporations and the Original Meaning of “Citizens” in Article III Volume 72, Volume 72, Issue 1Mark 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...read more Volume 72, Volume 72, Issue 1Alix 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,...read more Volume 71, Issue 5Jonathan 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...read more How Much Procedure Is Needed for Agencies to Change “Novel” Regulatory Policies? Volume 71, Issue 5Ming 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...read more Exceptional Circumstances: Immigration, Imports, the Coronavirus, and Climate Change as Emergencies Volume 71, Issue 5Daniel 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...read more Phone: 415.581.8960Email: hlj@hastingslawjournal.org Help Support HLJ If you or your firm wish to get involved with or show your support for Hastings Law Journal, you can make a donation by clicking here. Spring Symposium: The Jurisprudence of Justice Anthony M. Kennedy On Friday February 1, 2019, U.C. Hastings and its flagship law journal will sponsor an all-day symposium on its campus in San Francisco on the Jurisprudence of Justice Kennedy.For more information, please view our updated press release, here.

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