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University of California, Hastings College of the Law

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Full-Text Articles in Law

Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu Jan 2019

Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu

Hastings International and Comparative Law Review

The Investor-State Dispute Settlement (ISDS) mechanism has been widely used in international treaty-making and invoked many times in crossborder dispute resolution. ISDS is a system where a foreign investor can bring claims against a host state for its discriminatory acts upon the investor. As China pursues a new level of outbound investment in the last decade, the ISDS mechanism will apply particularly in the context of investment disputes involving Chinese investors and foreign countries. This note will examine the evolution of ISDS clauses in China’s Bilateral Investment Treaties (BITs), especially with the European Union (EU), as well as these ...


Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green Jan 2019

Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green

Hastings International and Comparative Law Review

The risk of a large Near-Earth Object (NEO), such as an asteroid, colliding with the Earth is low, but the consequences of that risk manifesting could be catastrophic. Recent years have witnessed an unprecedented increase in global political will in relation to NEO preparedness, following the meteoroid impact in Chelyabinsk, Russia in 2013. There also has been an increased focus amongst states on the possibility of using nuclear detonation, in particular, as a means of diverting or destroying a collision-course NEO, something that a majority of scientific opinion now appears to view as representing humanity’s best—or perhaps only ...


International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku Jan 2019

International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku

Hastings International and Comparative Law Review

In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state- or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and ...


New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello Jan 2019

New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello

Hastings International and Comparative Law Review

In February 2014, the Supreme Court of Mexico, referring to some American cases and scholarly articles, held that punitive damages must be awarded to a tort plaintiff as part of the indemnity afforded by Mexican law under the head of moral damages (daños morales). Before this landmark decision, punitive damages were unknown to the Mexican legal system. The authors submit that the legal transplant carried out in Mexico has a few problems, which concern both the incorrect understanding of the adopted rule and the incompatibility of the host legal system. As a consequence, punitive damages, as they stand now in ...


Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California’S Housing Policy Debates, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber Jan 2019

Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California’S Housing Policy Debates, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber

Hastings Environmental Law Journal

No abstract provided.


Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës, Helga Turku Jan 2019

Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës, Helga Turku

Hastings Environmental Law Journal

No abstract provided.


Suction Dredging In The United States: Current Regulations And Potential Paths Forward, Colin Arsenault Jan 2019

Suction Dredging In The United States: Current Regulations And Potential Paths Forward, Colin Arsenault

Hastings Environmental Law Journal

No abstract provided.


Crop Insurance Reform In The Face Of Climate Change, Perry Elerts Jan 2019

Crop Insurance Reform In The Face Of Climate Change, Perry Elerts

Hastings Environmental Law Journal

No abstract provided.


Masthead Jan 2019

Masthead

Hastings International and Comparative Law Review

No abstract provided.


Technology Transfer And The Trips Agreement Are Developed Countries Meeting Their End Of The Bargain?, David M. Fox Jan 2019

Technology Transfer And The Trips Agreement Are Developed Countries Meeting Their End Of The Bargain?, David M. Fox

Hastings Science and Technology Law Journal

International trade agreements often integrate provisions requiring the transfer of technology from developed to least-developed countries under the assumption that technological development in the world’s poorest countries will help solve pressing global concerns. At first, supplying tangible hardware and equipment to least-developed countries satisfied these trade obligations. Today, however, modern development theory calls for a broader understanding of “technology” to include knowledge, skills, and human resource development. Article 66.2 of the TRIPS Agreement instructs developed country Members to incentivize domestic enterprises and institutions “for the purpose of promoting and encouraging technology transfer to least-developed country Members.” Least-developed countries ...


A New Look At Criminal Liability For Selling Dangerous Vehicles: Lessons From General Motors And Toyota, Steven B. Dow, Nan S. Ellis Jan 2019

A New Look At Criminal Liability For Selling Dangerous Vehicles: Lessons From General Motors And Toyota, Steven B. Dow, Nan S. Ellis

Hastings Business Law Journal

Automobile safety is one of the most serious public health issues facing our country. In addition to the costs in terms of personal injury and death, automobile accidents cost society billions of dollars in lost productivity and medical costs. In 1966, there were over 50,000 deaths from automobile accidents. By 2015, this number had fallen to approximately 35,000 deaths and 2.4 million injuries resulting from automobile accidents. By some measures, this is a remarkable reduction that might lead us to conclude that automobile safety is no longer an important public policy concern. This article argues that automobile ...


Codification Of The Economic Substance Doctrine: Substantive Impact And Unintended Consequences, Rebecca Rosenberg Jan 2019

Codification Of The Economic Substance Doctrine: Substantive Impact And Unintended Consequences, Rebecca Rosenberg

Hastings Business Law Journal

Section 7701(o) of the Internal Revenue Code of 1986 (the “Code”) imports the judicial doctrine of economic substance into statutory language. The economic substance doctrine provides that certain tax benefits can be denied if they go beyond congressional intent, even if all of the literal requirements of the Code and its regulations are met. The doctrine is perpetually controversial and has been the subject of recent litigation. This article argues that codification changed the economic substance doctrine (rather than just copying it into statutory form) and produced unintended consequences, many of which have gone unnoticed. The article analyzes the ...


Bad Behavior: Health Insurance Mega-Mergers, Jacqueline C. Lien Jan 2019

Bad Behavior: Health Insurance Mega-Mergers, Jacqueline C. Lien

Hastings Business Law Journal

2015 marked the beginning of a long battle for two major health insurance companies. On July 3, 2015, health insurance giant and third largest health insurance company by revenue, Aetna, announced that it entered into an agreement to acquire the fifth largest health insurance company, Humana, for $37 billion. Following a similar timeline, on July 24, 2015, second largest, Anthem, negotiated an even bigger merger with Cigna, the fourth largest, for $54.2 billion. Officials from all four companies lauded the benefits of the mergers, stating that the synergies between the respective companies would result in enhanced health care access ...


A Peek Under The Hood: Why Lawmakers Should Strengthen The Current Dmca Exemption For Security And Safety Research Into Car Software, Holden Benon Jan 2019

A Peek Under The Hood: Why Lawmakers Should Strengthen The Current Dmca Exemption For Security And Safety Research Into Car Software, Holden Benon

Hastings Business Law Journal

In the last five years, society has witnessed advancements in automobile technology that Henry Ford himself could not have dreamed. Vehicle software now allows cars to drive themselves; indeed, as of December 2017, close to four dozen vehicle manufacturers have received permits from the California Department of Motor Vehicles for autonomous testing. Many of the advancements in automobile technology involve copyright law, the primary body of law that protects computer source code. Essentially, each line of vehicle source code is protected the same way a film script is protected. Just as camera directions in the script are hidden from movie-goers ...


Competing To Cut Carbon: State Policies, Conflicts With Federally-Regulated Energy Markets, And Recommendations, Arshak Zakarian Jan 2019

Competing To Cut Carbon: State Policies, Conflicts With Federally-Regulated Energy Markets, And Recommendations, Arshak Zakarian

Hastings Business Law Journal

Wholesale power markets currently face challenges from changes in federal regulations and advancements in technology, which have significantly changed the composition of energy generation sources across the United States over the last two decades. States have relied increasingly on policy to increase the presence of clean energy sources in their power mix, such as nuclear energy, due to its reliability and environmental benefits. Natural gas, wind, and solar have seen unprecedented growth in the last five years due to declining fuel source and technology costs. Utilities companies and private companies have invested significantly in infrastructure and technology research, attempting to ...


Masthead Jan 2019

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin Jan 2019

The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin

Hastings Race and Poverty Law Journal

No abstract provided.


“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko Jan 2019

“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko

Hastings Race and Poverty Law Journal

No abstract provided.


Views On Prostitution, Shulamit Almog, Ariel L. Bendor Jan 2019

Views On Prostitution, Shulamit Almog, Ariel L. Bendor

Hastings Women’s Law Journal

The Essay argues that both law and art represent deeply-rooted cultural ambivalences and ethical incoherence towards prostitution. The choice of Picasso's Les Demoiselles d’Avignon as representative of this tension stems from the sui-generis status of the painting in the history of modern art—as an avant-garde which later became a canon. Of the various views evoked by the painting, four are especially prominent: a moralizing, a normalizing, a victimizing and a patheticizing view. The examination of various Western prostitution laws shows that each of the laws simultaneously expresses different perceptions and ideologies about prostitution, much like the views ...


Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson Jan 2019

Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson

Hastings Women’s Law Journal

The tech industry accounts for twenty-one percent of our gross national product. Yet, tech is the most backward of major U.S. industries when it comes to promoting women to leadership positions or positioning them for future ascension into executive positions. Even lower down in the ranks, the number of women tech companies employ has declined from thirtyseven percent of employees in 1995 to twenty-four percent today (2016), with prognostications that the number will decline further, to twenty-two percent or lower in the next decade. As revealed in compensation tables that companies file with the Securities and Exchange Commission, women ...


Hazing In “White” Sororities: Explanations At The Organizational-Level, Gregory S. Parks, Sarah J. Spangenburg Jan 2019

Hazing In “White” Sororities: Explanations At The Organizational-Level, Gregory S. Parks, Sarah J. Spangenburg

Hastings Women’s Law Journal

Hazing has been a persistent issue in a variety of contexts, institutions, and organizations. In forty-four states, legislatures have passed anti-hazing statutes. However, the law, as a whole, has been insufficient to curtail hazing. This Article analyzes this phenomenon by looking through the lens of historically white-predominant sororities. Among the broad range of organizational dynamic, at play are the pervasive cognitive biases among members. Further, sororities face many challenges to integrating new and better information across the membership. Lastly, the Article analyzes a range of organizational dynamics that play a role in sorority members’ collective decision-making processes.


Arizona Gamete Donor Law: A Call For Recognizing Women’S Asymmetrical Property Interest In Pre-Embryo Disposition Disputes, Melissa B. Herrera Jan 2019

Arizona Gamete Donor Law: A Call For Recognizing Women’S Asymmetrical Property Interest In Pre-Embryo Disposition Disputes, Melissa B. Herrera

Hastings Women’s Law Journal

In vitro fertilization (IVF) is a complex series of procedures used to treat fertility or genetic problems and assist with the conception of a child. Through the IVF process, couples and individuals alike can have preembryos created and cryo-preserved for later use. To those who go through the IVF process or are considering doing so, the pre-embryos represent many things, such as hope, flexibility in family planning, and the possibility of a child. It is estimated that over 5 million babies have been born through IVF worldwide, with as many as 620,000 cryo-preserved embryos in the United States alone ...


A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski Jan 2019

A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski

Hastings Women’s Law Journal

According to new research, one in five pregnant women in the United States take some form of opioid during pregnancy, and one in twenty are addicted to opioid medications. In response, the government has increased their attempts to regulate pregnant women’s conduct in order to protect the health of unborn children. Opioid dependent mothers often find themselves subject to being reported to Child Protective Services by doctors and hospital staff for ingesting drugs while pregnant. Individuals’ in substance abuse treatment, including pregnant mothers receiving opioid replacement therapy, are protected from discrimination under the Americans with Disabilities Act. However, mothers ...


Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh Jan 2019

Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh

Hastings Women’s Law Journal

Corrective rape originally referred to rape perpetrated by straight men against lesbians in order to “correct” or “cure” their homosexuality—a punishment for being gay and for violating traditional gender presentation. The term is now used more broadly to refer to the rape of any member of a group that does not conform to gender norms or heterosexuality when the motive of the perpetrator is to “correct” the individual. In the United States, the actual causes of corrective rape are usually ignored or de-emphasized, thereby perpetuating the rates of sexual violence. Sexual violence is often framed in terms of personal ...


Defusing A Ticking Time Bomb: The Complicated Considerations Underlying Compulsory Human Genetic Editing, Grant Hayes Frazier Jan 2019

Defusing A Ticking Time Bomb: The Complicated Considerations Underlying Compulsory Human Genetic Editing, Grant Hayes Frazier

Hastings Science and Technology Law Journal

Gene editing is a type of genetic engineering that enables scientists to change an organism’s DNA by adding, removing, or altering genetic material at particular locations in the human genome. While these editing technologies are in their infancy, they hold great promise for future applications. They also raise many moral, ethical, and legal questions.

Fast forward 10 years. In utero gene editing is effective, safe, and inexpensive (or covered by insurance). A couple with strong religious views against gene editing decides to procreate despite knowing, via family history, they are both homozygous dominant for the allele that causes Huntington ...


Cryptocurrency And The § 1031 Like Kind Exchange, Eli Cole Jan 2019

Cryptocurrency And The § 1031 Like Kind Exchange, Eli Cole

Hastings Science and Technology Law Journal

Cryptocurrency has been called “a fraud” by some and “the next internet” by others. However, since the first Bitcoin was mined in 2009, the growth of the cryptocurrency market capitalization has been exponential—surpassing $800 billion at the beginning of 2018. Not surprisingly, the regulations governing these digital pieces of property have lagged the economic growth. In this Article, I attempt to answer the question: should 26 U.S.C. § 1031 apply to an exchange between cryptocurrencies?

This Article argues that the Internal Revenue Service’s decision to classify cryptocurrency as property, combined with the Securities and Exchange Commission’s ...


Masthead Jan 2019

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


“The Lord’S Work”: An Overview Of Ceqa’S Judicial Remedies And Recommendations For Reform, Michelle Ouellette, Ali Tehrani Jan 2019

“The Lord’S Work”: An Overview Of Ceqa’S Judicial Remedies And Recommendations For Reform, Michelle Ouellette, Ali Tehrani

Hastings Environmental Law Journal

No abstract provided.


Governing Nature Conservation In Political “Hotbeds”: A Contractual Approach, Taufik Haryanto, Kai P. Purnhagen Jan 2019

Governing Nature Conservation In Political “Hotbeds”: A Contractual Approach, Taufik Haryanto, Kai P. Purnhagen

Hastings Environmental Law Journal

No abstract provided.


Thirsty For Justice: The Fight For Safe Drinking Water, Debi Ores Jan 2019

Thirsty For Justice: The Fight For Safe Drinking Water, Debi Ores

Hastings Environmental Law Journal

No abstract provided.