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University of California, Hastings College of the Law

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Full-Text Articles in Law

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk Dec 2023

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk

Hastings Law Journal

The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts as …


“Cancel Culture” And Criminal Justice, Steven Arrigg Koh Dec 2023

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

Hastings Law Journal

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …


Masthead Jan 2023

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Ea Sports: It’S In The Federal Legislation, Gia Silahian Jan 2023

Ea Sports: It’S In The Federal Legislation, Gia Silahian

Hastings Communications and Entertainment Law Journal

No abstract provided.


Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray Jan 2023

Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray

Hastings Communications and Entertainment Law Journal

No abstract provided.


Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen Jan 2023

Welcome To Web 3.0: A Reevaluation Of Music Licensing And Consumption To Level The Payment Imbalance For Songwriters, Chelsea Cohen

Hastings Communications and Entertainment Law Journal

For decades, songwriters have been short changed in their music royalties and copyright splits. This Note explores the historical inequity between songwriters and their counterparts—labels and recording artists—in royalty receipts, and potential methods by which this wrong may be righted in the next iteration of the internet, Web 3.0. Battles of the past can serve as a frame of reference in evaluating how songwriters will be compensated in Web 3.0. Tech companies cannot have a free pass to disregard licensing laws in the name of fast profits. This Note analyzes how music will be consumed and profited off of in …


Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi Jan 2023

Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi

Hastings Communications and Entertainment Law Journal

Formula One (F1), the highest form of motorsport, is one of the fastest-growing sports in the United States, attracting millions of viewers and billions of dollars in investment and prize money. But recent events in F1 have raised questions about the fairness of the sport. This Article contends that the current system of officiating creates unfair outcomes, because officials have overwhelming discretion to make pivotal decisions that significantly impact the outcome of races, and because penalties are applied inconsistently and cannot be appealed. Given the increased professionalization of F1 and the high financial stakes involved, these problems need to be …


Redirecting The Herd: Informing Cryptocurrency Regulations Through The Lens Of Behavioral Science, Jonathan Su Jan 2023

Redirecting The Herd: Informing Cryptocurrency Regulations Through The Lens Of Behavioral Science, Jonathan Su

Hastings Science and Technology Law Journal

Conversations on cryptocurrencies have become a mainstay in society today, whether that be on social media or in individual conversations. The cultural and social impact of cryptocurrency is undeniable and, as conversations with cryptocurrency supporters would suggest, lead to a positive impact in the lives of those that invest in the currency. However, cracks are showing in the patchwork of cryptocurrency regulations throughout the United States as cryptocurrency scams run amok, resulting in losses for innocent investors. Although attention is placed upon the decisions of individual companies or executives in explaining cryptocurrency scams, little discussion is present regarding investor behaviors …


Masthead Jan 2023

Masthead

Hastings Science and Technology Law Journal

No abstract provided.


The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler Jan 2023

The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler

Hastings Science and Technology Law Journal

Not only is Artificial Intelligence (AI) present everywhere in people’s lives, but the technology is also now capable of making unpredictable decisions in novel situations. AI poses issues for the United States’ traditional criminal law system because this system emphasizes mens rea’s importance in determining criminal liability. When AI makes unpredictable decisions that lead to crimes, it will be impractical to determine what mens rea to ascribe to the human agents associated with the technology, such as AI’s creators, owners, and users. To solve this issue, the United States’ legal system must hold AI’s creators, owners, and users strictly liable …


Regulating The Digital Resonance, Hassan Salman Jan 2023

Regulating The Digital Resonance, Hassan Salman

Hastings Science and Technology Law Journal

The proliferation of automated content moderation in social media has negatively impacted users’ (individuals, businesses, and governments) selfexpressions. Major social media platforms like Facebook act as public forums for billions of users whose content may vary in terms of acceptability and legality. User content is colored by social as well as personal norms, values and experiences. For example, though blasphemy may be objectionable in Poland, it may not be so in France. However, despite facing some mistrust over how Facebook and other platforms handle user data and moderate content, users rely on the entities like Facebook to correctly filter this …


One Map To Rule Them All: Google Maps And Quasi-Sovereign Power In International Legal Disputes, Catherine Grace Katz Jan 2023

One Map To Rule Them All: Google Maps And Quasi-Sovereign Power In International Legal Disputes, Catherine Grace Katz

Hastings Science and Technology Law Journal

With 80% market share, Google Maps has become the most powerful digital mapping platform in the world to such an extent that users often believe Google Maps represents an objectively accurate and universally truthful depiction of the world. The desire to create a single, objective map for the whole world dates to the turn of the 20th Century, even though objectivity and cartography are inherently at odds—a notion that has long complicated the status of maps as evidence in domestic and international law. However, growing acceptance of GIS maps as evidence in both domestic and international courts highlights the importance …


Reducing Single-Use Plastic Waste: A Better Alternative To The Reduce Act Tax Proposal, Ryann Wong Jan 2023

Reducing Single-Use Plastic Waste: A Better Alternative To The Reduce Act Tax Proposal, Ryann Wong

Hastings Science and Technology Law Journal

This article will discuss the relevant and imminent need for government intervention to curb and reduce single-use plastic waste. It will look at the proposed 2019 REDUCE Act and consider potential outcomes and unintended consequences which the proposed plan may bring. The article will analyze the REDUCE Act through a discussion of: how similar policies have fared in the past, a historical survey of single-use plastics in US supply chain practices, how past tax laws have had a disproportionate impact on low-income taxpayers, the current market demands for single-use plastics, and an observation of how other countries are applying tax …


Reversing The Irreversible: Mitigating Legal Risks Of Blockchain-Based Data Breach Through Corporate Governance, Katayoon Beshkardana Jan 2023

Reversing The Irreversible: Mitigating Legal Risks Of Blockchain-Based Data Breach Through Corporate Governance, Katayoon Beshkardana

Hastings Science and Technology Law Journal

The European General Data Protection Regulation (GDPR) embodies a set of enforceable data subject rights, data controller and processor obligations, and compliance requirements. The GDPR outreach is extraterritorial and impacts US blockchain-based businesses that collect and process personal data of individuals from the EU. Given the ambiguities of the law itself surrounding what is considered as personal data on blockchain, and who data controllers and processors are, this research examines the corporate governance response to the GDPR as a bottom-up solution for compliance. To secure the sustainability of the business models based on blockchain solutions there is an immediate need …


Court Polarization: A Comparative Perspective, Iddo Porat Jan 2023

Court Polarization: A Comparative Perspective, Iddo Porat

Hastings International and Comparative Law Review

Polarization is on the rise around the globe. Political views are driven to the poles, and moderate views are weakened. Many studies have been carried out on the increase in social and political polarization, but far fewer on the effects of polarization on constitutional and supreme courts, and none on a comparative or global scale. This Article attempts to fill this gap. It aims, for the first time, to describe and typologize the effects of political polarization on constitutional and supreme courts in different parts of the world.

The Article identifies three models of such effects: mirror polarization (the U.S.) …


From The Editor-In-Chief, Monica Ratajczak Jan 2023

From The Editor-In-Chief, Monica Ratajczak

Hastings International and Comparative Law Review

No abstract provided.


The Certainty-Severity Tradeoff In Antitrust Law And Administration: Where The United States And India Differ, Akhil Sud Jan 2023

The Certainty-Severity Tradeoff In Antitrust Law And Administration: Where The United States And India Differ, Akhil Sud

Hastings International and Comparative Law Review

In this paper, I use the certainty-severity tradeoff as my analytical lens—a novel move in antitrust—to explain the difference between U.S. and Indian antitrust law. I argue that, in antitrust, India prefers certainty of enforcement while the U.S. prefers severity of enforcement. This difference is not driven by doctrine or economic policy; rather, I locate this difference in six key institutional factors. And using economic theory, I argue that a difference in social attitudes to risk explains and justifies this institutionally-manifested difference in law.


Masthead Jan 2023

Masthead

Hastings Business Law Journal

No abstract provided.


Foreword, Nicholas Keenan, Senya Merchant, Clara Lane Jan 2023

Foreword, Nicholas Keenan, Senya Merchant, Clara Lane

Hastings Business Law Journal

No abstract provided.


The Security-Shaped Hole In Global Anti-Corruption: Closing The Loop On The Fcpa, Tarun Krishnakumar Jan 2023

The Security-Shaped Hole In Global Anti-Corruption: Closing The Loop On The Fcpa, Tarun Krishnakumar

Hastings Business Law Journal

Despite the significant interplays between national security and corruption, discourse around the national security dimensions of the Foreign Corrupt Practices Act (FCPA) – the most prominent global anticorruption framework – has been limited. With the deepening of global economic dependencies and data flows in critical areas such as telecommunications and ICT, there is ample reason to suggest that the use of private sector entities by governments for national security (e.g., intelligence-gathering) purposes is only likely to become more common. Recent controversies around the activities of Crypto AG and Huawei only serve to support this trend.

Within this broad context, this …


Don’T Let The Green Grass Fool You: Green Contingent Convertible Bonds And Their Role In The Pursuit Of A Sustainable Economy, Eyolf Aaro Jan 2023

Don’T Let The Green Grass Fool You: Green Contingent Convertible Bonds And Their Role In The Pursuit Of A Sustainable Economy, Eyolf Aaro

Hastings Business Law Journal

This paper exposes some prominent issues that arise when banks label their contingent convertible bonds (CoCos) as “green,” and proposes a mechanism to improve green CoCos as climate change mitigation instruments. The green label is weakly protected due to regulatory requirements for capital instruments issued by banks. Current and proposed green bond frameworks, when applied to standard green bonds are insufficient in ensuring real environmental impacts from the bonds, are not prepared for the novelty of labeling CoCos as green. The result is a financial instrument through which issuing banks unsuccessfully try to achieve both regulatory and environmental aims. The …


Attack On Antitrust: Preventing A Grim Future For Anime Streaming, Michael L. Cederblom Jan 2023

Attack On Antitrust: Preventing A Grim Future For Anime Streaming, Michael L. Cederblom

Hastings Business Law Journal

No abstract provided.


The Collapse Of The Turnover-Proof Business Model: Combatting A Labor Crisis, Simran Thiara Jan 2023

The Collapse Of The Turnover-Proof Business Model: Combatting A Labor Crisis, Simran Thiara

Hastings Business Law Journal

No abstract provided.


Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert Jan 2023

Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert

Hastings International and Comparative Law Review

Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). If approved, states would be permitted to adopt domestic measures suspending the minimum protections afforded to Covid-19 vaccine patents under the TRIPS Agreement. In this article, I consider whether the owners of Covid-19 vaccine patents may have a compensable indirect expropriation claim under investment treaty arbitration against …


Masthead Jan 2023

Masthead

Hastings International and Comparative Law Review

No abstract provided.


Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge Jan 2023

Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge

Hastings International and Comparative Law Review

No abstract provided.


Masthead Jan 2023

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Foreword, John Akinwole Jan 2023

Foreword, John Akinwole

Hastings Race and Poverty Law Journal

No abstract provided.


“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes Jan 2023

“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes

Hastings Race and Poverty Law Journal

No abstract provided.


Capital Punishment For Latine Populations, Morgan Zamora Jan 2023

Capital Punishment For Latine Populations, Morgan Zamora

Hastings Race and Poverty Law Journal

No abstract provided.