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Comparative Cruelty: A Comparative Analysis Of The Eighth Amendment To The United States Constitution And Section Nine Of The New Zealand Bill Of Rights Act, Carrie Leonetti 2020 University of California, Hastings College of the Law

Comparative Cruelty: A Comparative Analysis Of The Eighth Amendment To The United States Constitution And Section Nine Of The New Zealand Bill Of Rights Act, Carrie Leonetti

Hastings Constitutional Law Quarterly

Given that the United States Constitution and the New Zealand Bill of Rights Act both contain prohibitions against governmental acts of cruelty and torture, this Article offers a comparative analysis of the judicial interpretations of the meaning of “cruel” in the prohibition against cruel and unusual punishment in the two country’s founding documents. The Article beings by considering the shared historical underpinnings of the prohibitions, which require a proportionality analysis when assessing whether a punishment is excessive. Next, it examines the meaning of “cruelty” and the scope of the prohibitions in New Zealand and the United States. The Article ...


You Don’T Have To Pay The Troll Toll: Antitrust Violations Of Patent Assertion Entities And The Noerr-Pennington Doctrine “Sham Litigation” Exception, Katheryn M. Wenger 2020 University of California, Hastings College of the Law

You Don’T Have To Pay The Troll Toll: Antitrust Violations Of Patent Assertion Entities And The Noerr-Pennington Doctrine “Sham Litigation” Exception, Katheryn M. Wenger

Hastings Constitutional Law Quarterly

This Note discusses the implications of possible antitrust violations when Patent Assertion Entities (“PAEs”) enforce their vast patent portfolios against alleged infringers by forcing a license of the entire portfolio or threatening continuous and costly litigation. This Note analyzes this PAE conduct under antitrust laws, using Intellectual Ventures I, LLC v. Capital One Financial Corp. as an exemplar case study. Further, the Note explains that PAEs are not immune to antitrust counterclaims under the Noerr-Pennington doctrine because their anticompetitive conduct meets the standard for the “sham litigation” exception to the doctrine. Ultimately, this Note offers preventative solutions to this PAE ...


Foreword, Wendy Melissa Hernandez 2020 University of California, Hastings College of the Law

Foreword, Wendy Melissa Hernandez

Hastings Constitutional Law Quarterly

No abstract provided.


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


Combatting Corruption In The “Era Of Xi Jinping”: A Law And Economics Perspective, Miron Mushkat, Roda Mushkat 2020 University of California, Hastings College of the Law

Combatting Corruption In The “Era Of Xi Jinping”: A Law And Economics Perspective, Miron Mushkat, Roda Mushkat

Hastings International and Comparative Law Review

Pervasive graft, widely observed throughout Chinese history but deprived of proper outlets and suppressed in the years following the Communist Revolution, resurfaced on massive scale when partial marketization of the economy was embraced in 1978 and beyond. The authorities had endeavored to alleviate the problem, but in an uneven and less than determined fashion. The battle against corruption has greatly intensified after Xi Jinping ascended to power in 2012. The multiyear antigraft campaign that has unfolded has been carried out in an iron-fisted and relentless fashion. It has yielded some tangible benefits, yet the negative side of the ledger is ...


Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown 2020 University of California, Hastings College of the Law

Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown

Hastings International and Comparative Law Review

No abstract provided.


Should The Proud Dragon Repent? A Relative Theory For China’S State Capitalist Banking Sector Based On East Asia’S Experience, Yueh-Ping (Alex) Yang 2020 University of California, Hastings College of the Law

Should The Proud Dragon Repent? A Relative Theory For China’S State Capitalist Banking Sector Based On East Asia’S Experience, Yueh-Ping (Alex) Yang

Hastings International and Comparative Law Review

Amidst the U.S.-China trade war, China’s banking sector, the backbone of China’s economy, plays a key role in this battle. China’s banking sector, however, poses a puzzle to contemporary studies of state-owned banks (“SBs”). According to the property right theory, the mainstream SB theory, SBs are negative for the financial and economic development of an economy because it is susceptible to more serious agency problems, excessive political intervention, and conflict of interest between state regulators and state owners. That said, the economic success of China, whose banks are mostly owned and controlled by the Chinese ...


California And The European Union Take The Lead In Data Protection, Dyann Heward-Mills, Helga Turku 2020 University of California, Hastings College of the Law

California And The European Union Take The Lead In Data Protection, Dyann Heward-Mills, Helga Turku

Hastings International and Comparative Law Review

No abstract provided.


Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi 2020 University of California, Hastings College of the Law

Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi

Hastings International and Comparative Law Review

No abstract provided.


From The Editor, Anushri Mehta 2020 University of California, Hastings College of the Law

From The Editor, Anushri Mehta

Hastings International and Comparative Law Review

No abstract provided.


Systems Of Preferential Tax Treatment In The Eu: A Case Study Of Apple, Inc., Constanza Ortiz 2020 University of California, Hastings College of the Law

Systems Of Preferential Tax Treatment In The Eu: A Case Study Of Apple, Inc., Constanza Ortiz

Hastings International and Comparative Law Review

Transfer pricing allows corporations to shift profits from high-tax jurisdictions to low-tax jurisdictions. When employed by multinational corporations, which produce up to 70% of the wordl’s trade, many can shelter billions of dollars in tax havens. This paper explores how this is possible by analyzing the ise of Base Erosion and Profit Shifting Tools in Ireland.


Flipping The Script On Brady, Ion Meyn 2020 University of Wisconsin - Madison

Flipping The Script On Brady, Ion Meyn

Indiana Law Journal

Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this

reason, is understood to burden the prosecutor. This Article asks whether Brady also

benefits the prosecutor, and if so, how and to what extent does it accomplish this?

This Article first considers Brady’s structural impact—how the case influenced

broader dynamics of litigation. Before Brady, legislative reform transformed civil

and criminal litigation by providing pretrial information to civil defendants but not

to criminal defendants. Did this disparate treatment comport with due process?

Brady arguably answered this question by brokering a compromise: in exchange for

imposing minor ...


Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan 2020 Indiana University Maurer School of Law

Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan

Indiana Law Journal

This Comment argues that the Policy should be repealed because it undermines

firmly held First Amendment values and would be considered unconstitutional if

applied to domestic nongovernmental organizations (DNGOs). It proceeds in four

parts. Part I describes the inception of the Policy and contextualizes it among other

antiabortion policies that resulted as a backlash to the U.S. Supreme Court’s

landmark decision in Roe v. Wade. Part II explains the Policy’s actual effect on

FNGOs, particularly focusing on organizations based in Nepal and Peru, and argues

that the Policy undermines democratic processes abroad and fails to achieve its ...


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.


Editors’ Foreword, Tatiana Herschlikowicz, Christopher Johnson 2020 University of California, Hastings College of the Law

Editors’ Foreword, Tatiana Herschlikowicz, Christopher Johnson

Hastings Journal of Crime and Punishment

No abstract provided.


Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine 2020 University of California, Hastings College of the Law

Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine

Hastings Journal of Crime and Punishment

In this piece, I explore the value of consistency in a prosecutor’s office that is committed to racial justice, fiscal responsibility, and strategies to reduce the size of the carceral state. I argue that consistency of process, rather than consistency of outcome, is the principal value that leadership ought to embrace in furtherance of its reformist goals. In prioritizing consistency of process, the office would design a “prosecutorial calculus” to guide line prosecutors’ case management decisions (i.e., it would identify the factors that should influence whether and what to file, how to handle pre-trial release, and what to ...


Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch 2020 University of California, Hastings College of the Law

Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch

Hastings Journal of Crime and Punishment

No abstract provided.


United States V. Stevens At 10: Adding A “Prurient Intent” Element To Resolve Constitutional Overbreadth In The Federal Anti-Animal Cruelty Statute, 18 U.S.C. § 48, Dale Radford 2020 University of California, Hastings College of the Law

United States V. Stevens At 10: Adding A “Prurient Intent” Element To Resolve Constitutional Overbreadth In The Federal Anti-Animal Cruelty Statute, 18 U.S.C. § 48, Dale Radford

Hastings Journal of Crime and Punishment

Ten years ago, in United States v. Stevens, the United States Supreme Court overturned the federal anti-animal cruelty statute 18 U.S.C. § 48 for the first time. The statute was specifically drafted to target the clandestine underground production of so-called “crush videos,” adult entertainment videos depicting animals being purposefully tortured to death by scantily clad women.

The Court overturned the statute for potentially criminalizing portrayals of legal activity with redeeming socio-cultural value, such as hunting. While the Court relied heavily on analyzing speech as it relates to child pornography, it did not address whether depictions of animal torture constitute ...


Blockchain Wills, Bridget J. Crawford 2020 Pace University School of Law

Blockchain Wills, Bridget J. Crawford

Indiana Law Journal

Blockchain technology has the potential to radically alter the way that people have

executed wills for centuries. This Article makes two principal claims—one

descriptive and the other normative. Descriptively, this Article suggests that

traditional wills formalities have been relaxed to the point that they no longer serve

the cautionary, protective, evidentiary, and channeling functions that scholars have

used to justify strict compliance with wills formalities. Widespread use of digital

technology in everyday communications has led to several notable cases in which

individuals have attempted to execute wills electronically. These wills have had a

mixed reception. Four states currently recognize ...


The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan 2020 University of Illinois College of Law

The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan

Indiana Law Journal

In this Article, I take up one slice of what should be a broad re-examination of

U.S. law and policy. I argue that the new attacks have been undertaken by entities

that can and should be designated as foreign terrorist organizations. Doing this would

permit prosecutors to target those who support these entities with tools that are not

currently available. This Article is both a doctrinal argument that directly addresses

the many legal hurdles that make designating groups, such as foreign hackers and

troll farms, terrorist organizations a complicated endeavor, and a policy argument

about how U.S. law ...


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