Law Commons^™

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Hastings Communications and Entertainment Law Journal

No abstract provided.

Free Expression In Private Stadia: The Public-Private Nexus And The Reclamation Of Free Expression In Sport, Michael K. Park

Hastings Communications and Entertainment Law Journal

This Article examines how the degree of government and military entwinement with the private enterprise of sport may provide a sufficient nexus for state action, arming athletes with First Amendment protection they would otherwise not possess against private entities. It reviews sport’s historical and cultural ties to militarism and its venerated symbols before exploring the applicability of the theories of state action within the context of private stadia. Anchored by the symbiotic relationship theory, this Article analyzes how the interdependent relationship between the government/military and private sport enterprise may provide the mutual benefits necessary to establish a sports franchise as …

Gonzalez V. Google: Testing The Boundaries Of Section 230, Ohana Chowdhury

Hastings Communications and Entertainment Law Journal

No abstract provided.

Border Search Rationales Ripe For Abuse, With Journalists Particularly At Risk, Bryan Sykes

Hastings Communications and Entertainment Law Journal

No abstract provided.

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Hastings Race and Poverty Law Journal

No abstract provided.

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

Hastings Race and Poverty Law Journal

No abstract provided.

Capital Punishment For Latine Populations, Morgan Zamora

Hastings Race and Poverty Law Journal

No abstract provided.

Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan

Hastings Race and Poverty Law Journal

No abstract provided.

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.

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 …

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

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 …

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

Hastings Communications and Entertainment Law Journal

No abstract provided.

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Hastings Race and Poverty Law Journal

No abstract provided.

Foreword, Ritchie Lee

Hastings Race and Poverty Law Journal

No abstract provided.

Asian And Muslim Americans Intersections, Solidarity And Striving Ahead, Khaled A. Beydoun

Hastings Race and Poverty Law Journal

No abstract provided.

Poetry Matters, Russell C. Leong

Hastings Race and Poverty Law Journal

No abstract provided.

The Racialization Of Asian-Americans In The United States, Michael Omi

Hastings Race and Poverty Law Journal

No abstract provided.

Immigration Judge Independence Under Attack: A Call To Re-Evaluate The Current Method Of Ij Appointment And Create A Separate Immigration Court System, Nicole Sequeira Tashovski

Hastings Race and Poverty Law Journal

No abstract provided.

Keynote Address: “Asian Americans At A Crossroads”, Frank H. Wu

Hastings Race and Poverty Law Journal

No abstract provided.

The Role Of Esg Rating Agencies And Market Efficiency In Europe’S Climate Policy, Ebbe Rogge, Lara Ohnesorge

Hastings Environmental Law Journal

The European Union (“EU”) set out an ambitious policy agenda to reduce its impact on climate change. Although the popular image is that economic growth and sustainability are practically incompatible, this policy agenda includes measures enabling reallocation of investment towards sustainable projects and companies. This paper posits that, by adopting measures requiring the disclosure of non-financial and in particular Environmental, Social, and Governance (“ESG”) information, EU policy relies on market efficiency to ensure the desired reallocation of investment.

In order for this market efficiency approach to work properly, non-financial information must be accessible, comparable, and verified. This creates a new …

Using Federal Power To Compel Fire Prevention And Address Growing Property Insurance Issues In Wildland-Urban Interface, Brandon A. Prince

Hastings Environmental Law Journal

The Western United States continues to experience devastating wildfire seasons. These severe disasters worsen as climate change lengthens periods of aridity and hotter temperatures. Despite this longstanding and well-documented forecast, wildland-urban interface (“WUI”) development has continued without much restriction over the past thirty years. Insurers who once issued policies in these western WUI regions now experience substantial losses on an annual basis and are reconsidering their approach to market participation in fire-prone areas. In areas with acute fire destruction like California, insurers’ resulting rate increases and non-renewals have forced state government intervention to protect property owners. This tension is emblematic …

Green Bonds: Reforming Esg Regulation In The United States To Meet The Requisite Funding Demand For A Decarbonized Economy, Bryant Rivera

Hastings Environmental Law Journal

At the 2021 United Nations Climate Change Conference (“COP26”) in Glasgow, nations around the world reaffirmed their international commitment to limit average global temperature increases by the end of the century to 1.5 degrees Celsius. This international effort will require a significant amount of funding, one that will demand a substantial restructuring of the U.S. financial market towards a carbon neutral economy. In recent years, green bonds have emerged as the leading financial instrument to finance environmental projects and initiatives. Although the market has seen unprecedented growth, it is nevertheless inhibited by its lack of regulatory structure, with all disclosures …

Violations Of The Eighth Amendment: How Climate Change Is Creating Cruel And Unusual Punishment, Robert Pistone

Hastings Environmental Law Journal

As climate change continues to threaten human life on Earth, greenhouse gas emissions are causing more frequent record-setting temperatures and natural disasters. If the current United States prison system does not take steps to address how climate change is affecting the quality of life of its inmates, then imprisonment will be considered cruel and unusual punishment in the near future. In fact, in light of climate change, there is a strong argument that the current treatment of prisoners is already cruel and unusual punishment when other factors are taken into account. This paper focuses on the standards of what conditions …

Radical Legal Change: Moving Toward Earth Law, Tara Pierce

Hastings Environmental Law Journal

This paper will examine the required paradigm shift in socio-legal philosophical thinking and the shared values between the Public Trust Doctrine and Earth Law. These legal frameworks were born from different social narratives, which greatly impacted their ability to serve the public and the Earth Community. Exploring each legal framework’s origins and current practice will illuminate how the Public Trust Doctrine can bridge the gap between Western legal systems toward Earth Law—a holistic approach to justice in the context of history, society, ecology, and humanity’s relationship with our planet. Earth Law focuses on the roles of beings within their ecosystem, …

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Hastings Communications and Entertainment Law Journal

No abstract provided.

The Jurisprudence Of Public Concern In Anti-Slapp Law: Shifting Boundaries In State Statutory Protection Of Free Expression, Matthew D. Bunker, Emily Erickson

Hastings Communications and Entertainment Law Journal

No abstract provided.

Digital Wild West: Foreign Social Media Bans, Data Privacy, And Free Speech, Tiange (Tim) Chen

Hastings Communications and Entertainment Law Journal

No abstract provided.

From Utilitarianism To Fordism: How Americans Brought The Panopticon Home, Katherine Hoppe

Hastings Communications and Entertainment Law Journal

The COVID-19 pandemic forced many not considered essential employees into their homes. Many employers worried about employee accountability, leveraged surveillance techniques to maximize employee performance and ensure productivity. These technologies include screen monitoring software, video recordings of employees within their homes, monitoring of social media, and typing efficiency. While employees continue to work outside of the office, private employers will increasingly monitor employees in spaces traditionally considered private—including the home. As private and public life spheres continue to overlap, privacy for workers may erode. What kinds of surveillance have employees experienced in their homes since the Covid-19 lockdown orders? Moreover, …