University of Miami School of Law
IIT Chicago-Kent College of Law
Columbia Law School
Seattle University School of Law
University of British Columbia and Canadian Institute for Advanced Research
Northwestern Pritzker School of Law
Washington University School of Law
Universidad de La Salle, Bogotá
How Should Inheritance Law Remediate Inequality?,
2022
University of Cincinnati College of Law
How Should Inheritance Law Remediate Inequality?, Felix B. Chang
Faculty Articles and Other Publications
This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.
Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and spurring savings and investment in low-income households.
T&E scholars are tackling inequality with greater urgency than ever before; yet basic questions remain. The Essay contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality.
Employment Status For “Essential Workers”: The Case For Gig Worker Parity,
2022
Saint Louis University School of Law
Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry
All Faculty Scholarship
This Article explores what I call the “essential worker paradox”: During the pandemic, gig workers have been recognized as providing critical and important services. At the same time, the law has yet to recognize gig workers fully and to commit to providing them with the same basic protections as employees. The Article argues that the stark difference in treatment between gig workers and regular employees has long created unfairness. While views of gig work as a side hustle or work driven by customer convenience may have prevailed in the past, now the meal delivery driver and the on-demand grocery shopper ...
Masthead,
2021
University of California, Hastings College of the Law
Foreword,
2021
University of California, Hastings College of the Law
Foreword, Rebecca Odelson, Sharon Lui-Bettencourt
Hastings Race and Poverty Law Journal
No abstract provided.
Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy,
2021
University of California, Hastings College of the Law
Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang
Hastings Race and Poverty Law Journal
Legal educators who deny the efficacy of utilizing learning style theory inaccurately support their dismissal through misunderstanding and misrepresenting the science supporting such techniques. These erroneous conclusions are often the result of implicit bias and dysconscious racism favoring dominant white male norms and privileges. Such denial is not only disingenuous and inaccurate, but also highly detrimental to legal education, perpetuating a system that discourages and devalues the contributions and efforts of minority students.
Learning style preferences are a product of a student’s cultural background. Legal educators who recognize this and adapt their teaching methods to accommodate the modal preferences ...
California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change,
2021
University of California, Hastings College of the Law
California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk
Hastings Race and Poverty Law Journal
While the new composition of the United States Supreme Court has raised speculation about the fate of Roe v. Wade, for millions in America the promise of a patient’s right to choose an abortion is already a distant illusion.** Decades of work by anti-abortion policymakers has resulted in prohibitive state and federal funding restrictions and widespread clinic closures. But clinicians, advocates, and researchers are optimistic about one way to expand access: medication abortion. Known colloquially as “the abortion pill,” medication abortion is poised to significantly increase access for patients everywhere, and particularly for low-income patients and those who live ...
Operating Within Systems Of Oppression,
2021
University of California, Hastings College of the Law
Operating Within Systems Of Oppression, Karissa Provenza
Hastings Race and Poverty Law Journal
No abstract provided.
Masthead,
2021
University of California, Hastings College of the Law
El Salvador: Root Causes And Just Asylum Policy Responses,
2021
University of California, Hastings College of the Law
El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo
Hastings Race and Poverty Law Journal
Throughout the course of United States history, there has often been a chasm between our ideals as a country, and our actions. Our foreign policy and immigration policy have been no exception – frequently betraying our stated commitment to democracy, respect for human rights, and protection of the persecuted. This article takes a close look at El Salvador, whose nationals make up a significant number of asylum seekers at our border. Our foreign and immigration policies towards El Salvador are illustrative of that gap between ideals and reality. We supported a brutal military during that country’s civil war, and adopted ...
From The Editor-In-Chief,
2021
University of California, Hastings College of the Law
From The Editor-In-Chief, Liliana A. León Rivera
Hastings International and Comparative Law Review
No abstract provided.
Masthead,
2021
University of California, Hastings College of the Law
A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations,
2021
University of California, Hastings College of the Law
A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice De Jonge
Hastings International and Comparative Law Review
This paper uses a comparative method to analyze China’s evolving Social Credit System (SCS) for corporations, and the political discourse used to portray SCS as a governance tool facilitating Corporate Social Responsibility (CSR) with Chinese characteristics. A modified relational governance framework is used. The importance of relationships (guanxi) in the Chinese business context is that it makes a modified form of the relational governance perspective uniquely appropriate. This study also draws upon evolving literature examining the role of artificial intelligence (AI) in international business contexts.
China’s corporate SCS is explicitly designed to evaluate corporate behavior through a “scoring ...
Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model,
2021
University of California, Hastings College of the Law
Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque
Hastings International and Comparative Law Review
Chile recently introduced an innovative food warning label system that intends to reduce current overweight and obesity levels among the Chilean population. This initiative has been generally commended worldwide. Chile’s new food labeling system mandates food producers to include a warning label that resembles a stop sign when the product exceeds a certain level of calories, fat, sodium, and sugar per 100 mg. The idea behind this regulation is that by making health risks more salient to eaters with simplified disclosures, people will change their eating behavior.
As a consequence of this new law, many product markets show a ...
Unilateral Economic Sanctions And Protecting U.S. National Security,
2021
University of California, Hastings College of the Law
Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh
Hastings International and Comparative Law Review
Terrorism remains the most important national security concern. Multi-national economic organizations around the world have increasingly established counter-terrorism commissions to assess the magnitude of the threat posed by terrorism. Economic sanctions have been a counter-terrorism measure for many decades and remain an essential tool of U.S. foreign policy and a mechanism to protect the U.S. national security interests. In recent years, the internationalization of terrorism and emergence of non-state terrorist actors has led the U.S. to use smart targeted sanctions to dismantle financial support of terrorism. Yet, conventional country-specific nation-wide sanctions that penalize a single target nation ...
Foreword,
2021
University of California, Hastings College of the Law
Foreword, Richelle Joy Gernan
Hastings Constitutional Law Quarterly
No abstract provided.
Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law,
2021
University of California, Hastings College of the Law
Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer
Hastings Constitutional Law Quarterly
Department of Justice (“DOJ”) Special Counsel, Robert S. Mueller, III’s two-volume, 448-page Report on the Investigation into Russian Interference in the 2016 Presidential Election (“the Report”), did an outstanding job in evidencing that President Trump’s actions in office satisfied the federal obstruction of justice standards. However, due to Mueller’s limited brief and his concern for maintaining the proper separation of powers, the Report, submitted confidentially to former Attorney General Barr as required by Department of Justice Regulations, abjured a determination as to Presidential criminality. This regulatory confidentiality requirement in conjunction with the requirement that Barr disclose an ...
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti,
2021
University of California, Hastings College of the Law
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
Hastings Constitutional Law Quarterly
No abstract provided.
Disability Rights And The Louisiana Constitution,
2021
University of California, Hastings College of the Law
Disability Rights And The Louisiana Constitution, Derek Warden
Hastings Constitutional Law Quarterly
The Louisiana Constitution contains three Equal Protection Clauses. Article I, section 3 prohibits discriminatory laws; but, as an original matter, should prohibit both discriminatory laws and government conduct. Article I, section 12 prohibits discrimination by individuals (government or private) in regard to access to public places. Finally, article I, section 2, the Due Process Clause, also contains an Equal Protection component. Each clause prohibits discrimination on the basis of “physical condition,” which contains a general “disability” component. Based upon statements from the Louisiana Constitutional Convention and other modalities of constitutional argument, this article concludes that these clauses—individually and in ...
Masthead,
2021
University of California, Hastings College of the Law
Editor’S Forward,
2021
University of California, Hastings College of the Law
Editor’S Forward, Ava Agree
Hastings Journal of Crime and Punishment
No abstract provided.
