Content Posted in 2021
A Common Law Perspective on the Supreme Court and its Functions, Richard L. Marcus
A Critique of Jurisdictionality, Scott Dodson
Addressing Allyship in a Time of a “Thousand Papercuts”, Rangita de Silva de Alwis
Advancement & Communications Committee Meeting - Agenda 02/18/2021, UC Hastings Board of Directors
Advancement & Communications Committee Meeting - Agenda 05/13/2021, UC Hastings Board of Directors
Advancement & Communications Committee Meeting - Agenda 08/19/2021, UC Hastings Board of Directors
Advancement & Communications Committee Meeting - Agenda 11/10/2021, UC Hastings Board of Directors
Advancement & Communications Committee Meeting - Notice 02/18/2021, UC Hastings Board of Directors
Advancement & Communications Committee Meeting - Notice 05/13/2021, UC Hastings Board of Directors
Advancement & Communications Committee Meeting - Notice 08/19/2021, UC Hastings Board of Directors
Advancement & Communications Committee Meeting - Notice 11/10/2021, UC Hastings Board of Directors
A “Journey” Through Band Agreements, Jordan M. Whitford
A Legend in His Own Time, and a Fixer for Mass Tort Litigation, Richard L. Marcus
All I Want for Christmas Is a Carbon Sink, Tori Timmons
An Aye Aye for an Aye Aye: Making Biodiversity Offsets Sustainable, David Takacs
Anti-GMO and Vaccine-Autism Public Policy Campaigns in the Court of Public Opinion, Robert C. Bird
Antitrust Law: Pharmaceutical “Pay for Delay” Reexamined, Robin Feldman
An Unappreciated Constraint on the President's Pardon Power, Aaron J. Rappaport
An Updated Analysis of Corporate Behavior and the Tax Cuts and Jobs Act, Nicholas H. Cohen and Manoj Viswanathan
Application of the Child Soldiers Prevention Act to Myanmar: A Case Study in How a Simple Statute Insufficiently Addresses a Complex Problem, Anuradha Lingappa
A Relational Governance Perspective on the Politics of China’s Social Credit System for Corporations, Alice de Jonge
Bankruptcy: Bankruptcy Hardball, Jared Ellias
Bankruptcy Hardball, Jared A. Ellias and Robert J. Stark
BART: The Enron of Public Transit The Need for CSR in U.S. Public Transportation, Nicole Mirkazemi
Between Law and Diplomacy: The Conundrum of Common Law Immunity, Chimene Keitner
Big Tech’s Buying Spree and the Failed Ideology of Competition Law, Mark Glick, Catherine Ruetschlin, and Darren Bush
Board of Directors Meeting - Closed Agenda 03/11/2021, UC Hastings Board of Directors
Board of Directors Meeting - Notice 03/11/2021, UC Hastings Board of Directors
Board of Directors Meeting - Open Agenda 03/11/2021, UC Hastings Board of Directors
Board of Directors Quarterly Meeting - Closed Agenda 06/04/2021, UC Hastings Board of Directors
Board of Directors Quarterly Meeting - Closed Agenda 09/10/2021, UC Hastings Board of Directors
Board of Directors Quarterly Meeting - Notice 06/04/2021, UC Hastings Board of Directors
Board of Directors Quarterly Meeting - Notice 09/10/2021, UC Hastings Board of Directors
Board of Directors Quarterly Meeting - Open Agenda 06/04/2021, UC Hastings Board of Directors
Board of Directors Quarterly Meeting - Open Agenda 09/10/2021, UC Hastings Board of Directors
Board of Directors Special Meeting - Agenda 05/11/2021, UC Hastings Board of Directors
Board of Directors Special Meeting - Agenda 11/02/2021, UC Hastings Board of Directors
Board of Directors Special Meeting - Notice 05/11/2021, UC Hastings Board of Directors
Board of Directors Special Meeting - Notice 11/02/2021, UC Hastings Board of Directors
Bottleneck: The Place of County Jails in California’s COVID-19 Correctional Crisis, Hadar Aviram
Brave New World: Technology and Tort Practice, Richard L. Marcus
Buyer Beware: An Exploratory Assessment of the Static and Dynamic Effects of the New Chilean Food Labeling Model, Omar Vasquez Duque
By-Laws Standing Order Review Committee Meeting - Agenda 05/18/2021, UC Hastings Board of Directors
By-Laws Standing Order Review Committee Meeting - Agenda 09/03/2021, UC Hastings Board of Directors
By-Laws Standing Order Review Committee Meeting - Agenda 11/04/2021, UC Hastings Board of Directors
By-Laws Standing Order Review Committee Meeting - Notice 05/18/2021, UC Hastings Board of Directors
By-Laws Standing Order Review Committee Meeting - Notice 09/03/2021, UC Hastings Board of Directors
By-Laws Standing Order Review Committee Meeting - Notice 11/04/2021, UC Hastings Board of Directors
California’s SB 1437 and Its Applicability to Attempted Murder Liability, Violeta Alvarez
Chancellor and Dean Reappointment Committee Meeting - Agenda 07/26/2021, UC Hastings Board of Directors
Chancellor and Dean Reappointment Committee Meeting - Agenda 08/23/2021, UC Hastings Board of Directors
Chancellor and Dean Reappointment Committee Meeting - Agenda 10/04/2021, UC Hastings Board of Directors
Chancellor and Dean Reappointment Committee Meeting - Notice 07/26/2021, UC Hastings Board of Directors
Chancellor and Dean Reappointment Committee Meeting - Notice 08/23/2021, UC Hastings Board of Directors
Chancellor and Dean Reappointment Committee Meeting - Notice 10/04/2021, UC Hastings Board of Directors
Cinderella’s Slipper: A Better Approach to Regulating Cryptoassets as Securities, Carol R. Goforth
Civil Procedure: A Critique of Jurisdictionality, Scott Dodson
Civil Procedure: The Zooming of Federal Civil Litigation, Scott Dodson
Climate Change Regulation, Preemption, and the Dormant Commerce Clause, Tyler Runsten
Coequal Federalism and Federal-State Agencies, Dave Owen and Hannah Jacobs Wiseman
Comment on Griffith’s Deal Insurance: The Continuing Scramble Among Professionals, Abraham Cable
Commercial Law Intersections, Giuliano G. Castellano and Andrea Tosato
Compliance or Complaints? The Impact of Private Enforceability of Lactation Break Time and Space Laws, Liz Morris and Jessica Lee
Congress's Power over Militay Offices, Zachary S. Price
Consequences of Police in Schools: The Criminalization of Children in an Era of Mass Incarceration, Katherine Elizabeth Holloway
Considerations in Mandating a New Covid-19 Vaccine in the USA for Children and Adults, Dorit R. Reiss and Arthur J. Caplan
Conspiracy Speech: Reimagining the First Amendment in the Age of QAnon, Justin Hyland
Constitutional Law: Blockchain’s Challenge for the Fourth Amendment, Paul Belonick
Contaminated Relationships in the Opioid Crisis, Elissa Philip Gentry and Benjamin J. McMichael
Corporate Law: Does Trados Matter?, Abraham J.B. Cable
COVID-19 and Regulating Vaccines, Dorit R. Reiss
COVID-19 Antibody Testing as a Precondition for Employment: Ethical and Legal Considerations, Sara Gerke, Gali Katznelson, Dorit R. Reiss, and Carmel Shachar
COVID-19 Vaccines and their Pitfalls in Informed Consent, Yousef Haik and Eleni Polymenopoulou
Creative Differences: Indigenous Artists and the Law at 20th Century Nation-Building Exhibitions, Lucas Lixinski and Stephen Young
Cybercrime vs. Cyberwar: Paradigms for Addressing Malicious Cyber Activity, Mieke Eoyang and Chimene Keitner
Damages for Noneconomic Harm in Intellectual Property Law, Thomas F. Cotter
"Death is Different" and a Refugee's Right to Counsel, John Mills, Kristen M. Echemendia, and Stephen Yale-Loehr
Development and Application of Business Valuation Methods by the Delaware Courts, Edmund H. Mantell and Edward Shea
Digging the Rabbit Hole, COVID-19 Edition: Anti-Vaccine Themes and the Discourse Around COVID-19, Tara C. Smith and Dorit R. Reiss
Disability Rights and The Louisiana Constitution, Derek Warden
Editor’s Forward, Ava Agree
Educational Policy Committee Meeting – Agenda 05/13/2021, UC Hastings Board of Directors
Educational Policy Committee Meeting – Agenda 08/19/2021, UC Hastings Board of Directors
Educational Policy Committee Meeting – Agenda 11/10/2021, UC Hastings Board of Directors
Educational Policy Committee Meeting – Closed Agenda 02/18/2021, UC Hastings Board of Directors
Educational Policy Committee Meeting – Notice 02/18/2021, UC Hastings Board of Directors
Educational Policy Committee Meeting – Notice 05/13/2021, UC Hastings Board of Directors
Educational Policy Committee Meeting – Notice 08/19/2021, UC Hastings Board of Directors
Educational Policy Committee Meeting – Notice 11/10/2021, UC Hastings Board of Directors
Educational Policy Committee Meeting – Open Agenda 02/18/2021, UC Hastings Board of Directors
Electronic Form Over Substance: eSignature Laws Need Upgrades, Lothar Determann
El Salvador: Root Causes and Just Asylum Policy Responses, Karen Musalo
Employer-Mandated Vaccination for COVID-19, Mark A. Rothstein, Wendy E. Parmet, and Dorit R. Reiss
Employment Law: Proving Racial and Gender Bias Under Title VII, Joan C. Williams
Estimating the Need for Additional Bankruptcy Judges in Light of the COVID-19 Pandemic, Benjamin Iverson, Jared A. Ellias, and Mark Roe
Evidence: Evidence of Memory from Brain Data, Emily Murphy
Evidence of Memory from Brain Data, Emily R. Murphy and Jesse Rissman
FedAccounts: Digital Dollars, John Crawford, Lev Menand, and Morgan Ricks
Finance Committee Meeting - Closed Agenda 02/18/2021, UC Hastings Board of Directors
Finance Committee Meeting - Closed Agenda 05/13/2021, UC Hastings Board of Directors
Finance Committee Meeting - Closed Agenda 08/19/2021, UC Hastings Board of Directors
Finance Committee Meeting - Closed Agenda 11/10/2021, UC Hastings Board of Directors
Finance Committee Meeting - Notice 02/18/2021, UC Hastings Board of Directors
Finance Committee Meeting - Notice 05/13/2021, UC Hastings Board of Directors
Finance Committee Meeting - Notice 08/19/2021, UC Hastings Board of Directors
Finance Committee Meeting - Notice 11/10/2021, UC Hastings Board of Directors
Finance Committee Meeting - Open Agenda 02/18/2021, UC Hastings Board of Directors
Finance Committee Meeting - Open Agenda 05/13/2021, UC Hastings Board of Directors
Finance Committee Meeting - Open Agenda 08/19/2021, UC Hastings Board of Directors
Finance Committee Meeting - Open Agenda 11/10/2021, UC Hastings Board of Directors
Financial Benchmark Control as Monopoly Power, Sharon E. Foster
For an Anti-discrimination Act for Cyberspace: Two-Sided Pricing, Walled Gardens, and the Depletion of the Marketplace of Ideas, Julien Mailland
Foreword, Kathryn M. Apsens
Foreword, Richelle Joy Gernan
Foreword, Richelle Joy Gernan
Foreword, Rebecca Odelson and Sharon Lui-Bettencourt
Foreword, Lauren Goto and Alex Crutchfield
Foreword, Nicholas G. Garaufis The Honorable
Foreword, Ritchie Lee
For the Betterment of All mankind Claiming the Benefits of Outer Space Through Intellectual Property Rights, Maeve Dineen
From the Editor-in-Chief, Liliana A. León Rivera
From the Editor-in-Chief, Ashlee Raskulinecz
Government Activism in Bankruptcy, Jared A. Ellias and George Triantis
Groundwater Recharge for a Regional Water Bank: Kern Water Bank, Kern County, California, Michael Kiparsky, Kathleen Miller, Phoebe Goulden, Anita Milman, and Dave Owen
Have You Updated Your Toaster? Transatlantic Approaches to Governing the Internet of Everything, Scott J. Shackelford and Scott O. Bradner
Health Care Civil Rights Under Medicare for All, Valarie K. Blake
Health Law: Physician Aid in Dying and Assessment of Patient Capacity, Lois A. Weithorn
Health Law: Vaccine Mandates: A Primer, Dorit Reiss
Hedonic-Loss Damages That Optimally Deter: An Alternative to “Value of a Statistical Life” That Focuses on Both Decedent and Tortfeasor, Michael Pressman
How Congress Can Help Raise Vaccine Rates, Dorit R. Reiss and Y. Tony Yang
How the “Exception” Becomes the Standard, Margeaux Bergman
Imposter Syndrome for Women in Male Dominated Careers, Julia T. Crawford
Innovation and Own Prior Art, Amy R. Motomura
Institutionalizing the Centers for Disease Control and Prevention's Independence, Dorit R. Reiss
Intellectual Property: Naked Price & Pharmaceutical Trade Secret Overreach, Robin Feldman
Introduction, David Faigman
Introduction: Students’ Solutions to a Super Wicked Problem, David Takacs
June 10, 2021 – COVID-19 Vaccination Policy, UC Hastings College of the Law
June 8, 2021 – Frequently asked questions about the COVID-19 vaccination policy, UC Hastings College of the Law
Juvenile Life Without Parole in Law and Practice: Chronicling the Rapid Change Underway, John Mills, Anna M. Dorn, and Amelia Courtney Hritz
Katz and Covid-19 How a Pandemic Changed the Reasonable Expectation of Privacy, Wayne Unger
Law, Land Use, and Groundwater Recharge, Dave Owen
Legal and Policy Responses to Vaccine-Preventable Disease Outbreaks, Leila Barraza, Dorit R. Reiss, and Patricia Freeman
Liberty or Licentiousness: Disinsenting, Disparaging, and Scandalous Marks Post-Tam and Brunetti, llewellyn Joseph Gibbons
Litigating California Contracts, Curtis E.A. Karnow
Mandating Discretion: Juvenile Sentencing Schemes after Miller v. Alabama, Jennifer S. Breen and John Mills
Meeting of the Executive Committee - Agenda 01/05/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Agenda 02/02/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Agenda 05/04/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Agenda 06/28/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Agenda 10/05/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Agenda 11/02/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Closed Agenda 03/02/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Closed Agenda 04/06/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Notice 01/05/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Notice 02/02/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Notice 03/02/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Notice 04/06/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Notice 05/04/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Notice 06/28/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Notice 10/05/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Notice 11/02/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Open Agenda 03/02/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Open Agenda 04/06/2021, UC Hastings Board of Directors
Meeting of the Executive Committee - Open Session Packet 03/02/2021, UC Hastings Board of Directors
Minimizing the Impact of Cognitive Bias in Transactional Legal Education, Alina S. Ball
Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records, Hadar Aviram
NEPA’s Teeth: How to Challenge Chemical and Fossil Fuel Complexes Using a Climate and Environmental Justice Argument, Camilla Getz
Noncompetes and Other Post-Employment Restraints on Competition: Empirical Evidence from Trade Secret Litigation, Christopher B. Seaman
Nonmarket Criminal Justice Fees, Ariel Jurow Kleiman
Not My Problem? Landlord Liability for Tenant-on-Tenant Harassment, Aric Short
Operating within Systems of Oppression, Karissa Provenza
Parents in the Pipeline: Retaining Postdoctoral Researchers with Families, Jessica Lee, Joan C. Williams, and Su Li
Paternity and Parental Leave: Towards a New International Labour Standard, Katharine Booth
Performance Review Committee Meeting - Agenda 01/15/2021, UC Hastings Board of Directors
Performance Review Committee Meeting - Agenda 02/03/2021, UC Hastings Board of Directors
Performance Review Committee Meeting - Notice 01/15/2021, UC Hastings Board of Directors
Performance Review Committee Meeting - Notice 02/03/2021, UC Hastings Board of Directors
Performance Review Committee Meeting - Notice and Agenda 01/12/2021, UC Hastings Board of Directors
Personal Jurisdiction in Comparative Context, Scott Dodson
PFAS: A Case Study on its Current Costs and How to Regulate Toxic Chemicals in the Future, Isaac Serratos
Presidential Removal: Impeachment as a Tool to Promote Democracy in Haïti, Brynna Bolt
Prioritizing Tree Planting in Shade-Deprived Urban Areas as a Response to Climate Change, Susana María Aguilera
Private Facilitators of Public Regulation: A Study of the Environmental Consulting Industry, Dave Owen
Progressive Punitivism: Notes on the Use of Punitive Social Control to Advance Social Justice Ends, Hadar Aviram
Prosecuting Foreign States, Chimene Keitner
Protecting California’s Farmworkers During the Wildlife Crisis: The State’s Response and the Need for Reform, Maria Salinas
Providing Adolescents with Independent and Confidential Access to Childhood Vaccines: A Proposal to Lower the Age of Consent, Lois A. Weithorn and Dorit R. Reiss
Race and Equity in the Age of Unicorns, Lynnise E. Phillips Pantin
Race in the Courthouse: Less Protection as More Equal Protection for Musical Works, Charles Cronin
Recapturing Democracy: COVID-19 and the 2020 Presidential Election, John Taschner
Reconsidering Dual Agency Conflicts in Residential Real Estate, Samuel Bayer
Reliance on Executive Constitutional Interpretation, Zachary S. Price
Safe Money, John F. Crawford
Secrets, Lies, and Lessons from the Theranos Scandal, Lauren Rogal
Social Enterprise Lawyering, Alina S. Ball
Socratic Teaching and Learning Styles: Exposing the Pervasiveness of Implicit Bias and White Privilege in Legal Pedagogy, Rory Bahadur and Liyun Zhang
Special Meeting of the Executive Committee - Agenda 11/02/2021, UC Hastings Board of Directors
Special Meeting of the Executive Committee - Notice 11/02/2021, UC Hastings Board of Directors
Subcommittee on Audit Meeting – Closed Agenda 04/22/2021, UC Hastings Board of Directors
Subcommittee on Audit Meeting – Notice 04/22/2021, UC Hastings Board of Directors
Subcommittee on Audit Meeting – Open Agenda 04/22/2021, UC Hastings Board of Directors
Super Mario Decompiled, Joseph Godfrey
Tax: Exit Rights Triggered by Tax Law Changes, Heather M. Field
Tax MACs: A Study of M&A Termination Rights Triggered by Material Adverse Changes in Tax Law, Heather M. Field
Tax Tattletales Hit the Jackpot: Now What?, Sharon Kaur
Texas v. Pennsylvania and the Political-Question Doctrine, Scott Dodson
The Affordable Housing Crisis: Tiny Homes & Single-Family Zoning, Lauren Trambley
The Arc of History in Patent Subject Matter, Robin C. Feldman
The Best-Dressed Polluter – Regulation and Sustainability in the Fashion Industry, Olivia Suraci
The Challenges in Health Care for Pregnant Women in U.S. Correctional Institutions, Mahnoor Yunus
The Children’s Hour: Climate Change, Law, and the Family, Jessica Rizzo
The Chinese Advantage in Emergency Law, Ugo Mattei, Guanghua Liu, and Emanuele Ariano
The Clean Air Act of 1963: Postwar Environmental Politics and the Debate Over Federal Power, Adam D. Orford
The Climate Responsibility Norm Ensuring Meaningful Participation in a Budding International Norm, Katie Lindsay
The COVID-19 Vaccine Dilemma, Dorit R. Reiss
The Demographics of Death: An Early Look at COVID-19, Cultural and Racial Bias in America, Eddie Bernice Johnson and Lawrence J. Trautman
The Devil in the Tiers, Robin C. Feldman
The DOJ’s Role in the Franchise No-Poach Problem, Molly Edgar
The Intersectional Race and Gender Effects of the Pandemic in Legal Academia, Angela Onwuachi-Willig
The Kuwaiti National Assembly: A De Facto Boys’ Club, Fatemah Albader
The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, and Chimene Keitner
The Legal Value of Fiscal Sponsorship: A Proposal of New Law, Emma Geering
The Opioid Doctors: Is Losing Your License a Sufficient Penalty for Dealing Drugs?, Adam M. Gershowitz
The Struggle for Equality: Women's Rights, Human Rights, and Asylum Protection, Karen Musalo
The Three Conundrums: Doctrinal, Theoretical, and Practical Confusion in the Law of Sexually Explicit Speech, Kyla P. Garrett Wagner and P. Brooks Fuller
The Time Politics of Home-Based Digital Piecework, Veena B. Dubal
The Zooming of Federal Civil Litigation, Scott Dodson, Lee Rosenthal, and Christopher Dodson
Tobacco and the Small Screen: Why the TVOMB Should Restructure the Parental Guidelines, Courtney Leavitt
To Litigate a Pandemic: Cases in the United States Against China and the Chinese Communist Party and Foreign Sovereign Immunities, Chimene Keitner
Towards Optimal Liability for Artificial Intelligence: Lessons from the European Union’s Proposals of 2020, Stefan Heiss
Transplanting Fair Use Across the Globe: A Case Study Testing the Credibility of U.S. Opposition, Niva Elkin-Koren and Neil Weinstock Netanel
UC Hastings Academic Village Case Statement, UC Hastings College of the Law
UC Hastings Academic Village Request for Expressions of Interest, UC Hastings College of the Law
UC Hastings College of the Law 140th Commencement, UC Hastings College of the Law
Unilateral Economic Sanctions and Protecting U.S. National Security, Fatemeh Bagherzadeh
Virtual Reality: Prospective Catalyst for Restorative Justice, Kate Bloch
We Are the River, David Takacs
We Didn’t Stop the Fire: Media Ownership Policy After FCC v. Prometheus Radio Project, Christopher Terry, Eliezer Joseph Silberberg, and Stephen Schmitz
When Public Participation is Public Theatre: Misuse of Public Comment Opportunities by Anti-Vaccine Activists, Dorit R. Reiss and Barbara S. Romzek
Whose Voices Count in Biodiversity Conservation? Ecological Democracy in Biodiversity Offsetting, REDD , and Rewilding, David Takacs
Why Familial Searches of Civilian DNA Databases Can and Should Survive Carpenter, Jasper Ford-Monroe
Wilderness Law in the Anthropocene: Purism or Pragmatism, Phillipa C. McCormack, Benjamin J. Richardson, David Takacs, and Kees Bastmeijer
“You Have to Understand”: The Saga of Longfin Corp. Reveals the Danger of Trading Halts Imposed by Self-Regulating Exchanges, Thomas Davis