The New Fourth Era of American Religious Freedom

by technology@hastingslawjournal.org | Aug 25, 2023 | Volume 74, Issue 6

John Witte, Jr. & Eric Wang Volume 74, Issue 6, 1813-1848 The U.S. Supreme Court has entered decisively into a new fourth era of American religious freedom. In the first era, from 1776 to 1940, the Court largely left governance of religious freedom to the...

Debt as Corporate Governance

by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5

Tomer S. Stein Volume 74, Issue 5, 1281-1330 Corporate law is dominated by an equity-only view of corporate governance that centers on management-shareholder dynamics. This Article expands the management-shareholder paradigm by developing a novel integrated theory of...

The Ethics of Defense Counsel’s Communications with Absent Class Members Before Class Certification

by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5

Candice Enders & Joshua P. Davis Volume 74, Issue 5, 1331-1352 Attention to how courts address the ethics of defense counsel’s communications with absent class members before class certification is valuable for two primary reasons. First, it provides insight into...

The Ethics Gap: MDL Leadership Versus the Attorney-Client Relationship

by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5

Lauren E. Godshall Volume 74, Issue 5, 1353-1372 Mass torts cases take up a massive swath of the nation’s federal court docket yet are governed by little to no substantive procedural laws. Instead, a host of regular practices for multidistrict litigation (“MDL”)...

Ethics by Appointment: An Empirical Account Obscured Sanctioning in MDL Cases

by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5

Roger Michalski Volume 74, Issue 5, 1373-1402 Ethical norms in litigation are policed through overlapping regulatory regimes. One of these regimes is internal to litigation and split into different components, including Federal Rules of Civil Procedure 11, 26(g), and...