Dismantling the Master’s House: Establishing a New Compelling Interest in Remedying Systematic Discrimination

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Chris Chambers Goodman and Natalie Antounian Volume 73, Issue 2, 437-474 This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the...

Taking Stock: Open Questions and Unfinished Business Under the VAWA Amendments to the Indian Civil Rights Act

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Jordan Gross Volume 73, Issue 2, 475-528 The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the...

Saving the Sinking Ship: How the United States Can Create an Effective Content Moderation Policy by Looking Abroad

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Zhi Yang Tan Volume 73, Issue 2, 529-558 Each day, the world creates another 2.5 quintillion bytes of data, with most of it being accessible by the average person through the smartphone they carry in their pocket. That data may often take the form of informative new...

Dispute Resolution Commercial Transactions Along the Belt and Road: Creating Fair and Consistent Judgments

by technology@hastingslawjournal.org | Feb 16, 2022 | Volume 73, Issue 2

Sara Zokaei Volume 73, Issue 2, 559-584 For over forty years, China has promulgated national policies of opening-up and cooperation with other nations. Over the past eight years, China has been expanding its efforts to uphold these policy goals via the Belt and Road...

The Psychology of Secret Settlements

by technology@hastingslawjournal.org | Jan 19, 2022 | Volume 73, Issue 1

Gilat Juli Bachar Volume 73, Issue 1, 1-48 The #MeToo movement called attention to the use of non-disclosure clauses in settlement agreements as a tool to silence victims of sexual wrongdoing by repeat offenders such as movie mogul Harvey Weinstein and Olympic gymnast...