Author: technology@hastingslawjournal.org

[et_pb_row][et_pb_column type=”4_4″][et_pb_text _builder_version=”3.17.1″] Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 6, 1471-1508 On March 28, 2017, Congress killed the FCC’s attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the impact of this decision for consumer privacy in light of…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text _builder_version=”3.17.1″] McKay Cunningham Volume 69, Issue 6, 1509-1544 The Supreme Court has long held that extreme partisan gerrymandering violates equal protection, but has simultaneously dismissed gerrymandering disputes as nonjusticiable political questions. In particular, the Court has maintained that no manageable standard yet exists by which the Court could implement the promise of equal…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Andrea Freeman Volume 69, Issue 6, 1545-1606 Laws and policies that impede Black mothers’ ability to breastfeed their children began in slavery and persist as an incident of that institution today. They originated in the practice of removing enslaved new mothers from their infants to work or to serve as wet nurses for…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Stephen F. Smith Volume 69, Issue 6, 1609-1672 For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or “innocent”) conduct, thereby ensuring that only offenders with adequate notice of the wrongfulness of their conduct face conviction. The Supreme Court’s recent decision in Elonis…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Christina E. Urhausen Volume 69, Issue 6, 1673-1694 Brady violations have become a growing epidemic in California. As a result, California recently enacted a new law that amends section 141 of the Penal Code. The law changes the status of an “intentional” Brady violation from a misdemeanor to a felony, and imposes up…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Justine Isola Volume 69, Issue 5, 1333-1338 Full Article [/et_pb_column][/et_pb_row][/et_pb_section]

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Erwin Chemerinsky Volume 69, Issue 5, 1339-1354 Full Article [/et_pb_column][/et_pb_row][/et_pb_section]

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] David M. Howard Volume 69, Issue 5, 1355-1378 Democracy has evolved throughout history, and democracy can survive the challenges of the cyber age. However, democracy will be affected by the internet and increased cybersecurity. Cybersecurity and democracy sometimes appear at odds, and the recent cyberattacks on democratic elections show the growing need for…

[et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”] Tessa Jolls & Michele Johnsen Volume 69, Issue 5, 1379-1408 The current focus on the validity, credibility, and trustworthiness of media and information is urgent and global. In the past ten to twenty years, the information landscape has fundamentally changed due to an exponential increase in access to information consumption…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Alexandra Andorfer Volume 69, Issue 5, 1409-1431 “Fake news” seems to be the phrase du jour these days. During the 2016 presidential election, fake news and propaganda proliferated on social media sites like Facebook, Twitter, and Google, with many of the concocted faux sources emanating from Russia and elsewhere. In Fall 2017, tech…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Kaleigh E. Aucoin Volume 69, Issue 5, 1433-1469 The United States government’s use of what it refers to as “Network Investigative Tools,” presents several constitutional and privacy-related issues. Revelations stemming from the use of these NITsa form of malwarewarrant a difficult discussion on the conflict between public transparency and the level of secrecy…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 4, 1039-1098 Privacy loss is central to privacy law scholarship, but a clear definition of the concept remains elusive. We present a model that both captures the essence of privacy loss and can be easily applied to policy evaluations and doctrinal debates. To…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] JD Hsin Volume 69, Issue 4, 1099-1146 For more than half a century the heckler’s veto has been a source of provocation. On the one hand, there now appears to be widespread consensus among courts and commentators that allowing police to shut down a provocative speaker in a public space over threats from…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Noah M. Kazis Volume 69, Issue 4,1147-1223 The bicameral legislature is a cornerstone of the Madisonian system, a basic assumption of American constitutionalism. But a different constitutional vision is hidden in plain sight. Of the more than 90,000 local governments in the United States-many of which began as bicameral before abandoning the federal…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] David Kwok Volume 69, Issue 4, 1225-1269 When employers retaliate against whistleblowers, courts and agencies often treat the retaliation as a private employment dispute best resolved by the whistleblower and employer. This cramped view of retaliation disregards Congress’s contrary perspective of whistleblower retaliation as a public wrong requiring public attention. A survey of…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Nancy Morawetz Volume 69, Issue 4, 1271-1310 In the first year of the Trump Administration, the courts played a critical role in reviewing and shaping federal immigration policy. When nonprofits and states filed prominent cases challenging the “travel ban,” the public could follow the court process in real time, as new filings were…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Joseph G. Marano Volume 69, Issue 4, 1311-1332 Courts have consistently interpreted section 230 of the Communications Decency Act (“CDA”) as shielding internet service providers from liability for defamatory content posted by users. This is a significant departure from traditional defamation law where publishers may be held liable for defamation upon reprinting defamatory…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Rebecca Aviel Volume 69, Issue 3, 721-769 We live in a moment of intense preoccupation with both marriage and federalism, one that is likely to persist well beyond the Supreme Court’s ruling in Obergefell v. Hodges. The decision served to reify marriage as a site of enormous cultural significance, an appropriate institution within…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Joshua M. Divine Volume 69, Issue 3, 771-834 Sentencing disparity among similar offenders has increased at a disconcerting rate over the last decade. Some judges issue sentences twice as harsh as other judges on the same court, so a defendant’s sentence often depends substantially on which judge is randomly assigned to the defendant’s…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Matteo Gatti Volume 69, Issue 3, 835-924 Shareholder approval in mergers generally takes a long time, but is it necessary? This Article finds that in the context of mergers, the approval requirement is not nearly as valuable a procedure as we might expect. I analyze shareholder approval patterns (target side) in all domestic…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Justin Marceau Volume 69, Issue 3, 925-960 The fiftieth anniversary of the Animal Welfare Act (“AWA”) was 2016. Most fiftieth anniversaries are cause for great celebration, but this one shouldn’t’ be because the AWA has caused more harm than good. In previous decades a wide range of sources have praised the Animal Welfare…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Michael Vitiello & Rosemary Deck Volume 69, Issue 3, 961-984 The United States is on a fast-track to a new era in marijuana law. The prospect of a federal pathway to legalization opens a Pandora’s Box of issues for states like California. This Article focuses on Humboldt County in the Emerald Triangle, California’s…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Jaclyn Gross Volume 69, Volume 3, 985-1008 Recently, it has become increasingly difficult for foreign nationals to successfully gain refuge in the United States from persecution in their home countries. The year 1990 marked the first time that the United States granted asylum to a homosexual claimant on the grounds of membership in…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Gaby Lion Volume 69, Volume 3, 1009-1038 This Note discusses the current status of the rape kit backlog, and how it can be addressed through successful public-private partnerships in the DNA testing industry. DNA evidence contained inside rape kits is an invaluable investigative tool to solve and prevent crime. Despite their immense utility,…