by technology@hastingslawjournal.org | May 30, 2024 | Volume 75, Issue 4
Laura I Appleman Volume 75, Issue 4, 913-976 Who is accountable for the imposition of punishment in our carceral system? The answer used to be much simpler, as we held local, state, and federal government actors responsible. In recent decades, however, our...
by technology@hastingslawjournal.org | May 30, 2024 | Volume 75, Issue 4
Itay Ravid & Jonathan Zandberg Volume 75, Issue 4, 977-1046 Access to credit—that is, the ability to receive financial leverage that could help jump-start businesses—is one of the most significant barriers preventing millions of American women from opening new...
by technology@hastingslawjournal.org | May 30, 2024 | Volume 75, Issue 4
Jacob S. Sherkow Volume 75, Issue 4, 1047-1096 Are DNA sequences subject to trade secrecy protection? At least three decades of scholarship has assumed so even while there is no explicit statutory authority directly on point and very few reported decisions in the...
by technology@hastingslawjournal.org | May 30, 2024 | Volume 75, Issue 4
Amna Qamer Volume 75, Issue 4, 1097-1138 United States courts have long struggled to define the intersection of public institutions and religious practices. Though higher education institutions aim to enrich their campuses with diverse communities, they often fail to...
by technology@hastingslawjournal.org | May 30, 2024 | Volume 75, Issue 4
Victor Qiu Volume 75, Issue 4, 1139-1164 By the time federal appellate courts began to examine the withdrawal of money from an ATM and the question of to whom that money belongs pursuant to the first paragraph of the Federal Bank Robbery Act (“FBRA”), 18 U.S.C....
by technology@hastingslawjournal.org | Apr 30, 2024 | Volume 75, Issue 3
Richard A. Booth Volume 75, Issue 3, 555-600 Index funds, such as those that track the S&P 500, are popular with investors because they offer maximum diversification—and thus minimum risk—with management fees that are far lower than those charged by traditional,...
by technology@hastingslawjournal.org | Apr 30, 2024 | Volume 75, Issue 3
Craig Cowie Volume 75, Issue 3, 601-660 Relatively few regulated entities are the targets of enforcement activity or otherwise have direct contact with regulators. Given that absence of direct contact, this Article posits that regulators influence behavior by creating...
by technology@hastingslawjournal.org | Apr 30, 2024 | Volume 75, Issue 3
Michal Saliternik & Sivan Shlomo Agon Volume 75, Issue 3, 661-712 International law is notably reactive in nature. For the most part, international norms and institutions have been devised in response to previously observed crises and incidents—be they wars,...
by technology@hastingslawjournal.org | Apr 30, 2024 | Volume 75, Issue 3
Lois A. Weithorn Volume 75, Issue 3, 713-822 The provision of gender-affirming medical care to transgender or gender diverse (“TGD”) youth is currently the subject of substantial controversy despite an overwhelming consensus in the healthcare community as to the...
by technology@hastingslawjournal.org | Apr 30, 2024 | Volume 75, Issue 3
Daniel Cassee Volume 75, Issue 3, 823-852 Senate Bill 447, California’s recent lift of the ban on recovery of damages for a decedent’s pain, suffering, and disfigurement in survival actions marks a necessary change in the state’s tort law, avoiding the arbitrary and...
