Symposium Cosponsored with the Center for Litigation and Courts and the National Civil Justice Institute
“The Internet and the Law: Legal Challenges in the New Digital Age”
UC Hastings Law, November 6–7, 2021
Working From 10 to 5, What a Way to Make a Livin’: The SEC’s Most Recent Amendments to Promote Corporate Governance and Curb Exploitative Hedge Fund Activism
Richard Young Volume 76, Issue 1, 275-304 This Note investigates the evolving regulatory landscape following the 2023 SEC amendments regarding beneficial ownership reporting. It begins by analyzing the rise of hedge fund activism and its influence on corporate...
Debt End: The “Texas Two-Step” and the Constitution
Kirk Rider Volume 76, Issue 1, 243-274 The “Texas Two-Step” is a novel means of forcing a settlement agreement on mass-tort claimants. Corporations utilize the Two-Step bankruptcy strategy using a state law merger statute to split itself in two. One half of the...
Patent Infringement, Private Law, and Liability Standards
Robert P. Merges Volume 76, Issue 1, 161-242 Private law governs interactions among private parties. A large body of private law theory holds that private law is aimed at corrective justice: doing justice as between the two parties to a private interaction (the...
Free the Market: How We Can Save Capitalism from the Capitalists
Mark A. Lemley Volume 76, Issue 1, 115-160 The free market works because no one person or company is making the decisions. In a competitive market, businesspeople make the wrong decisions all the time, just as central planners do. But the consequences of those...
Artificial Intelligence and Cracks in the Foundation of Intellectual Property
Robin Feldman Volume 76, Issue 1, 47-114 Our implicit image of progress and the standards we use to calibrate human contribution to progress are quietly at risk from the onslaught of artificial intelligence (AI). AI has the potential to significantly shrink the...
The Federal Rules of Constitutional Procedure
Ramon Feldbrin Volume 76, Issue 1, 1-46 Judicial review has distinct purposes, difficulties, and modalities, but there are no guideposts as to how these features ought to be addressed in procedural terms. The reason is a deep-seated, but largely unarticulated,...
Bowling with Bumper Rails: How Firearms Examiners Have Duped the Courts and Generated Low Error Rates Only by Avoiding Challenging Comparisons
Richard E. Gutierrez Volume 75, Issue 6, 1535-1580
Black Equal Citizenship and Residential Segregation in the Supreme Court’s Race Jurisprudence
Gabriel J. Chin Volume 75, Issue 6, 1581-1600
DACA’s Stratified Tracks for Economic Mobility and Lessons for Addressing Immigrants’ Long-Term Inequality
Els de Graauw & Shannon Gleeson Volume 75, Issue 6, 1601-1624 Presented at the We the People: Citizenship, Race, and Equality Symposium at UC Law San Francisco on February 2, 2024. Since 2012, the politically tenuous Deferred Action for Childhood Arrivals (DACA)...
The Racial Triangulation of Asian American Achievement
Vinay Harpalani Volume 75, Issue 6, 1625-1644 This Essay employs Professor Claire Jean Kim’s racial triangulation framework to examine how Asian Americans are racialized via academic achievement. It argues that there are two components to the racial triangulation of...