Founded in 2005, the Hastings Business Law Journal ("HBLJ") is an academic journal published by students at the UC Hastings College of the Law in San Francisco, California. HBLJ currently publishes two issues per volume. Each issue contains scholarship written by law professors, judges, practitioners, and student members of HBLJ. All articles are subjected to a rigorous editorial process designed to sharpen and strengthen substance and tone.

Most Recent Articles

The Treaty Shopping Practice: Corporate Structuring and Restructuring to Gain Access to Investment Treaties and Arbitration

In recent years, international law governing foreign investment has been criticized for giving too much power to foreign investors, while international arbitration procedures have been criticized for not being able to develop a jurisprudence constante.  This article proposes that, despite these critiques, the current regime provides adequate protection to most foreign investors.  In particular, this article analyzes the magnitude of the emerging “treaty shopping practice” and draws relevant theoretical and policy implications for proper rulemaking.  While the risk of treaty shoppin

Activist Compensation of Board Nominees and the Middle Ground Response

This article addresses the practice of shareholder activism, which has taken an increasingly high-profile and polarizing role in investing and corporate governance.  One of shareholder activists’ primary methods of enacting changes in companies is to nominate directors to the board, and often those director nominees are highly compensated by the shareholder activist itself.  Some in the corporate world oppose this practice, arguing that it creates a significant conflict of interest and can damage the company in the short term, while others argue that the practice is a necessary tool for inv

A Look At TradeKey: Shifting Policing Burdens From Trademark Owners to Online Marketplaces

This note addresses contributory counterfeiting in online marketplaces.  The author analyzes a recent decision which was the first to find an online marketplace liable for contributory counterfeiting.  The court granted an incredibly broad permanent injunction in this case.  This note explores the implications of such a decision.  Additionally, it proposes  several mechanisms that an online marketplace could enact to comply with the injunction and police trademark infringement effectively.

Evading the Transparency Tragedy: The Legal Enforcement of Corporate Sustainability Reporting

This note addresses the regulation and enforcement of corporate social responsibility.  Specifically, the author contends that, although sustainability reporting is a promising mechanism for improving labor and human rights practices in global supply chains, it has had limited effects to date because of  its voluntary nature.  The note presents solutions to the issue of such inadequate transparency in sustainability reports by recommending enforcement mechanisms for a more uniform standard of company reports.  Embracing this standard and holding companies legally accountable for the veracit

The Delaware Carve-Out’s Carve: Examining and Repairing SLUSA’s State Law Exception

By enacting the Securities Litigation Uniform Standards Act of 1996 (“SLUSA”), Congress effectively barred the use of the class action vehicle for certain state law securities fraud claims out of concern that baseless “strike suit” actions were being filed in state court to coerce issuers into settlements.  Cautious of its encroachment into state law, however, Congress included a savings clause popularly known as the Delaware carve-out, a statute that preserves actions based upon violations of the fiduciary duty of disclosure.  This note surveys case law defining the reach of the carve-out

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