Can Fourteen- and Fifteen-Year-Olds Be Transferred to Adult Court in California?: A Conceptual Roadmap to the Senate Bill 1391 Litigation

California Legislature amended Prop. 57 with California Senate Bill 1391, which prohibited the transfer of fourteen- and fifteen-year-olds beyond narrow exceptions.  In response, the California courts have faced a series of cases brought by district attorneys challenging the constitutionality of SB 1391. This Article describes the sources of disagreement throughout this litigation and makes the...

Aspiring Americans Thrown Out in the Cold: The Discriminatory Use of False Testimony Allegations to Deny Naturalization

This Article looks closely at the good moral character clause and its potential to enable individual and institutional bias through a subsection that allows United States Citizen and Immigration Service (USCIS) to deny a naturalization petition when USCIS finds that the applicant offers “false testimony” and thus lacks requisite “good moral character.”

Shoveling a Path After Star Athletica

This Article explains some of the challenges presented by the opinion of Star Athletica and argues that clearer attention to the differences between design patent and copyright could have helped—and might still be useful going forward.

Start With Trust: Utilizing Blockchain to Resolve the Third-Party Data Breach Problem

The current cybersecurity landscape is unsustainable. Companies are increasingly relying on third parties for conducting services, yet these third-parties continue to be targets of attack due to their weak cybersecurity measures. However, blockchain technology should be implemented as part of a large company’s comprehensive cybersecurity plan. The trust that the blockchain offers, along with the...

Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction over Nonmembers

For the last forty years the U.S. Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. This Article proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such nonmembers.

The Consequences of Automating and Deskilling the Police

Discussions of automation in the workplace typically omit policing. This is a mistake. The increasing combination of artificial intelligence and robotics will provide us with social benefits, but it will also create new problems as automation replaces human labor. Mass unemployment may be one consequence. Another is deskilling, the loss of the skills and knowledge needed to perform a job when...