Discourse Archives - UCLA Law Review

Danielle LangDanielle Lang is Senior Legal Counsel in the Voting Rights and Redistricting Program at the Campaign Legal Center. She earned her J.D. from Yale Law School in 2012 and clerked for Judge Richard A. Paez on the U.S. Court of Appeals for the Ninth Circuit. She served as a Skadden Fellow in the Employment Rights project of Bet Tzedek Legal Services in Los Angeles from 2013 to 2015. She is admitted in New York and California only and her practice is limited to U.S. courts and federal agencies. 65 UCLA L. Rev. Disc. 48 (2017)

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Candidate Disclosure and Ballot Access Bills: Novel Questions on Voting and Disclosure

Abstract For nearly a half century prior to the current administration, U.S. presidents and most serious candidates for the presidency have released their tax returns for public inspection. The practice of presidential tax disclosure serves several key functions. It provides the public with important insights into the View Complete Listing

Kimberley West-FaulconKimberly West-Faulcon is the James P. Bradley Chair in Constitutional Law and Professor of Law at Loyola Law School, Los Angeles. She thanks the participants in the UCLA School of Law Fisher v. University of Texas at Austin: Study on Race and Ethnicity in Admissions workshop and symposium, Devon Carbado, William Kidder, Lee Petherbridge, and Julie A. Su for their comments and insights. Special thanks to Michaela Goldstein, Jadai Hamilton, Chelsea Heaps, Mary Polk, Neil Richmond, and Andrew Yep for their research assistance as well as to the excellent editors of the UCLA Law Review. 64 UCLA L. Rev. Disc. 592 (2017)

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Obscuring Asian Penalty with Illusions of Black Bonus

Abstract Do white students enjoy an unfair advantage as compared to Asian Americans in admissions to certain universities? This Article explains the proper legal comparison under settled civil rights law for making this determination based on the number of white and Asian American applicants and admits for a given admissions View Complete Listing

Diana R. H. WintersDiana R. H. Winters joined the Indiana University McKinney School of Law Faculty as an Associate Professor in 2012 after completing a two-year position as a Visiting Assistant Professor and the Health Law Scholar at Boston University School of Law. She earned her J.D. from New York University Law School, and her Ph.D. in American Studies from Harvard University. She is a member of the New York Bar and served as an Assistant Solicitor General in the New York Attorney General’s Office from 2006–2010. 65 UCLA L. Rev. Disc. 28 (2017)

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Food Law at the Outset of the Trump Administration

Food policy remains one of the main levers by which we can work to address some of the most intractable problems of our time because of food’s effect on health, the environment, and the economy. For this reason, it is important to consider the implications of the Trump administration’s policies in this arena. Moreover, a look at some of the food law and policy initiatives that may be delayed or suspended under the new administration provides a window into the new administration’s anti-regulatory stance more generally and we can see how state and local governments will act to fill regulatory and policy gaps.

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Carrie A. ScrufariCarrie Scrufari, Esq. joined the Vermont Law School Faculty as an Assistant Professor and Senior Fellow at the Center for Agriculture and Food Systems after completing her LL.M. in Food and Agricultural Law and Policy in December 2016. She earned her J.D. from the University of Maryland in 2011, where she graduated as a member of the Order of the Coif and the Order of Barristers. She is a member of the N.Y. Bar and has clerked at the N.Y. State Supreme Court Appellate Division Fourth Department and at the Court of Appeals in Albany, New York. She thanks Dave Muraskin, John Echeverria, and Pat Parenteau for all their thoughtful feedback and the staff of the UCLA Law Review for their comments and editing assistance. 65 UCLA L. Rev. Disc. (2017)

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A Watershed Moment Revealing What’s at Stake: How Ag-Gag Statutes Could Impair Data Collection and Citizen Participation in Agency Rulemaking

Abstract What may state legislators do to prevent actions that they believe endanger private property interests and undermine the economic interests of industries important to their constituents? What laws can they enact to restrict the speech of those who disagree with those interests? What limits can they place on free View Complete Listing

64 UCLA L. Rev. Disc. 572 (2017)

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Celebration of the Life of Professor Skye Donald

On October 23, 2016, the UCLA School of Law hosted a memorial to celebrate the life of Professor Skye Donald, whose battle with cancer ended on October 16, 2016. Family, friends, colleagues, and students gathered to remember Professor Donald for the joy she brought to the world, and the lasting impression she will continue to View Complete Listing

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PULSE Symposium 2016

Foreword - Imagining the Legal Landscape: Technology and the Law in 2030 Jennifer L. Mnookin & Richard M. Re Legal scholarship tends to focus on the past, the present, or the relatively visible, near-term future. And that’s understandable: the challenges that loom many years away often aren’t susceptible to confident View Complete Listing

William BoydWilliam Boyd is Professor and John H. Schultz Energy Law Fellow at the University of Colorado Law School. He thanks participants in the April 2016 Program on Understanding, Law Science, and Evidence (PULSE) Symposium, “Imagining the Legal Landscape: Technology and the Law in 2030,” for stimulating conversation and valuable feedback on an earlier draft of this Essay. Special thanks to Richard Re and Dean Jennifer Mnookin for the opportunity to participate in the PULSE Symposium and to the editors of the UCLA Law Review for their excellent suggestions and editorial assistance. Thanks also to participants at the 2016 Colorado-Duke Climate Change Law and Policy Workshop for comments on an earlier draft. 64 UCLA L. Rev. Disc. 544 (2016)

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Environmental Law, Big Data, and the Torrent of Singularities

Abstract How will big data impact environmental law in the near future? This Essay imagines one possible future for environmental law in 2030 that focuses on the implications of big data for the protection of public health from risks associated with pollution and industrial chemicals. It assumes the perspective of an View Complete Listing

Elizabeth E. JohProfessor of Law, U.C. Davis School of Law. Thanks to the participants of the Program on Understanding Law, Science, and Evidence (PULSE) Imagining the Legal Landscape: Technology and the Law in 2030, Ryan Calo, and Michael Froomkin for their helpful comments. 64 UCLA L. Rev. Disc. 516 (2016)

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Policing Police Robots

Abstract Just as they will change healthcare, manufacturing, and the military, robots have the potential to produce big changes in policing. We can expect that at least some robots used by the police in the future will be artificially intelligent machines capable of using legitimate coercive force against human beings. Police View Complete Listing

Christopher KeltyChristopher Kelty is a Professor in the Institute for Society and Genetics, the Department of Anthropology and the Department of Information Studies at UCLA. 64 UCLA L. Rev. Disc. 488 (2016)

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Two Fables

Abstract This Article contains two imaginary stories about the future. The first attempts to imagine what might happen if intellectual property law no longer prohibited copying and we were to live in a world entirely driven by data, algorithms, and metrics that monitor reading and discussion; in particular, it dwells on how View Complete Listing

Edward A. ParsonEdward A. Parson is Dan and Rae Emmett Professor of Environmental Law and Faculty co-director of the Emmett Institute on Climate Change and the Environment at the University of California, Los Angeles. 64 UCLA L. Rev. Disc. 464 (2016)

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Social Control of Technological Risks: The Dilemma of Knowledge and Control in Practice, and Ways to Surmount It

Abstract Effective management of societal risks from technological innovation requires two types of conditions: sufficient knowledge about the nature and severity of risks to identify preferred responses; and sufficient control capacity (legal, political, and managerial) to adopt and implement preferred responses. While it has View Complete Listing