CategoryDiscourse

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...

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.

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...

Given that federal law attaches drastic consequences to crimes that states, localities, tribes, and territories have already punished, the categorical approach is good federalist policy. Until and unless these added consequences are abolished, courts should continue to apply the approach, and the Court’s fealty to categorical analysis is cause for celebration.

Each year, the UCLA School of Law presents the William Rutter Award for Excellence in Teaching to an outstanding law professor. On April 22, 2019, this honor was given to Professor Beth Colgan. UCLA Law Review Discourse is proud to continue its tradition of publishing a modified version of the ceremony speech delivered by the award recipient.

The critical literature on copyright law’s fair use rule is enormous, with much of the recent spilling of ink bemoaning the overuse of transformativeness as a decisive factor in the case law. Many courts now consider whether a secondary user has added value to a work by including new insights or new aesthetics to be critical in resolving fair use disputes, even if the amount taken from the...