The Tribal Law and Order Act of 2010 was intended to significantly expand the sentencing powers of tribal courts, raising the maximum sentence for a given offense from one year to three. But the Act requires courts that would take advantage of these new powers to provide significant procedural protections to criminal defendants, while failing to provide the funding most tribal courts would need...
Trayvon Martin & Implicit Bias
The killing of Trayvon Martin in 2012 and recent verdict in the trial of George Zimmerman has generated intense national debate. Mr. Zimmerman's verdict has not ended the discussion, but instead caused of a firestorm of conversation in the national media. In light of this debate, we offer a 2012 essay published by two UCLA Law alums discussing the concept of implicit bias and its relationship...
"Healthcare for All"?: The Gap Between Rhetoric and Reality in the Affordable Care Act
The rhetoric of universal healthcare and healthcare for all that pervaded the healthcare debate culminated in the Affordable Care Act’s (ACA’s) passage. The ACA, however offers reduced to no healthcare services for certain noncitizen groups, specifically: (1) recently arrived legal permanent residents, (2) nonimmigrants, and (3) undocumented immigrants. This Article explores how the ACA fails to...
Vistas of Finance
Finance is undergoing a fundamental and technological shift. In the years ahead, there will inevitably be new financial characters and new financial cliffhangers. In this reply to the response of Professor Stephen Bainbridge to my article, The New Investor, I offer commentary on one particular new financial character, then on the general trope of cliffhangers as they relate to financial...
Prosecuting the Undead: Federal Criminal Law in a World of Zombies
Adam Chodorow’s recent essay, Death and Taxes and Zombies, has alerted the legal world to the dangers posed by the looming zombie apocalypse. Chodorow successfully demonstrates that existing tax laws are woefully inadequate in a world where the undead outnumber the taxpaying living. In this Essay, I argue that while tax law may be ill suited to address the zombie apocalypse, federal criminal...
Welcome Volume 61 Staff!
The Board of Editors of the UCLA Law Review welcomes the 49 staff members who joined the Law Review over summer 2013!
The list of new staff members for Volume 61, in addition to the Board, is available on our Current Members page.
A Proposal for U.S. Implementation of the Vienna Convention’s Consular Notification Requirement
The Vienna Convention on Consular Relations (Vienna Convention), to which the United States is a party, requires signatories to notify the consulates of and to grant consular officers physical access to foreign criminal defendants. While the treaty has mostly functioned well for its states parties, the United States has recently encountered substantial problems—and international ill will—for its...
Interbank Discipline
As banking has evolved over the last three decades, banks have become increasingly interconnected. This Article draws attention to an effect of this development that has important policy ramifications yet remains largely unexamined—a dramatic rise in interbank discipline. The Article demonstrates that today’s large, complex banks have financial incentives to monitor risk taking at other banks. ...