Much in the field of statutory interpretation is predicated on “interpretive dialogue” between courts and legislatures. Yet, the idea of such dialogue is often advanced as little more than a slogan; the dialogue that courts, legislators, and scholars are imagining too often goes unexamined and underspecified. This Article attempts to organize thinking about the ways participants and theorists...
Episode 4.4: California's Climate Future - Part II
In this episode, we explore California's entrée as a global leader on climate change with UCLA Law Professor Cara Horowitz, especially following the 2018 Global Climate Action Summit, an international climate conference spearheaded by former California Governor Jerry Brown. We also discuss some of the critiques of the Summit and of Governor Brown's environmental policies, particularly from...
Episode 4.3: California's Climate Future - Part I
In this episode, we talk with UCLA Professor Cara Horowitz about what's at stake as greenhouse gases rise, both globally and in California, particularly in light of a recent report from the Intergovernmental Panel on Climate Change describing the crisis. We also talk with UCLA Professor William Boyd about SB 100, a bill passed last year by the California legislature that commits California to...
Blockchain-based Digital Assets and the Case for Revisiting Copyright’s First Sale Doctrine
Various concerns about the reproducibility of intangible items have kept digital files from receiving the protections provided by the first sale doctrine of the Copyright Act of 1976. This piece breaks down blockchain technology and discusses how the new technology may alleviate some of lawmakers' concerns in extending the first sale doctrine.
Emerging Digital Technology and the "Law of the Horse"
Professor Solow-Niederman identifies the themes that run through the series, explores the challenges that disruptive technologies pose to current law and policy, and points to the human values at stake with each development and intervention.
Blockchain Technology and the Government: Dealing With the Threat of Data Manipulation and Increasing Records Longevity
Issues with record-keeping and management of records has long been a barrier to efficient administration within the government. This piece provides an overview of the technology behind blockchain and explores how it can be used to facilitate record keeping that may provide greater security and accuracy of records.
Injustice Ex Machina: Predictive Algorithms in Criminal Sentencing
This piece argues that the use of predictive algorithms in criminal sentencing poses a threat to due process and equal treatment under the law. By exploring studies regarding algorithmic bias, as well as flaws in human decisionmaking, the Article examines how judicial reliance on predictive algorithms may serve to exacerbate societal discrimination and erode constitutional rights.
Destination Unknown: The Perilous Future of Blockchain and Artificial Intelligence Technologies Under the California Consumer Privacy Act of 2018
This piece elucidates how the California Consumer Privacy Act of 2018 may serve to stifle widespread commercial applications of technologies utilizing Blockchain and artificial intelligence. Though the requirements under the Act are designed to protect consumer privacy, they threaten the ability of companies using these technologies to innovate—or even operate—if they have any contact with...