CategoryDiscourse

Abstract In the face of current technological developments and the uptake in use of opaque algorithmic systems, democracy requires to strengthen the rule of law wherever public or private actors use algorithmic systems. The law must set out the requirements on AI systems’ creation, documentation and use that are necessary in a democratic society and organize appropriate accountability and...

In this essay series, the authors explore different aspects of emerging AI governance regimes.  Though about quite different topics, the essays have many common threads. Several of the essays demonstrate that many of the difficulties with AI governance are less challenges of AI than challenges of governance generally—navigating power struggles and competing interests, getting buy-in, and avoiding...

Abstract Among the world’s largest polluters, state-owned enterprises (SOEs), not privately controlled businesses, are the greatest contributors to global industrial emissions. SOEs are major contributors to fossil-fuel-related carbon emissions, so understanding how to engage SOEs in combating climate change is essential. Because SOEs do not respond to all of the same pressures and incentives as...

Abstract Each year, the UCLA School of Law presents the Rutter Award for Excellence in Teaching to an outstanding law professor. On Thursday, April 6, 2023, this honor was given to Professor Eileen A. Scallen. UCLA Law Review Discourse is proud to continue its tradition of publishing a modified version of the ceremony speech delivered by the award recipient. [pdf-embedder url="" title="Scallen No...

Abstract This Essay, based on written and oral testimony before the California Task Force to Study and Develop Reparation Proposals for African Americans, addresses how best to translate substantive reparations proposals into durable, legible, legitimate, and democratically accessible programs. Specifically, this Essay evaluates institutional design choices, makes recommendations regarding...

Abstract According to the conventional wisdom, money is a scarce private commodity that needs to be rationed. Both households and businesses need enough income to cover their obligations, such as food, rent, payroll, and principal and interest payments on debt. Insufficient income can mean bankruptcy, insolvency, and, for an individual or family, homelessness. Monetary scarcity has pernicious...

Abstract In 2020 and 2022, multiple Republican county canvassers refused to perform their ministerial duty to approve election returns, obstructing the official certification of the results. The canvassers latched onto false claims of fraud and other conspiracies advanced by election deniers. They eventually relented because of court orders and public pressure. The elections produced official...

Introduction This Essay critically analyzes the wartime framing that both Presidents Donald Trump and Joe Biden relied upon in fighting a “War on COVID-19.” According to this militarized framing, they sought to, in Trump’s words, “fight that invisible enemy,” the coronavirus.[2] The conundrum this Essay explores is: Even as Biden has announced plans to let the coronavirus health emergency...