Discourse publishes shorter articles that are timely, interdisciplinary, and novel. Discourse strives to serve as a platform for scholars, ideas, and discussions that have often been overlooked in traditional law review settings. Because we seek to publish pieces that are accessible to legal and non-legal audiences alike, Discourse articles are generally between 3,000 and 10,000 words. Like our print journal, Discourse articles are published on Westlaw, Lexis, and in other legal databases, as well as our own website.
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...
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...
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...
This article evaluates such an idea insofar as it could potentially constitute a bill of attainder, be applied retroactively, or violate a president’s constitutional rights. Ultimately, the article concludes that the bill would pass judicial...
Abstract In “Can Free Speech Be Progressive?,” Louis Michael Seidman claims that cheap speech, like that found on Twitter, is not really cheap, and is not helpful to progressives—because it relies too heavily on capital. In the era of #metoo and...
This piece takes issue with Bridget Crawford and Michelle Simon’s argument in their article about the recent Supreme Court case North Carolina Department of Revenue v. Kaestner Family Trust (argued May 16, 2019) (The Supreme Court, Due Process and...
Combining the statistical data on the rapidly shifting demography of the federal judiciary under President Trump with insights from the scholarly literature on theories of procedural justice and representative bureaucracy, which posit that the...
What are the constitutional limits on a state’s power to tax a trust with no connection to the state, other than the accident that a potential beneficiary lives there? The Supreme Court of the United States will take up this question this term in...