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. Beginning with Volume 68, Discourse began publishing special issues of Law Meets World.
This piece reviews the key features of community land trust (CLT) model of land tenure and then take up a short case study of a Los Angeles CLT.
An examination of the impact of two stadium projects in Los Angeles: the building of Dodger Stadium in the former neighborhood of Chavez Ravine, and the building of the Rams Stadium currently underway in Inglewood.
The article argues that rent control, despite its shortcomings, may be an essential tool to protect mobile homes market against the effects of real estate interest.
The piece highlights local campaigns that have attempted to influence the use or sale of land owned by public entities such as cities or transit agencies.
Focusing on gentrification as a force for displacement, the author reflects on themes of the essays in this series, organizing them under the topics of causes, consequences, and solutions.
The article considers ramifications of the 2018 condemnation action by County of Inyo seeking approval of the acquisition by eminent domain of three landfills located in Owens Valley of California’s Eastern Sierra Nevada Mountains.
This article analyzes the legal and organizing work of the Los Angeles Center for Community Law and Action.
Language lives in the present, though we often approach it as though it was settled in the past. But those yearning for the meanings of some bygone era, like those endeavoring to deduce a single, correct meaning from the words on a page, are deluded. The intractable problem of induction scuttles these projects, and reveals that we cannot ask “What does it mean?” without also asking, “To whom?”
This essay explores interpretive debates over constitutional powers and rights. It aims to explain how opposing viewpoints about power/rights and moral reading/originalism could both accurately reflect the theories on which the nation was founded. The essay proposes that the Constitution itself is a bifurcated text created by the existence of America’s two foundings establishing state governments...
This Article looks to local California jurisdictions’ experiences in regulating electronic smoking devices to examine the mechanisms by which state and local policies converge. It concludes that, over time, California jurisdictions tended to adopt broader and more effective regulations of such devices, and that the experiences of localities may have shaped policy at the state level as well.
This article illustrates the present-day impact of racialization of U.S. immigration law through a critical analysis of Section 240A(b)(1) of the Immigration and Nationality Act, which governs relief from deportation for undocumented immigrants. Immigration scholars have discussed the amorphous, unworkable nature of this provision, but the article delves a step further to consider its secondary...
In State v. McPhaul, the North Carolina appellate panel found error in admitting expert testimony on latent fingerprinting based on the lack of evidence of reliability. The panel did not reverse the defendant’s conviction, finding the error to be harmless. This essay describes the scientific status of fingerprint evidence, the facts and the judicial reasoning in McPhaul, and the implications of...
The article posits that the proper interpretation of the Women’s Health and Cancer Rights Act includes breast cancer-suffering women’s right to insurance coverage for reconstruction after partial, as well as full, mastectomies. Additionally, the article argues that the question of whether the Act contains a private right of action separate from ERISA should be revisited.
Prompted by the violent events at the August 2017 white supremacist protest in Charlottesville, Virginia, this article argues that state and local officials have significant latitude to enact and enforce laws that restrict the intimidating display of firearms at public demonstrations and protect people’s rights to speak freely and to peaceably assemble.