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.
This article considers Gitanjali Nain Gill’s recent book Environmental Justice in India, the first comprehensive look at India’s National Green Tribunal. In addition to assessing issues concerning the best ways to integrate science into judicial...
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...
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...
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...
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...
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...
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...
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...