CategoryDiscourse

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.

Expectations as Property: Histories, Contexualizations, Critiques

This special issue contains several papers presented at a workshop held at Columbia Law School in May 2017, which brought together investment law scholars to consider the legal construction and protection of expectations as objects of property in...

Auctions, Taxes, and Air

In recent California litigation, a California Court of Appeals held that California’s greenhouse gas emissions auction was not a form of taxation. This article argues that the court reached the right result. Like the government's sale of any other...

Fisher’s Foibles: From Race and Class to Class not Race

Abstract The decision in Fisher II sustained the University of Texas’s use of race in its undergraduate admissions policy, in the face of nearly decade long attack, but on terms that reinscribed the onerous requirements of strict scrutiny on...