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.
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...
In the last twenty years, the concept of legitimate expectations has come to play a very prominent role in international investment treaty-based arbitration. This article explores what insights investment law scholars can gain from authors in the...
This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in the United States. Approaching the Bundy occupations as flashpoints that illuminate competing...
This Essay argues that several principles associated with modern international investment law and dispute resolution arose in the wake of the American Revolution, as the revolutionaries and Britons sought to restructure trade relations, previously...
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...
The article evaluates the doctrine of protecting investors’ specific-commitment backed-expectations. The author argues that the doctrine has shaky legal foundations and raises fundamental policy concerns. It affects the rules and processes governing...