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. Beginning with Volume 68, Discourse began publishing special issues of Law Meets World.

DNA in the Criminal Justice System: A Congressional Research Service Report* (*From the Future)

Abstract Recent bills have allocated federal funding to states and localities as an incentive to adopt handheld genome sequencing devices, smooth the ongoing transition from older forensic typing methods to “next generation sequencing” (NGS), and facilitate law enforcement access to medical and recreational DNA databases.  At the request of legislators considering these bills, the Congressional...

Utopia?: A Technologically Determined World of Frictionless Transactions, Optimized Production, and Maximal Happiness

Introduction1 Imagine a world that is aggressively engineered for us to achieve highly desirable objectives.  In this hypothetical future, technology will serve as the means for governing—or one might say, micromanaging—our world to prioritize three distinctive yet interrelated normative ends: optimized transactional efficiency, resource productivity, and human happiness. Now, even though we do...

The CRISPR Revolution: What Editing Human DNA Reveals About the Patent System’s DNA

Abstract Not since the invention that launched the entire biotech industry has a life science invention offered as much promise as the CRISPR technique for editing genes.  Gene editing techniques existed before CRISPR, but they were slow, inaccurate, and expensive.  The CRISPR invention is like moving from the manual typewriter—click, clack, slide across—to modern word processing. As we stand at...

Virtual Violence

Abstract Immersive virtual reality may change the way we interact with each other.  In the future, we may be technologically capable of experiencing every aspect of an interaction except its physiological consequences.  So what does this mean for interpersonal violence?  If virtual reality creates a strong sense of “presence,” such that virtual experiences seem comparable to their physical...

Glass Half Empty

Abstract This science-fiction legal Essay is set in the year 2030.  It anticipates the development and mass adoption of a device called the "Ruby" that records everything a person does.  By imagining how law and society would adjust to such a device, the Essay uncovers two surprising insights about public policy: first, policy debates are slow to change when a new technology pushes out the...

Social Control of Technological Risks: The Dilemma of Knowledge and Control in Practice, and Ways to Surmount It

Abstract Effective management of societal risks from technological innovation requires two types of conditions: sufficient knowledge about the nature and severity of risks to identify preferred responses; and sufficient control capacity (legal, political, and managerial) to adopt and implement preferred responses.  While it has been recognized since the 1970s that technological innovation creates...

Two Fables

Abstract This Article contains two imaginary stories about the future.  The first attempts to imagine what might happen if intellectual property law no longer prohibited copying and we were to live in a world entirely driven by data, algorithms, and metrics that monitor reading and discussion; in particular, it dwells on how this might affect scientific and scholarly publications.  The second...

Policing Police Robots

Abstract Just as they will change healthcare, manufacturing, and the military, robots have the potential to produce big changes in policing.  We can expect that at least some robots used by the police in the future will be artificially intelligent machines capable of using legitimate coercive force against human beings.  Police robots may decrease dangers to police officers by removing them from...

Environmental Law, Big Data, and the Torrent of Singularities

Abstract How will big data impact environmental law in the near future?  This Essay imagines one possible future for environmental law in 2030 that focuses on the implications of big data for the protection of public health from risks associated with pollution and industrial chemicals.  It assumes the perspective of an historian looking back from the end of the twenty-first century at the...

A Worthy Object of Passion

Each year, the UCLA School of Law presents the Rutter Award for Excellence in Teaching to an outstanding law professor.  On April 20, 2016, this honor was given to Professor Seana Shiffrin.  UCLA Law Review Discourse is proud to continue its tradition of publishing a modified version of the ceremony speech delivered by the award recipient.   I’m grateful to the Dean, to the Rutter committee...

The Right to Record Images of Police in Public Places: Should Intent, Viewpoint, or Journalistic Status Determine First Amendment Protection?

Introduction In February 2016, a federal district court in Fields v. City of Philadelphia1 held there is no First Amendment2 right to record images of police performing duties in public places, “absent any criticism or challenge to police conduct.”3  Specifically, U.S. District Judge Mark Kearney found “no basis to craft a new First Amendment right based solely on ‘observing and recording’...

Privileged or Mismatched: The Lose-Lose Position of African Americans in the Affirmative Action Debate

Introduction This Article builds on an intervention Luke Harris and Uma Narayan made more than two decades ago in the Harvard BlackLetter Law Journal repudiating the conceptualization of affirmative action as a racial preference.1  The central claim we advance is that affirmative action levels the playing field for all African Americans students, not just those who are class-disadvantaged. ...

How Workable Are Class-Based and Race-Neutral Alternatives at Leading American Universities?

This Essay reviews and synthesizes contemporary social science research relevant to the constitutional question, in Fisher v. University of Texas at Austin and more broadly, of whether consideration of socioeconomic status and percent plan admissions based on high school rank represent viable race-neutral alternatives to race-based affirmative action programs. The strong weight of the evidence...

Mismatch and Science Desistance: Failed Arguments Against Affirmative Action

Introduction When I attended Michigan Law School in 1966, as a 2L Harvard transfer, there was only one, or perhaps two, African Americans in a student body of about 1100 students, and if there were any students of Latino heritage their presence went unnoticed.  When I began teaching at Michigan in the fall of 1968, the situation had begun to change.  There were eight or nine African American...