CategoryDiscourse

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...

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’...

This Essay considers the lessons social science research brings to the constitutional inquiry in Fisher II, and to Justice Kennedy’s decisive vote in particular. The author summarizes empirical findings demonstrating the harm that further restrictions on the consideration of race in admissions would bring to student body diversity and to institutions’ ability to support the success of all...

Opponents of affirmative action often claim that Asian Americans are injured by affirmative action. This argument is both inaccurate and strategic rather than motivated by real concern for Asian Americans. This Essay explains how Asian Americans in fact benefit from affirmative action. It also exposes the way that framing opposition to affirmative action as concern for Asian Americans serves the...

Introduction Imagine an applicant to a public university who is an accomplished pianist, grew up in a rural town in central Texas, and is African American.  Each of these aspects of her background has played a formative role in shaping her identity.  Now imagine that the university’s admissions office, which is reviewing her application, has been directed not to consider her race or the race of...

Introduction The following is an excerpt from the transcript of oral argument in Fisher v. University of Texas at Austin,1 argued before the U.S. Supreme Court on December 9, 2015.  Gregory G. Garre represented the University of Texas. Chief Justice Roberts: What—what unique—what unique perspective does a minority student bring to a physics class? Mr. Garre: Your Honor— Chief Justice Roberts:...

This Essay examines the growing threat of workplace political coercion, such as when employers attempt to threaten or coerce their workers into supporting firm-favored issues, policies, or political candidates. We describe, for the first time, the prevalence of such coercion, and propose a relatively straightforward legislative fix that would protect private-sector workers from the risk of...

An essay reviewing the inaugural Justice Antonin Scalia Lecture, titled “Interpreting the Unwritten Constitution,” presented at Harvard Law School by Judge Frank H. Easterbrook on November 14, 2014.

This Essay critically assesses a pending, proposed amendment to the Federal Rules of Evidence—slated to take effect in December 2017—that would abrogate Federal Rule of Evidence 803(16), the hearsay exception for ancient documents. The proposed amendment was motivated largely by a fear that large quantities of potentially unreliable, stockpiled, electronically stored information (ESI) are ap...