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Why Do Empirical Legal Scholarship?, Theodore Eisenberg Dec 2004

Why Do Empirical Legal Scholarship?, Theodore Eisenberg

Cornell Law Faculty Publications

People conduct legal scholarship for many different reasons. This Article focuses on the demand for and reaction to scholarship that helps inform litigants, policymakers, and society as a whole about how the legal system works. Law schools do little to train generations of lawyers in how to systematically assess the state of the legal system and the legal system's performance. Schools leave such assessments largely to self-interested advocates and to other disciplines. Self-interested advocates have less interest in objective assessment of the system than in pushing preferred policy agendas. Academic disciplines other than law have a distinct advantage in that …


Why We Write: Reflections On Legal Scholarship, Emily Sherwin Dec 2004

Why We Write: Reflections On Legal Scholarship, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


My Dinner At Langdell's, Pierre Schlag Jan 2004

My Dinner At Langdell's, Pierre Schlag

Publications

This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.


Judicial And Law Review Citation Frequencies For Articles Published In Different 'Tiers' Of Law Journals: An Empirical Analysis, Gregory S. Crespi Jan 2004

Judicial And Law Review Citation Frequencies For Articles Published In Different 'Tiers' Of Law Journals: An Empirical Analysis, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

An empirical study of the judicial and law journal citation frequencies for a large and comprehensive sample of 550 articles that were published from 1996 through 1998 in fifteen selected law journals resulted in several findings. First, these articles averaged only 0.4 judicial citations and 14.5 law journal citations through May 30, 2003. Second, both courts and scholars cite articles that are published in the three most prestigious law journals at much higher rates than they cite articles that appear in either mid-level or lower-tier law journals. Third, courts virtually ignore altogether legal scholarshipthat appears in lower-tier law journals. Finally, …