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Full-Text Articles in Law

Blogs And The Legal Academy, Orin S. Kerr Jul 2019

Blogs And The Legal Academy, Orin S. Kerr

Orin Kerr

This paper's focus is on today’s technology and ask whether blogs as we know them today are conducive to advancing scholarship. This paper's conclusion is that relative to other forms of communication, blogs do not provide a particularly good platform for advancing serious legal scholarship. The blog format focuses reader attention on recent thoughts rather than deep ones. The tyranny of reverse chronological order limits the scholarly usefulness of blogs by leading the reader to the latest instead of the best.

This doesn’t mean that blogs can’t advance scholarship. The impact of any blog depends ...


What Books On Law Should Be, Richard A. Posner Apr 2014

What Books On Law Should Be, Richard A. Posner

Michigan Law Review

I have thought it might be useful to our profession, and appropriate to a foreword to a collection of reviews of newly published books on law, to set forth some ideas on how books can best serve members of the different branches of the legal profession — specifically judges, practicing lawyers, law students, and academic lawyers — plus persons outside the legal profession who are interested in law. I am not interested in which already published books should be retained and which discarded, but in what type of book about law should be written from this day forward. I will mention a ...


Oh, The Treatise!, Richard A. Danner Jan 2013

Oh, The Treatise!, Richard A. Danner

Faculty Scholarship

This foreword to the Michigan Law Review’s 2013 Survey of Books Related to the Law considers the history of the American legal treatise in light of the well-known criticisms of legal scholarship published by Judge Harry Edwards in 1992. As part of his critique, Edwards characterized the legal treatise as “[t]he paradigm of ‘practical’ legal scholarship.” In his words, treatises “create an interpretive framework; categorize the mass of legal authorities in terms of this framework; interpret closely the various authoritative texts within each category; and thereby demonstrate for judges or practitioners what ‘the law’ requires.” Part I examines ...


Open Access To Legal Scholarship: Dropping The Barriers To Discourse And Dialogue, Richard A. Danner Jan 2012

Open Access To Legal Scholarship: Dropping The Barriers To Discourse And Dialogue, Richard A. Danner

Faculty Scholarship

This article focuses on the importance of free and open access to legal scholarship and commentary on the law. It argues that full understanding of authoritative legal texts requires access to informed commentary as well as to the texts of the law themselves, and that free and open access to legal commentary will facilitate cross-border dialogue and foster international discourse in law. The paper discusses the obligations of scholars and publishers of legal commentary to make their work as widely accessible as possible. Examples of institutional and disciplinary repositories for legal scholarship are presented, as are the possible impacts of ...


The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller Jan 2011

The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller

Faculty Scholarship

The Durham Statement on Open Access to Legal Scholarship, drafted by a group of academic law library directors, was promulgated in February 2009. It calls for two things: (1) open access publication of law school–published journals; and (2) an end to print publication of law journals, coupled with a commitment to keeping the electronic versions available in “stable, open, digital formats.” The two years since the Statement was issued have seen increased publication of law journals in openly available electronic formats, but little movement toward all-electronic publication. This article discusses the issues raised by the Durham Statement, the current ...


Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat Jan 2007

Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat

Faculty Scholarship

This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and help ...


The Plural Of Anecdote Is “Blog”, A. Michael Froomkin Jan 2006

The Plural Of Anecdote Is “Blog”, A. Michael Froomkin

Washington University Law Review

Evaluating the limitations and benefits of blogging as a form of legal scholarship, this paper ultimately asks the question -- what are blogs good for? This paper puts forth the argument that law blogs are a great tool for the sharing, organization, and development of ideas. At the same time, the limitations of blogging when dealing with complex, lengthy material are recognized.


Is Blogging Scholarship? Why Do You Want To Know?, James Lindgren Jan 2006

Is Blogging Scholarship? Why Do You Want To Know?, James Lindgren

Washington University Law Review

No abstract provided.


Blogs And The Promotion And Tenure Letter, Ellen S. Podgor Jan 2006

Blogs And The Promotion And Tenure Letter, Ellen S. Podgor

Washington University Law Review

Writing promotion and tenure letters is an important service to the academy, albeit one that is seldom rewarded in comparison to the enormous time consumption involved. And although evaluations to date have all been premised on hard-text material, it is likely that soon the day will come that the packet of scholarship material arriving on one's doorstep will be a Website address that leads to a blog. In thinking about whether law blogs are legal scholarship, an important consideration in answering this question is how a blog should be evaluated for promotion and tenure purposes.


Blog As A Bugged Water Cooler, Kate Litvak Jan 2006

Blog As A Bugged Water Cooler, Kate Litvak

Washington University Law Review

Legal academics like to think that everything they write is scholarly. There is no surer way to offend a colleague than to suggest that some of his public musings are—gasp!—not scholarship. These comments do not seek to debate whether someone’s remarks on the Enron trial, or “gotcha” comments on the quality of the New York Times reporting, or critique of a recent Michelle Malkin book, or teaching notes thinly disguised as encyclopedic entries qualify as “scholarship.” For the purpose of these remarks, “scholarship” is anything that satisfies your budget committee.

A safer (and more productive) inquiry is ...


Scholarship In Action: The Power, Possibilities, And Pitfalls For Law Professor Blogs, Douglas A. Berman Jan 2006

Scholarship In Action: The Power, Possibilities, And Pitfalls For Law Professor Blogs, Douglas A. Berman

Washington University Law Review

A general debate concerning whether law blogs can be legal scholarship makes little more sense than a general debate concerning whether law articles or law books can be legal scholarship. Blogs—like articles and books—are just a medium of communication. Like other media, blogs surely can be used to advance a scholarly mission or a range of other missions.

Looking through the debate over law blogs as legal scholarship, I see a set of bigger and more important (and perhaps scarier) questions about legal scholarship and the activities of law professors. First, the blog-as-scholarship debate raises fundamental questions about ...


Blogging At Blackprof, Paul Butler Jan 2006

Blogging At Blackprof, Paul Butler

Washington University Law Review

Commenting on the papers by Doug Berman Lawrence Solumn, this paper raises questions concerning the emergence of blogging and its relationship with legal scholarship. These insights suggest that blogging can reach a wider audience and introduce a new way of connecting to certain issues in a way that law reviews cannot reproduce.


Blogs And The Legal Academy, Orin S. Kerr Jan 2006

Blogs And The Legal Academy, Orin S. Kerr

Washington University Law Review

This paper's focus is on today’s technology and ask whether blogs as we know them today are conducive to advancing scholarship. This paper's conclusion is that relative to other forms of communication, blogs do not provide a particularly good platform for advancing serious legal scholarship. The blog format focuses reader attention on recent thoughts rather than deep ones. The tyranny of reverse chronological order limits the scholarly usefulness of blogs by leading the reader to the latest instead of the best.

This doesn’t mean that blogs can’t advance scholarship. The impact of any blog depends ...


Scholarship, Blogging, And Tradeoffs: On Discovering, Disseminating, And Doing, Eugene Volokh Jan 2006

Scholarship, Blogging, And Tradeoffs: On Discovering, Disseminating, And Doing, Eugene Volokh

Washington University Law Review

Now, more than ever before, we legal academics have to, at least in some measure, choose. Should we spend the bulk of our time discovering, with the reputational, professional, and emotional benefits that this produces? Or should we spend more of the time disseminating, mostly disseminating views that are our own but are based on others’ discoveries, with the very different reputational, professional, and emotional benefits that this produces?

Sure, it’s our choice, at least once we have tenure. But how should we exercise that choice? Yes, we’re probably better off both discovering and disseminating, if we’re ...


Are Modern Bloggers Following In The Footsteps Of Publius? (And Other Musings On Blogging By Legal Scholars . . .), Gail Heriot Jan 2006

Are Modern Bloggers Following In The Footsteps Of Publius? (And Other Musings On Blogging By Legal Scholars . . .), Gail Heriot

Washington University Law Review

Is legal blogging an antidote to the hyper-scholasticism that sometimes characterizes the legal academy today? Or is it a self-indulgence for legal scholars? It's hard to know. On the one hand, there is a proud American tradition behind the publication of concise but erudite essays aimed at a broad audience concerning the important legal issues of the day, starting with the Federalist Papers. It's hard to believe that neglecting that tradition in favor of a cloistered academic existence in which legal scholars write only for each other could be a good thing. On the other hand, even the ...


Western Legal Treatises In Russian Translations, Jurij Fedynskyj Jan 1975

Western Legal Treatises In Russian Translations, Jurij Fedynskyj

Articles by Maurer Faculty

No abstract provided.


Scholarship On Soviet Family Law In Perspective, Whitmore Gray Jan 1970

Scholarship On Soviet Family Law In Perspective, Whitmore Gray

Articles

The radical changes in the norms of Soviet family law over the past fifty years have reflected the convulsions of Soviet society as well as the revisions of Marxism-Leninism-Stalinism. This paper is a commentary on the writing in this field by Americans in particular, and by other non-Soviets in general. In view of the volume of writing in this field, it has been necessary to limit discussion in the text to a few representative articles illustrating a few of the subject matters treated and various typical approaches employed. The topic is a particularly timely one, for new, comprehensive Principles of ...


Review Of A Bibliography On Foreign And Comparative Law, Whitmore Gray Jan 1963

Review Of A Bibliography On Foreign And Comparative Law, Whitmore Gray

Reviews

This volume is a most welcome addition to the author's first compilation of English language materials on this subject which covered the period to 1953. The present volume includes books and articles from April 1, 1953 through 1959 and a few articles of special importance after that date. It also includes a few earlier items not included in the first volume.


Some Basic Questions Regarding Legal Classification For Professional And Scientific Purposes, Jerome Hall Jan 1953

Some Basic Questions Regarding Legal Classification For Professional And Scientific Purposes, Jerome Hall

Articles by Maurer Faculty

No abstract provided.