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Looking For Justice On A Two-Way Street, Nancy L. Cook Jan 2006

Looking For Justice On A Two-Way Street, Nancy L. Cook

Washington University Journal of Law & Policy

The unstated truth about lawyer-community “collaborations” is that lawyers, by and large, do not intend to bridge the gap between the powerful (themselves included) and poor communities by giving up their apparent privileges and taking advantage of what communities would have to offer if they did. Access is therefore generally presumed to go in one direction. Lawyers seek to give client populations access to the halls of political and economic power, but they do not think in terms of providing judges and the economically privileged access to financially under-supported communities. In these pages, I look at the contemporary notions of ...


Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett Jan 2006

Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett

Washington University Law Review

While some law blogging is serious scholarship—and more could be serious scholarship than is now—almost all blogging, including most law blogging, is not serious scholarship and does not purport to be. Asserting that blogging is generally not a form of scholarship is no more an aspersion on blogging than is affirming that arguing in the Supreme Court is not scholarship. If undertaken by scholars, both activities can contribute constructively to one’s scholarship, and one might be a better advocate or blogger if one can draw upon one’s scholarly expertise. But it would be a mistake to ...


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 ...


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 ...


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.


The Public Face Of Scholarship, Larry E. Ribstein Jan 2006

The Public Face Of Scholarship, Larry E. Ribstein

Washington University Law Review

This essay focuses on the relationship between academic weblogs, or blogs, and journalism. I see academic blogs as a form of what I called in a separate paper “amateur journalism.” This comment focuses on the type of writing that is both most distinctive to scholars and connects most closely with professional journalism—that is, scholars’ use of blogs to engage with the public. Part I reviews the distinction between amateur and professional journalism and describes types of academic blogs. Part II focuses on “publicly engaged academic posts,” or PEAPs, and discusses the changes these blogs may bring to professional journalism.


Blogging And The Transformation Of Legal Scholarship, Lawrence B. Solum Jan 2006

Blogging And The Transformation Of Legal Scholarship, Lawrence B. Solum

Washington University Law Review

Will blogging somehow transform legal scholarship? That is the wrong question. The thesis of this essay is that blogging is essentially epiphenomenal—an effect and not a cause. Blogging is merely a particular medium—a currently popular form of Web-based publishing. Nonetheless, the emergence of academic legal blogging is an important indicator of other trends—real causes that are driving significant transformative processes. These trends include the emergence of the short form, the obsolescence of exclusive rights, and the trend toward the disintermediation of legal scholarship. Those forces and their relationship to blogging will be the primary focus of this ...


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 ...


A Case Study In Bloggership, D. Gordon Smith Jan 2006

A Case Study In Bloggership, D. Gordon Smith

Washington University Law Review

This paper makes the case that generally, bloggership should be treated as a form of service for administrative purposes. On the other hand, in close cases of tenure and promotion, a record of high-quality bloggership could weigh in a candidate’s favor on scholarship. This paper seeks to advance the process of legitimizing blogging as a useful scholarly endeavor—not as a substitute for long-form legal scholarship, but as a meaningful appendage.


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.


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 ...


Blogging While Untenured And Other Extreme Sports, Christine Hurt, Tung Yin Jan 2006

Blogging While Untenured And Other Extreme Sports, Christine Hurt, Tung Yin

Washington University Law Review

According to Dan Solove’s March 2006 Law Professor Blogger Census (Version 4.3), roughly twenty-one percent of law professor bloggers in tenure-eligible positions are untenured, or as the authors here prefer, “pretenured.” The percentage of professors blogging who are pretenured, as opposed to tenured, is higher than the percentage of pretenured professors in the profession, so one might argue that the pretenured are overrepresented in the blogosphere. Pretenured academics may gravitate easily toward blogging for many reasons. Junior professors are likely to be younger and, as such, likely to be more familiar with and willing to embrace new technologies ...


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 ...


The Battle Over The Soul Of Law Professor Blogs, Howard J. Bashman Jan 2006

The Battle Over The Soul Of Law Professor Blogs, Howard J. Bashman

Washington University Law Review

Unbeknownst to most of us outside the legal academy, there apparently is some disagreement over whether blogs that law professors operate should be regarded as legitimate scholarship and public service, or should be dismissed as a frivolous waste of time that detracts from the more traditional scholarly pursuits of writing massive law review articles and pontificating to the mainstream media on legal issues of public interest. As so often is the case, the answer to this conundrum is “It depends.” A law professor’s blog post or series of blog posts certainly can constitute scholarship or public service. But, merely ...


Why A Narrowly Defined Legal Scholarship Blog Is Not What I Want: An Argument In Pseudo-Blog Form, Ann Althouse Jan 2006

Why A Narrowly Defined Legal Scholarship Blog Is Not What I Want: An Argument In Pseudo-Blog Form, Ann Althouse

Washington University Law Review

Written in the form of a blog, this paper highlights the creative and communicative benefits of blogging, in particular legal blogging. This comment argues that aside from being intrinsically rewarding, blogging offers a concise scholarly model addressing a wider-ranger of topics. In this way, the paper claims that blogging has the potential for self-discovery and innovation in a way that legal scholarship might not.


Post-Welfare Lawyering: Clinical Legal Education And A New Poverty Law Agenda, Juliet M. Brodie Jan 2006

Post-Welfare Lawyering: Clinical Legal Education And A New Poverty Law Agenda, Juliet M. Brodie

Washington University Journal of Law & Policy

Ours is the “post-welfare” era, and it is ripe with opportunities for poverty lawyers to shape a new poverty law agenda. This era is characterized by the millions of former welfare recipients who entered the wage-labor force, and by a new public dialogue about post-welfare poverty. Journalists, social scientists, and policymakers have been watching these “welfare leavers,” assessing their labor market participation, their “success,” and their economic well-being. Together, these observers and actors have created a new academic, political, and cultural terrain on which American poverty is debated and constructed—one where “the working poor” has replaced “the welfare recipient ...


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.


Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, Paul L. Caron Jan 2006

Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, Paul L. Caron

Washington University Law Review

A perennial debate in higher education in general, and in legal education in particular, is whether a robust scholarly life helps or hurts a professor’s teaching performance. Taking inspiration from panelist Jim Lindgren’s work, Are Scholars Better Teachers?, which concludes that better scholars are perceived by students to be better teachers, Caron asks a panel, “Are Scholars Better Bloggers?” These comments explore both scholarship and blogging data to begin to answer that question.


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.