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Full-Text Articles in Law

Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter Oct 1993

Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter

Dalhousie Law Journal

Readers of court judgments will have observed that in the course of expressing reasons for the decisions they reach, judges commonly refer to books and articles written by academics. This is not surprising. Many scholarly publications contain information, arguments and opinions pertinent to the choices that judges must make, and lawyers commonly refer to such works in the written and oral arguments they present to courts. We would therefore expect the judges who must assess and respond to such arguments to make mention of that scholarly material. Moreover a certain portion of academic writing-in particular, a preponderance of law review …


Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …