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Full-Text Articles in Law
On File With: Challenges Of Inaccessible References, Austin Martin Williams
On File With: Challenges Of Inaccessible References, Austin Martin Williams
Georgetown Law Faculty Publications and Other Works
This article examines the use of “on file with” citations in student-edited law reviews and journals and their impact on future research endeavors. It then explores potential remedies to make unpublished materials held by authors more accessible and identifies factors to consider before posting these materials online. Finally, it argues that law libraries are best suited to develop solutions for making unpublished materials more accessible and to serve as long-term stewards of these valuable resources.
“If Rules They Can Be Called”, Amy J. Griffin
“If Rules They Can Be Called”, Amy J. Griffin
Georgetown Law Faculty Publications and Other Works
Who gets to decide what counts as law? The weight of authority in the U.S. legal system is governed almost entirely by unwritten rules—social norms that establish which sources have weight (and how much weight they have). In 2016, Bryan A. Garner and twelve judges published a treatise essentially codifying unwritten rules related to the operation of precedent. That book, The Law of Judicial Precedent, has itself become a source of authority (on legal authority), cited by judges across jurisdictions. In this essay, I question whether the judicial norms governing the operation of precedent are appropriately presented as definitive blackletter …
Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World., Rima Sirota
Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World., Rima Sirota
Georgetown Law Faculty Publications and Other Works
Mandatory continuing legal education (CLE) takes millions of hours and hundreds of millions of dollars from American lawyers every year, with the burden landing in disproportionate fashion on new lawyers, public interest lawyers, and solo practitioners. CLE proponents insist that the system protects the public by maintaining lawyer competence. In the forty-five years since the first jurisdictions began requiring CLE, no evidence has emerged in support of this claim.
This Article argues that mandatory CLE is indefensible in its current state. Either the legal profession and the CLE industry must commit to study and change, or it is time to …