Law Commons^™

Bridging Gaps And Blurring Lines: Integrating Analysis, Writing, Doctrine, And Theory, Susan J. Hankin

Faculty Scholarship

This article is an outgrowth of the author’s participation in a July 29, 2009 panel presentation, “Change in Legal Education: Practical Skills,” at the Symposium, YES WE CArNegie: Change in Legal Education after the Carnegie Report. The article responds to the Carnegie Report’s call to “bridge the gap between analytical and practical knowledge” by presenting two models for integrating skills with doctrine in the first-year curriculum. The first model, built into the curriculum at the University of Maryland School of Law, involves teaching the first semester Legal Analysis & Writing course by pairing it with another required first-semester course, Torts, …

Is Legal Scholarship Out Of Touch? An Empirical Analysis Of The Use Of Scholarship In Business Law Cases, Michelle M. Harner, Jason A. Cantone

Faculty Scholarship

Commentators have observed two apparent trends in the use of legal scholarship by the judiciary. First, judges now cite law review articles in their opinions with less frequency. Second, despite this general decline in the invocation of legal scholarship, judges now cite articles in specialty journals with more frequency.

Some commentators attribute the apparent decline in the courts’ use of legal scholarship to the increasingly theoretical and impractical nature of that scholarship. A few studies even suggest that the increasing use of specialty journals by the courts reflects the gap between the content of legal scholarship in general law reviews …