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Legal scholarship

2015

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Full-Text Articles in Law

Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury Oct 2015

Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury

Laura A. Rosenbury

In their call for papers, the organizers of the Columbia Journal of Gender and Law’s Spring 2003 symposium “Why a Feminist Law Journal?” posed several questions, including: "Are feminist law journals a victim of their own success? Have they outlived their usefulness?" and "What is the state of feminist legal scholarship today? What constitutes feminist scholarship?" As a new member of the legal academy, my answers to their questions depend on answers to two more basic questions: What has been published in feminist law journals? And, how do those articles relate to feminist articles published in non-specialty, or flagship, law …


A Quartet Of Essays On Scholarship, David Barnhizer Sep 2015

A Quartet Of Essays On Scholarship, David Barnhizer

David Barnhizer

Regardless of academic rhetoric, universities are powerful institutional systems that are as doctrinaire and hidebound in their behavior as any other institution whose beneficiaries are seeking to protect vested interests or simply defend that with which they are most familiar and on which their training is based and reputations sustained. This is consistent with Keynes’ conclusion that most university faculty are little more than “academic scribblers” who live their lives content to operate within the safe confines of the ideas and reward system in which they were initially indoctrinated and from which they extract benefits. While the ideal of the …


Scholarly Legal Monographs: Advantages Of The Road Less Taken, William G. Ross Jul 2015

Scholarly Legal Monographs: Advantages Of The Road Less Taken, William G. Ross

Akron Law Review

Although many of Professor Bernard J. Hibbitts's criticisms of law reviews in the accompanying article may be excessive, Hibbitts's arguments for the advantages of self publication on the Web are provocative. Although I do not believe that self publication is likely to replace law reviews during the foreseeable future, Hibbitts almost surely is correct in predicting that increasing numbers of law professors will use the Web as an alternative to traditional modes of publication.

Hibbitts, however, has overlooked another alternative to the traditional law review books. This is not surprising, since legal academics traditionally have disseminated their scholarship through law …


Review Of Hibbitts's Last Writes?, Trotter Hardy Jul 2015

Review Of Hibbitts's Last Writes?, Trotter Hardy

Akron Law Review

Professor Hibbitts's review of the history of law reviews was interesting. For me, the most notable part of that history was his placing the law review in context, not only of the times and the desire of law faculty to be recognized as part of the academic world, but of technology. He points out that declining costs in the print publishing world helped fuel the growth of law reviews. I do not know the history of publishing well enough to know whether the 1890s (the beginning period of law review formation) was a watershed time, but surely publishing costs do …


Swift, Modest Proposals, Babies, And Bathwater: Are Hibbitts's Writes Right?, Thomas R. Bruce Jul 2015

Swift, Modest Proposals, Babies, And Bathwater: Are Hibbitts's Writes Right?, Thomas R. Bruce

Akron Law Review

That is one of the reasons I fidget a bit as I read Last Writes?. I think that doing what Hibbitts proposes and more to the point, doing it well will be rather more work than he lets on, and will be anything but immediate. It will be a difficult kind of work, the thorny, self critical kind that law schools generally avoid like the plague. While Hibbitts does an excellent job of outlining the possible objections to his "modest proposal," I think that he underestimates the tenacity of the existing culture. I also think he misses some of the …


Eliminate The "Middle Man"?, Richard Delgado Jul 2015

Eliminate The "Middle Man"?, Richard Delgado

Akron Law Review

The Editors of the Akron Law Review have asked me what I think of Bernard Hibbitts's suggestion that legal scholars do away with the law review as an institution and publish their work directly on the Internet, as he has done.

I like the idea of publishing one's work directly on the Internet. Self- publishing has a long and honorable history. Indeed, our early colonial patriots surreptitiously typeset tracts and pamphlets like Common Sense in homes and small back-alley print shops and distributed them themselves a method that could be likened to today's desktop and Internet publishing. Even in our …


How Valid Is The Often-Repeated Accusation That There Are Too Many Legal Articles And Too Many Law Reviews?, Howard A. Denemark Jul 2015

How Valid Is The Often-Repeated Accusation That There Are Too Many Legal Articles And Too Many Law Reviews?, Howard A. Denemark

Akron Law Review

Law professors working at terminals with an Internet connection to the Web need not worry any more about whether the subject of a piece is too esoteric, too doctrinal, too complicated or even too impolitic for law review editors; we are free to write and publish on the topics of our choice. This freedom might give us a useful antidote to the substantive . . . sameness of the reviews as they now exist. On the Web, we need not endure months of frustrating or embarrassing delay while our papers are judged, peer reviewed, edited or printed in formal journals; …


The Future Of Legal Scholarship And Scholarly Communication: Publication In The Age Of Cyberspace, David A. Rier Jul 2015

The Future Of Legal Scholarship And Scholarly Communication: Publication In The Age Of Cyberspace, David A. Rier

Akron Law Review

In Part I of this paper, I will review the essentials of Hibbitts's discussion, and his argument that electronic self-publication of legal scholarship soon willand shouldreplace the edited, printed law review as we know it today. In Part II, I apply sociological analysis to explore some special features of the audience for and functions of legal scholarship. I will build upon this discussion in Part III, which explains why legal scholarship is a poor candidate for electronic self-publication, and why self-publication is a poor use of the Internet's potential for scholarly communication. In the concluding Part IV, I outline some …


Academic Freedom And Legal Scholarship, Robert C. Post May 2015

Academic Freedom And Legal Scholarship, Robert C. Post

Journal of Legal Education

No abstract provided.


The Open Access Advantage For American Law Reviews, Carol A. Watson, James M. Donovan, Caroline Osborne Apr 2015

The Open Access Advantage For American Law Reviews, Carol A. Watson, James M. Donovan, Caroline Osborne

Caroline L. Osborne

Open access legal scholarship generates a prolific discussion, but few empirical details have been available to describe the scholarly impact of providing unrestricted access to law review articles. The present project ills this gap with specific findings on what authors and law reviews can expect.

Articles available in open access formats enjoy an advantage in citation by subsequent law review works of 53%. For every two citations an article would otherwise receive, it can expect a third when made freely available on the Internet. This benefit is not uniformly spread through the law school tiers. Higher tier journals experience a …


The Age Of ‘Depoliticisation’ And ‘Dejuridification’ And Its ‘Logic Of Assembling’: An Essay Against The Instrumentalist Use Of Comparative Law’S Geopolitics, Luca Siliquini-Cinelli Apr 2015

The Age Of ‘Depoliticisation’ And ‘Dejuridification’ And Its ‘Logic Of Assembling’: An Essay Against The Instrumentalist Use Of Comparative Law’S Geopolitics, Luca Siliquini-Cinelli

Loyola of Los Angeles International and Comparative Law Review

While comparative law has become a key discipline, its instrumentalist use has turned out to be a powerful weapon: it is the ‘pen’ by which the identity of and differences in law’s geopolitics are continually written and rewritten. Given its attractive functionalist essence, comparative law is gaining increasing international credit as a way of developing newer theories of sovereignty and governance in a framework in which law is conceived of less as a set of rules and more as a symbolic vestimentum of global soft power. The present contribution critically investigates the relationship between distortive views of comparative law’s geopolitics …


Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer Mar 2015

Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer

Touro Law Review

No abstract provided.


The Open Access Advantage For American Law Reviews, Carol A. Watson, James M. Donovan, Caroline Osborne Mar 2015

The Open Access Advantage For American Law Reviews, Carol A. Watson, James M. Donovan, Caroline Osborne

Scholarly Works

Open access legal scholarship generates a prolific discussion, but few empirical details have been available to describe the scholarly impact of providing unrestricted access to law review articles. The present project ills this gap with specific findings on what authors and law reviews can expect.

Articles available in open access formats enjoy an advantage in citation by subsequent law review works of 53%. For every two citations an article would otherwise receive, it can expect a third when made freely available on the Internet. This benefit is not uniformly spread through the law school tiers. Higher tier journals experience a …


The Importance Of Being Empirical, Michael Heise Feb 2015

The Importance Of Being Empirical, Michael Heise

Michael Heise

Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.


Why We Write: Reflections On Legal Scholarship, Emily Sherwin Feb 2015

Why We Write: Reflections On Legal Scholarship, Emily Sherwin

Emily L Sherwin

No abstract provided.


There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law, Michael L. Perlin Jan 2015

There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law, Michael L. Perlin

Articles & Chapters

In this article, I discuss my historical involvement with therapeutic jurisprudence (TJ), how I use it in my classes (both in the free-standing TJ class and in all the others that I teach), its role in my written scholarship, and its role in conferences that I regularly attend. Although this is all positive and supportive of all efforts to widen the appeal of TJ as well as its applicability in the classroom, in scholarship and in “real life,” I also share some information that is far from optimistic with regard to the way that TJ is being reacted to by …


People Of The Book: Judaism’S Influence On American Legal Scholarship, My Journey From Judaism To Jewish Law, Donna Litman Jan 2015

People Of The Book: Judaism’S Influence On American Legal Scholarship, My Journey From Judaism To Jewish Law, Donna Litman

Faculty Scholarship

My personal study of the Torah and the Talmud as an adult has enhanced my legal scholarship and helped shape my current thinking on legal theory. At the same time, my professional legal training and experience as a law professor has shaped my understanding of Judaism and provided a legal terminology and a lens by which to view the array of Jewish laws. A confluence of events helped shape my personal and professional journey.


A Trilogy Of Essays On Scholarship, David Barnhizer Jan 2015

A Trilogy Of Essays On Scholarship, David Barnhizer

David Barnhizer

At the beginning it is helpful to realize that the five versions of the scholarly ideal produce different forms of intellectual work with distinct goals and motivations. The scholar engaging in such activity can vary dramatically in terms of what the individual is seeking to achieve through his or her research output and actions that might be taken related to the findings reflected in that product. Similarly, there is a diverse set of targets at which the work is directed. These targets include communicating ideas and knowledge to other scholars who are invested in a specific sub-discipline. They also include …


Synergy And Tradition: The Unity Of Research, Service, And Teaching In Legal Education, Frank A. Pasquale Jan 2015

Synergy And Tradition: The Unity Of Research, Service, And Teaching In Legal Education, Frank A. Pasquale

Faculty Scholarship

Most non-profit law schools generate public goods of enormous value: important research, service to disadvantaged communities, and instruction that both educates students about present legal practice and encourages them to improve it. Each of these missions informs and enriches the others. However, technocratic management practices menace law schools’ traditional missions of balancing theory and practice, advocacy and scholarly reflection, study of and service to communities. This article defends the unity and complementarity of law schools’ research, service, and teaching roles. (For those short on time, the chart on pages 45-46 encapsulates the conflicting critiques of law schools which this article …


Scholarship Against Desire, Shari Motro Jan 2015

Scholarship Against Desire, Shari Motro

Law Faculty Publications

This article uses my own experience navigating the law review placement process to reflect on the dynamics that shape intellectual life at American law schools. My recent work focuses on the legal relationship between unmarried lovers who conceive. At its heart, it is about the law’s role in shaping the precursor to pregnancy—heterosexual sex. When I began researching this topic what I was most curious about was how law and culture might conspire to foster connections that are more loving and less violent, more authentic and less alienated. Pursuing this topic—which would entail exploring big existential questions to which I …


Governmental Power Versus Individual Liberty, Vincent R. Johnson Jan 2015

Governmental Power Versus Individual Liberty, Vincent R. Johnson

Faculty Articles

Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty.

The public careers of Tom and Ramsey Clark were largely sequential, but …


Intentionalism Justice Scalia Could Love, Hillel Y. Levin Jan 2015

Intentionalism Justice Scalia Could Love, Hillel Y. Levin

Scholarly Works

There is something useful, indeed beautiful, about a work that carefully and eloquently explores a new idea or reexamines an old one. The Nature of Legislative Intent is therefore useful and beautiful, and it offers much of philosophical value for textualist and non-textualist alike. but it offers little of practical consequence and is therefore unlikely to advance the ball outside of the hall of academia, not simply because of the failure of judges to take legal scholarship seriously (which is there loss, as well as sosciety's), but because on its own terms it cannot.


Governmental Power Versus Individual Liberty., Vincent R. Johnson Jan 2015

Governmental Power Versus Individual Liberty., Vincent R. Johnson

The Scholar: St. Mary's Law Review on Race and Social Justice

Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty. The public careers of Tom and Ramsey Clark were largely sequential, but …


Disciplining Legal Scholarship, Lynn M. Lopucki Jan 2015

Disciplining Legal Scholarship, Lynn M. Lopucki

UF Law Faculty Publications

U.S. law schools are hiring large proportions of J.D.-Ph.D.s in tenure-track faculty positions in an effort to increase the quantity and quality of empirical legal scholarship. That effort is failing. The new recruits bring methods and objectives unsuited to law. They produce lower-than-predicted levels of empiricism because they compete on the basis of methodological sophistication, devote time and resources to disputes over arcane issues in statistics and methodology, prefer to collaborate with other Ph.D.s, and intimidate empiricists whose work does not require high levels of methodological sophistication. In short, Ph.D.s impose the cultures of their disciplines on legal scholarship. Importing …


The Most Scholarly Justices, Brian L. Frye Jan 2015

The Most Scholarly Justices, Brian L. Frye

Law Faculty Scholarly Articles

Supreme Court justices both use and produce legal scholarship. This article identifies the ten most scholarly justices, based on both productivity and impact.


Law School Culture And The Lost Art Of Collaboration: Why Don't Law Professors Play Well With Others, Michael I. Meyerson Jan 2015

Law School Culture And The Lost Art Of Collaboration: Why Don't Law Professors Play Well With Others, Michael I. Meyerson

All Faculty Scholarship

I have an Erdős number. Specifically, I have an Erdős number of 5. For the uninitiated, the concept of an “Erdős number” was created by mathematicians to describe how many “degrees of separation” an author of an article is from the great mathematician Paul Erdős. If you coauthored a paper with Erdős, you have an Erdős number of 1. If you coauthor a paper with someone with an Erdős number of 1, you have earned an Erdős number of 2. Coauthoring a paper with someone with an Erdős number of 2 gives you an Erdős number of 3, and so …