Scott Key & Associates
  • Home
  • Practice Areas
    • Embedded Counsel
    • Appeals
    • Trial Litigation
  • Meet The Team
    • Scott Key
    • Kayci Timmons
    • Tori Bradley
    • Sam Kuperberg
  • Resources
    • Blogs
    • Podcasts
    • Upload Consultation Documents
    • FAQs
  • Contact
  • Call 678-610-6624
  • Menu Menu

Are Law Review Articles Relevant in Georgia or 11th Circuit Appellate Decisions?

August 5, 2010/by J. Scott Key

Kirk Jenkins, at The Appellate Strategist Blog, poses an interesting question. Does Legal Scholarship Have an Impact on the Work of the Courts? The ABA and some judges say no, and a recent study says yes.

Mr. Jenkins quotes United States Chief Justice John Roberts who recently characterized legal scholarship as not “particularly helpful” in deciding cases. He cites an ABA study that commented that practicing lawyers view legal scholarship as “irrelevant to their day-to-day concerns.” He reports that even law school professors believe that legal scholarship as increasingly removed from the work of the courts.

Such a view seems odd with the introduction of Google Scholar, blogs, and other places where law review articles are more available than ever before. You don’t have to be a member of a big firm with a library that subscribes to law review articles to get them, and you don’t have to trudge over to a law school or courthouse library to find law review articles.

In fact, I read my first law review article in a long time (PDF) after I found out about it on a blog. I found the article, put it on my iPad as a pdf, and found myself immersed in a seemingly esoteric debate with real world application to how I respond to my clients’ ideas for the handling of their case. It challenged some of my practices, made me consider some, reject others, and change my approach to hopefully be less paternalistic and more client-centered. So, not only are law review articles easy to find, they are easier to copy and to carry than they were just a few years ago. The law review article was very relevant to my practice.

From there I read another article about the professor who wrote the piece and discovered that one of her law review articles had come up in a Supreme Court Oral Argument and mentioned in the opinion. Now, I find myself more open to reading law review articles, particularly as a starting point for legal research as I begin to prepare a brief or consider issues to preserve for appeal.

Mr. Jenkins found some research indicating that legal scholarship may be in its heyday. According to a new study from Professor David Schwartz of Chicago-Kent College of Law and Lee Petherbridge of Loyola Law School, legal scholarship is on the rise in the appellate courts. This excellent study looked for citations to law review articles in 296,098 opinions and found an increase in citations.

The blog post ends with a question: are practitioners citing to law review articles in briefs? They really should — put differently, I really should. In fact, with the Georgia Supreme Court re-examining precedent and its value, now may be the best time ever to cite to law review articles that criticize the reasoning behind precedent.

I’d probably leave off the law review articles that apply de-constructionist literary theory to jury charges for now, though.

Tags: Hashimoto, Law Review Articles, Legal Opinions, Legal Scholarship, Relevance of Academia
Share this entry
  • Share on Facebook
  • Share on X
  • Share on X
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
0 0 J. Scott Key /wp-content/uploads/SK-Logo-Black-White.png J. Scott Key2010-08-05 20:00:002010-08-05 20:00:00Are Law Review Articles Relevant in Georgia or 11th Circuit Appellate Decisions?
0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

You must be logged in to post a comment.

Related Resources

  • Living a Fulfilling Life (as a Lawyer)
  • Originalist Textualism 101 for Practitioners with Keith Blackwell
  • What I’ve Read, Heard, And Am Pondering This Week: June 1
  • Textualism As An Advocacy Tool
  • What I’ve Read, Heard, And Am Pondering This Week: March 7
  • Embracing the Legal Fundamentals with William Maselli

Archives

  • October 2024
  • July 2022
  • June 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • October 2020
  • July 2020
  • June 2020
  • December 2019
  • November 2019
  • October 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • July 2018
  • May 2018
  • April 2018
  • March 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • June 2017
  • May 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • February 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • July 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • August 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • January 2014
  • December 2013
  • September 2013
  • July 2013
  • June 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010

ADDRESS

199 W Jefferson St.
Madison, GA 30650

PHONE

678-610-6624

EMAIL

tori@scottkeylaw.com
© Scott Key & Associates, all rights reserved. | Website by Madison Studios  
  • LinkedIn
  • Youtube
U.S. v. Irey: The Return of the Federal Sentencing Guidelines in the 11th C...Good Appellate Writing is Not Stuffy or Formalistic
Scroll to top