Wednesday, December 2, 2009
Is blogging legal scholarship? That is the 64,000 question raised by several scholars. Orin Kerr of The Volokh Conspiracy as well as Doug Berman, Steve Bainbridge, Ann Althouse recently blogged about this.
Readers may be surprised at my take on all of this. Blogging is NOT legal scholarship. Why? Because a one page posting analyzing a recent case is not nearly as comprehensive as an article. It also does not go through the cite check process and is meant to be a single story.
Are some blog postings important? Yes. Do some blogs contribute to the development of the law? Absolutely. But they are not scholarship. I view them the same as articles in law related publications such as the National Law Journal or law.com. They have a place in the legal academy and should count for something by law schools-but they are not legal scholarship.
Mitchell H. Rubinstein