Wednesday, April 25, 2012
The High Bench v. the Ivory Tower is an interesting Feb. 1, 2012 ABA Journal article. Anyone interested in legal scholarship should read it. It discusses whether legal scholarship means anything today. It points to recent statements by Chief Judge John Roberts which criticizes law reviews for focusing on theory as well as recent studies which show that law reviews are cited by courts.
I believe that there is a happy medium here. Law review scholarship is worth it, but it needs to change. I see very little utility in professors focusing on legal theory. They need to write about issues that litigants, lawyers and judges care about. The goal of a law review writer should be to be cited by a court. Sadly, today, too often the goal is to be cited by other law review commentators.
Mitchell H. Rubinstein