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December 9, 2010
Justice Kennedy: "I will look in Corpus Juris Secundum or ALR or something."
So said Justice Kennedy about "licensing" in yesterday's oral argument in Chamber of Commerce v. Whiting. Link to the compete transcript at SCOTUSblog. For details and analysis, see CUNY Law's Professor of Law & University Distinguished Professor Ruthann Robson's Constitutional Law Prof Blog post, Chamber of Commerce v. Whiting Oral Argument Analysis: An Arizona Immigration Statute Before the Supreme Court.
Justice Kennedy's statement prompts any number of questions:
- Does Justice Kennedy's law clerks know what "CJS or ALR or something" is? Will they run to the Court's library staff for help? Call a West reference attorney?
- Will West's editoral staffer(s) responsible for writing the CJS, ALR or "something," if it gets cited by SCOTUS, receive a cash bonus, a free lunch, a better parking spot, an employee of the day award, 10 shares of TRI stock, a five minute tour of the executive floor or a "good job" email from TRI CEO Tom Glocer? (Horrors, what if a LexisNexis print title is cited instead!)
- Will some law prof write up something quickly on the topic and post it on SSRN before grading final exams in the off chance that it might be cited by SCOTUS? Perhaps a blog post on The Volokh Conspiracy? Even better, a tweet because SCOTUS hasn't cited one yet.
- Will the issue be used in LRW class assignments across the legal academy next semester?
- Will a law librarian check out how many entries down the WestlawNext output display, a relevant "CJS or ALR or something" in the secondary literature is listed?
Well, I killed ALR this year and recycled all vols because it just wasn't worth the expense and is available on Classic Westlaw and Lexis online. Ditto CJS and AMJUR in print.
Posted by: Joe Hodnicki | Dec 9, 2010 2:41:48 PM
How about this one:
Will West repackage CJS into a softbound annual, jack the price up 300% annually, and then after 3 years of this go back to a hardbound set with pocket parts?
As an aside, we got three volumes of the ALR Later Case Service for ALR 2d and Thomson Reuters West charged us $800! There is no way on earth that those three volumes should cost $800 because they are just a compilation of cases! There is a special place in hell for charging that much money.
Posted by: pcharles | Dec 9, 2010 10:44:10 AM