Tuesday, March 16, 2010
This article is authored by Alexandra Braun, a Teaching Fellow of Law at Oxford, and can be found at 58 Am. J. Comp. L. 27 (2010). From the abstract:
Until recently English judgments were characterized by a dearth of references to academic legal writing. This is often ascribed to the existence of a professional convention preventing judges and counsel from citing living authors. While there is generally no doubt that such a convention did exist, it is not certain whether and to what extent it actually involved and affected legal academics and their role within the English legal system. This Article examines the claims that have been made about the genesis and the nature of the convention and attempts to shed light on the true reasons for its emergence, as well as its impact on the status of legal writing in England and the relationship between judges and legal academics.
I am the scholarship dude.