Abstract

http://ssrn.com/abstract=989521
 
 

Footnotes (50)



 


 



Law Reviews vs. the Courts: Two Thoughts from the Ivory Tower


Stephen I. Vladeck


American University - Washington College of Law


Connecticut Law Review, Vol. 39, 2007
American University, WCL Research Paper No. 08-08

Abstract:     
Much has been made recently of the charge by federal judges that law reviews have become all-but-irrelevant to contemporary judicial decisionmaking, and that, as Second Circuit Judge Robert Sack put it, even when judges do use law reviews today, they use legal scholarship the same way drunks use lampposts - for support rather than illumination.

This short essay - prepared for the debut of CONNtemplations, the online companion to the Connecticut Law Review - considers the possible role that the ever-shrinking scope of judicial discretion may have on the ability of jurists today to rely upon legal scholarship. Although the recent trend toward the cabining of judicial discretion cannot fully account for the extent to which judges are finding law reviews increasingly inaccessible, the essay suggests that far more attention should be paid to the effects vis-a-vis legal scholarship of this well-documented trend toward more rigid judicial decisionmaking.

Moreover, to whatever extent that there is a correlation between the decline of judicial discretion and the growing complaints that legal scholarship is irrelevant and inaccessible, the essay suggests that online companions, such as CONNtemplations, may help make legal scholarship more accessible to those in the best position to use it - to practitioners.

Number of Pages in PDF File: 11

Accepted Paper Series





Download This Paper

Date posted: May 29, 2007 ; Last revised: December 26, 2007

Suggested Citation

Vladeck, Stephen I., Law Reviews vs. the Courts: Two Thoughts from the Ivory Tower. Connecticut Law Review, Vol. 39, 2007; American University, WCL Research Paper No. 08-08. Available at SSRN: http://ssrn.com/abstract=989521

Contact Information

Stephen I. Vladeck (Contact Author)
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
202-274-4241 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,654
Downloads: 212
Download Rank: 84,122
Footnotes:  50

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.359 seconds