History and Counter-History: 25 Years of Writing for the High Court

Sydney Law Review, Vol. 37, No. 4, pp. 567-593, 2015

Sydney Law School Research Paper No. 16/08

26 Pages Posted: 27 Jan 2016

See all articles by Arlie Loughnan

Arlie Loughnan

The University of Sydney Law School

Shae McCrystal

The University of Sydney Law School

Date Written: January 26, 2016

Abstract

In 1991, the Sydney Law Review commenced publishing a column discussing cases due to be heard by the High Court of Australia. On the 25th anniversary of the Before the High Court (‘BTHC’) column, this paper provides an overview of the history of the column, its genesis and a measure of the take-up of BTHC columns by the High Court and elsewhere. The BTHC column has been and remains significant, both as a facilitator of scholarly engagement with High Court decision-making, and as part of a wider tradition of legal academic writing for courts. The paper suggests that the BTHC represents both history — of academic analysis and arguments taken up by the Court — and counter-history — the alternatives or paths not taken at significant junctures in the development of law in Australia.

Keywords: Australian High Court, academic writing for judges, citations of academic writing by judges, impact of legal scholarship on law

JEL Classification: K10, K30

Suggested Citation

Loughnan, Arlie and McCrystal, Shae, History and Counter-History: 25 Years of Writing for the High Court (January 26, 2016). Sydney Law Review, Vol. 37, No. 4, pp. 567-593, 2015; Sydney Law School Research Paper No. 16/08. Available at SSRN: https://ssrn.com/abstract=2722959

Arlie Loughnan (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0246 (Phone)
+61 2 9351 0200 (Fax)

Shae McCrystal

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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