What is Scholarly Legal Writing? An Introduction to Different Perspectives (On US Qualified Immunity Doctrine) (Presentation Slides)

Abstract

How do you write a law article? It turns out there is no one ‘right way’. Legal problems can be analysed from different angles. Law journals are full of diverse perspectives on the law.

This document provides an introduction to the different types of legal scholarship that can be found in law journals. It illustrates using scholarship on the American judicial doctrine of qualified immunity, which shields government officials from legal liability for ‘constitutional torts’. Qualified immunity can be analysed from the perspective of doctrine, policy, comparative law, history, economics, empirics, sociology, and philosophy. One issue; many perspectives.

Keywords: legal scholarship, legal writing, pedagogy, constitutional remedies, Bivens, section 1983, Harlow v. Fitzgerald, Saucier v. Katz, Pearson v. Callahan, Baxter v. Bracey, Black Lives Matter, Dicey, rule of law, equality principle