The Law Reviews vs. the Courts
posted by Steve Vladeck
I’ve just posted to SSRN the near-final version of a short essay I wrote for “CONNtemplations,” the soon-to-debut online companion to the Connecticut Law Review, titled “The Law Reviews vs. the Courts: Two Views from the Ivory Tower.” The essay advances the (perhaps somewhat counterintuitive) claim that part of the reason why federal judges have found law reviews increasingly unhelpful is because their own discretion, both procedurally and substantively, has been substantially cabined in recent years…
I explain in somewhat more detail in the essay, which I (shamelessly) encourage you to check out — it’s a quick read, too. But I wanted to blog about it here to see if folks think there’s any possible connection. As Congress and the Supreme Court have narrowed the scope of review in all kinds of cases, as courts have relied that much more frequently on harmless error and the like, etc., is there something to be said for _that_ trend having an impact on the utility vel non of legal scholarship? Or, are we just, as Second Circuit Chief Judge Jacobs recently suggested, hopelessly out of touch?