Paul L. Caron

Friday, March 29, 2019

Weekly Legal Education Roundup

Comment: A couple of weeks ago, this blog posted TaxProf Blog op-ed: A Defense and Explanation of the U.S. News “Citation” Ranking, by Ted Sichelman (San Diego).  Many members of the legal writing community posted comments about this article because it advocated leaving "non-doctrinal" professors out of U.S. News survey of legal citations.  In response to one of the comments, Professor Sichelman wrote, "you assume that there are large numbers of citations to articles about legal teaching and, more generally, works by “non-doctrinal” faculty, at least relatively speaking. However, very few of these articles and very few of these faculty have sizable numbers of citations."

This statement ignores the very real contributions that "non-doctrinal" professors have made to legal scholarship in all areas.  Because I know legal writing better than the other areas, the rest of this comment will focus on it.

In 2005, two legal writing professors wrote in a survey of scholarship by legal writing professors, "The data we use derives in significant part from the bibliography presented at the end of this Article, which lists publications written by members of the academy who consider legal writing and rhetoric a primary area of their expertise. The bibliography contains entries for more than 300 authors. It includes entries for more than 350 books, book chapters, and supplements, as well as more than 650 articles published in traditional, student-edited law reviews."  Terrill Pollman & Linda H. Edwards, Scholarship by Legal Writing Professors: New Voices in the Academy (2005).  In addition to legal writing scholarship, the bibliography includes scholarship in all areas of legal knowledge.  Since the publication of this bibliography, there has been a mountain of scholarship by legal writing professors.

Here are some other sources on scholarship by legal writing professors:

Berger, Linda L.; Edwards, Linda H.; and Pollman, Terrill, The Past, Presence, and Future of Legal Writing Scholarship: Rhetoric,Voice, and Community (2010).

Here are some of the SSRN downloads by present and former legal writing professors:

Robin Boyle 5,571

Kathy Stanchi 4,747

Ruth Anne Robbins 3,578

Scott Fruehwald 17,568

Michael Higdon 8,539

Linda Berger 3,657

Lucy Jewel 2,353

Ken Chestek 2,970

K. K. DuVivier 2,607

Anne Enquist 4,310

Judy Fischer 7,623

Adam Lamparello 6,657

Suzanne Rowe 2,783

Wayne Schiess 5,079

Sue Liemer 3,108

Kathy Vinson 5,261

Mark Wojcik 7,191

This is just a very quick list.  There are many more legal writing professors with thousands of downloads.

In sum, if you are doing a citation study of a law school faculty, you will not have done a complete study unless you include all full-time faculty.  "Non-doctrinal" faculty significantly contribute to a law school.  They should be recognized for their contribution.

Legal Education, Scott Fruehwald, Weekly Legal Ed Roundup | Permalink


Here are a few more downloads for legal writing profs:

Robert Kahn 3,130
Michael Murray 7,858
Mitchell Nathanson 11,628 (be press)
Ken Chestek 2,964

Again, this list is not complete.

Posted by: Scott Fruehwald | Mar 29, 2019 3:59:48 PM