Friday, May 10, 2019
Comment: Scott Fruehwald (Legal Skills Prof Blog), Why I Support The ABA's Standard 316 Proposal. "All law schools must do their part to increase opportunities for everyone. However, they should not be able to do this by admitting unprepared students, then doing nothing to help them become effective attorneys or pass the bar."
Comment: Kevin Bennardo & Alexa Chew (UNC), Citation Stickiness. The authors concluded "We analyzed 325 cases in the federal courts of appeals. Of the 7552 cases cited in those opinions, more than half were never mentioned in the parties’ briefs." This is astounding. It raises the question of why lawyers aren't doing a better job of citing the essential cases to the court. And there's more: "In our 325-case data set, the parties cited 23,479 cases. Of those, only 16% were later cited by the courts in their opinions—or to use our nomenclature, only 16% of the cases cited in the briefs were sticky." These results makes me wonder if law schools need to teach legal research differently.