Bezalel Stern of Columbia University has published Nonlegal Citations and the Failure of Law: A Case Study of the Supreme Court 2010-2011 Term , Whittier Law Review , 35, 75-102 (2013).
Here is the abstract:
Nonlegal citations both exist and proliferate within contemporary judicial opinions. This realization could — indeed, it should — lead the reader to ask a fundamental question: What are these nonlegal citations doing in a judicial opinion?
This article aims to answer that question. I present in this article an empirical view of the Supreme Court’s relationship to nonlegal citations in its jurisprudence, using the Supreme Court’s October 2010 Term as a case study. By analyzing the number and usage of nonlegal citations from this Term, as well as the information collected by earlier scholars studying similar material, I provide the beginnings of an explanation of what exactly nonlegal sources are used for in Supreme Court opinions, both rhetorically and legally. In doing so, I hope to help clarify why nonlegal citations exist in Supreme Court opinions at all.
Filed under: Articles and papers, Case studies, Research findings Tagged: Bezalel Stern, Citations in court decisions, Citations in judicial decisions. Nonlegal citations in court decisions, Judicial communication, Legal citations, Legal communication, Legal rhetoric, Nonlegal citations in judicial decisions, Whittier Law Review
via Legal Informatics Blog http://ift.tt/1gt6trD
Niciun comentariu:
Trimiteți un comentariu