Brent Evan Newton, do
Centro Jurídico da Georgetown University, publicou o artigo Law Review Scholarship in the Eyes of the Twenty-First
Century Supreme Court Justices: An Empirical Analysis (Drexel
Law Review, Vol. 4, p. 399, 2012), em que mostra o relativo descaso dos juízes,
principalmente da Suprema Corte dos Estados Unidos, em relação aos trabalhos
acadêmicos
"... The current Justices have cited
law review articles with less frequency than their predecessors did in the
three decades before, which suggests that the current Justices may view current
law review scholarship as generally less useful than the members of the Court
did a generation ago. Nearly four out of ten of the authors of the cited
articles were not full-time members of the legal academy. Considering that
writing law review articles is the primary activity of America’s ten
thousand-plus full time law professors, the fact that the Justices cite so many
articles written by other authors permits the inference that much of the
professiorate’s scholarship does not have value or relevance to the Justices
(or to the bench and bar generally). The Justices also have cited articles from
the full gamut of law reviews in the rankings, including many law reviews that
are not deemed “tenure-worthy,” at least from the perspective of the hiring and
promotion committees at many “elite” law schools".
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