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Wednesday, October 2, 2013

How to Get Cited by the Supreme Court

Darius Robinson and Bradley Charles have this nice, short paper on the United States Supreme Court's use of secondary legal authority.  Summarizing the results of their survey of the Court's 2011-12 term, they note:

• The Court used law-review articles in fewer than half of the 77 decided cases.
• Liberal justices cited 75% of the articles used by the Court.
• The Court generally used articles for law reviews’ traditional role of reviewing the law as opposed for substantive legal analysis.
• The Court used law-review articles the most on these area of law: evidence,
patent, copyright, and the U.S. Constitution’s Sixth Amendment.
• The Court still cites top-tier schools the most, but many other lower-ranked
law reviews are cited as well, and the total amount of articles is distributed
over a large field of schools.
I note with some dismay that I have not published on the subjects of evidence, patent, copyright, or the Sixth Amendment.  On the other hand, I have written posts on evidence, patent, copyright, and the Sixth Amendment.  Hopefully the author's findings apply equally to blog posts.

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