Cameron Miranda
Law reviews, also known as law journals, are the primary forum for legal scholarship in the US academic community. They are generated in almost all law bodies and institutions worldwide. In the US and Canada, most law reviews are run by students at law schools, in collaboration with faculty members, and are highly regarded as a source of insight and ideas that contribute to the bedrock of jurisprudence.
| Characteristics | Values |
|---|---|
| Location | In the US and Canada, most law reviews are housed at individual law schools |
| Editors | Edited by students, not professional scholars |
| Selection Process | Based on a combination of students' grades, their performance on a short article-writing competition, and an examination on citation rules |
| Content | Articles and essays by law professors, judges, and other legal scholars, and student-written "notes" or "comments" |
| Fact-Checking | Higher standard of fact-checking compared to faculty-run journals |
| Prestige | Membership is competitive and traditionally confers honor and prestige |
| Experience | Participation can be a valuable and enjoyable learning experience |
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What You'll Learn
Student-run law reviews
One of the primary benefits of student-run law reviews is the opportunity for students to develop essential legal research and writing skills. Through the process of editing, citation formatting, and proposition-checking, students enhance their understanding of the law and hone their analytical abilities. Additionally, student editors gain valuable leadership experience, managing large teams, budgets, and interacting with renowned scholars from around the world.
While some critics, like John G. Browning, argue that student-edited law journals are redundant, costly, and outmoded, supporters counter that they provide a platform for relevant and influential scholarship. For example, Justice Stanley Mosk of the Supreme Court of California credited a Fordham Law Review comment as the source of the idea for market share liability, cited in the Sindell v. Abbott Laboratories case in 1980. Furthermore, a 2012 study found an increase in the Supreme Court's use of law journals and reviews over the previous 61 years, particularly for important or challenging cases.
Despite the criticisms, student-run law reviews remain prestigious and influential within the legal community. Membership and editorial positions are highly competitive and often based on a combination of academic performance, writing skills, and knowledge of legal citation rules. Students who participate in these reviews gain valuable experience and credentials that can enhance their career prospects, with some even securing positions at prestigious law firms upon graduation.
In conclusion, while student-run law reviews may have their shortcomings, they continue to play a significant role in legal education and scholarship. They provide students with opportunities to develop critical skills, contribute to legal discourse, and engage with prominent members of the legal community. Despite the challenges and criticisms, the student-run law review model remains an enduring feature of legal education in North America.
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Law review membership
Law reviews are prevalent in almost all law bodies and institutions worldwide. In the United States and Canada, most law journals are based at individual law schools and are edited by students, a unique feature of law schools. Law reviews can provide valuable insights and ideas that contribute to the foundation of jurisprudence.
Membership selection for prestigious flagship law reviews is highly competitive. At Harvard Law School, for example, membership of the Harvard Law Review is highly sought-after, alongside positions on its secondary journals such as the Harvard Journal of Law & Technology. Selection for these reviews may consider a student's grades, their performance in a short article-writing competition, and their knowledge of Bluebook legal citation rules.
Once selected, members are typically expected to edit and cite-check articles, ensuring references are accurate and footnotes are correctly formatted. On some law reviews, members may also be expected to write a note or comment of publishable quality. Second-year students often act as staff members, while third-year students may take on editorial roles, including senior articles editor, senior note & comment editor, and senior managing editor. The editor-in-chief position is the most prestigious, and upon graduation, they are often highly recruited by top law firms.
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Law review articles
The articles are typically structured with extensive footnotes, citing primary authority and other secondary sources. These footnotes are particularly valuable to researchers as they provide easy access to the most relevant and persuasive primary authority. Law reviews also often include responses and commentaries to previous articles, creating a dynamic dialogue within the legal community.
The process of becoming a member of a law review team varies, but it generally involves a writing competition, consideration of grades, or a combination of the two. Students who are selected as editors gain valuable experience in legal writing and editing, enhancing their credentials and increasing their recruitment prospects.
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Law review footnotes
Formatting and Placement:
Footnotes should be placed at the bottom of the page on which they are referenced, rather than at the end of the paper. They should be single-spaced, left-justified or right-ragged justified, and separated by a line. The recommended font for footnotes is 10-pt Times New Roman, and the font size for the main body is 12-pt Century. Footnote numbers or symbols should follow the punctuation in the text.
Content and Style:
The Bluebook is the standard guide for law review footnote citation format. It provides specific rules and examples for citing different sources, including books, law review articles, internet resources, and court documents. The Bluebook differentiates between citation formats for law review footnotes and briefs, court documents, and legal memos. The white pages in the Bluebook address academic citation for law reviews, journals, and other academic legal publications, while the blue pages are for brief formats.
When to Use Footnotes:
It is essential to footnote every factual assertion in legal scholarship. While some readers may skip over most footnotes, others find them important as they can provide additional information or lead to valuable sources. Therefore, it is crucial to cite sources accurately and comprehensively to support your claims and avoid plagiarism.
House Style Guidelines:
Different law schools and publications may have specific house style guidelines that authors and editors are expected to follow. For example, the Cooley Law School's guidelines specify font types and sizes, margin sizes, spacing, and layout requirements. Authors should consult the relevant house style guide for their publication to ensure their footnotes adhere to the required format.
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Law review citations
Law reviews are considered secondary sources as they analyse and interpret the law. Statutes and case documents are considered primary sources. Law reviews are generally run by student editors and are usually edited and published by an organisation of students at a law school or through a bar association, in close collaboration with faculty members. In the United States and Canada, most law journals are housed at individual law schools and are edited by students, not professional scholars.
Law review articles are scholarly articles about a legal issue or topic. They are cited in the same way that your citation style recommends citing journal articles. For example, in APA, MLA, and Chicago style, the citation would look like this:
Author(s). (Year of Publication). Title of article: Subtitle of article. Journal Title in Italics, volume number(issue number), page numbers. https://doi.org/10.xxxxxxxxxx
For example:
Fee, J. (2020). The freedom of speech-conduct. Kentucky Law Journal, 109(1), 81-126.
Note: If there is no DOI listed and the article was retrieved online, include the URL. Do not, however, include URLs to library databases or any subscription not accessible to your reader. In this case, just leave off this part and format it as a print article.
The Bluebook also contains rules that prescribe how to cite a variety of legal documents. For example, the proper Bluebook citation for articles appearing in consecutively paginated journals is:
Author, Title, Volume number, Abbreviation of the periodical name, First page of the article, and specific pages cited (if any), and Year
For example:
Pamela Samuelson, Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement, 31 Berkeley Tech L.J. 1215, 1258–67 (2016)
Note that issue numbers are never included in Bluebook citations, even if readily indicated in the original source.
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Frequently asked questions
Law reviews, or law journals, are the primary forum for legal scholarship in the US academic legal community. They are generally run by student editors and are published by an organisation of students at a law school or through a bar association.
Law reviews contain articles and essays by law professors, judges, practitioners, and other legal scholars, as well as student-written notes or comments.
Law reviews can provide valuable insights and ideas that contribute to the bedrock of jurisprudence. They are also a great learning experience for students and a respected credential.
In Canada, law reviews are fully student-run without a faculty editor-in-chief. Examples include the McGill Law Journal, the Osgoode Hall Law Journal, and the Queen's Law Journal.
