Keith Mack
There are various reasons why individuals or organizations may choose to refrain from commenting on legal matters. In the context of ongoing litigation, publicly commenting on specifics may be considered contempt of court in some jurisdictions, such as the UK, Canada, Australia, and New Zealand. In the United States, the First Amendment provides more latitude for public commentary. However, ethical rules for lawyers, such as Rule of Professional Conduct 3.6, aim to prevent statements that could prejudice a jury or negatively influence opposing parties. Organizations may also choose to defer comment due to the potential for unreliable information, the need to respect attorney-client privilege, or to avoid perpetuating unfounded allegations. Meanwhile, law students and scholars are encouraged to contribute to legal discourse through publications in law journals, such as Comments, which analyze recent developments, judicial decisions, or advance novel legal ideas.
| Characteristics | Values |
|---|---|
| Who can comment on law? | Law students |
| Where are these comments published? | Northwestern Pritzker School of Law, Columbia Law Review, Stanford Law School, University of Washington Law Library |
| What are the types of comments? | Traditional case comments, notes |
| What is the word limit? | 15 pages |
| What are the formatting specifications? | Margins, spacing, font, font size, and number of required pages |
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What You'll Learn
Law students
Many law schools and universities have their own law journals, such as Northwestern Pritzker School of Law, Stanford Law School, and the University of Washington Law Library. These journals provide guidelines and resources to assist law students in writing and publishing their Notes and Comments. The process of selection for publication varies across journals, with some employing anonymous review processes to ensure objectivity and fairness.
In addition to law journals, law students can also contribute to law reviews, which are scholarly papers published in law-specific publications. These reviews often discuss a range of topics, including international law, academic legal writing, and effective legal writing for international audiences. Furthermore, students enrolled in ABA law schools can submit their work for consideration by platforms such as the Columbia Law Review's Notes Committee. If selected, the student's Comment is published on the Review's online component, serving as a valuable resource for legal scholars, practitioners, and even judges.
Overall, law students have multiple avenues to contribute to legal discussions and share their insights with the wider legal community. Through law journals, law reviews, and online platforms, students can publish their Comments, advance legal scholarship, and even influence judicial decisions.
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Lawyers
However, lawyers can and do provide legal commentary in various forms, such as through academic publications, media interviews, and online platforms. For instance, law journals publish student-authored Comments, which are short pieces of legal scholarship discussing recent judicial decisions, legislative developments, or novel legal ideas. These Comments are often selected for publication in law journals and can serve as valuable resources for legal practitioners and judges.
Additionally, lawyers may provide legal commentary through media interviews, offering their insights and expertise on ongoing legal matters while being mindful of ethical boundaries. They can also contribute to legal websites and blogs, such as "Above the Law", which features news, insights, and opinions on various legal topics, including law firms, lawsuits, and judges.
It is important to note that lawyers' comments on the law are often subject to ethical considerations and confidentiality obligations. They must be cautious not to disclose privileged information or violate client confidentiality. Lawyers also need to be mindful of potential conflicts of interest and ensure that their comments do not adversely affect their clients' interests or ongoing legal proceedings.
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Law professors
The role of a law professor involves not only imparting knowledge to law students but also contributing to legal scholarship. They achieve this through writing and publishing legal articles, notes, and comments in law journals and reviews. These contributions are essential to the advancement of legal academia as they facilitate discussion and offer novel insights on various legal topics. Law journals, such as the Northwestern Pritzker School of Law Journal and the Columbia Law Review, provide platforms for law professors to share their expertise and engage in academic discourse with their peers.
When writing for law journals, law professors typically address recent court decisions, legislative developments, law review articles, lawsuits, administrative rulings, or executive orders. Their comments are characterised by concise and original arguments, minimal literature review, and a respectful tone. For example, a law professor might comment on a recent Supreme Court decision, analysing its implications for a specific area of law and offering their perspective on how it fits within the broader legal landscape.
In addition to contributing to legal scholarship, law professors may also be sought after for their expertise in providing legal commentary to the media, offering insights on ongoing legal matters and helping the public understand complex legal issues. They may also be involved in mentoring and supervising law students in their research projects, further contributing to the development of legal scholarship.
Overall, law professors play a crucial role in shaping legal discourse, both within academic circles and in the public sphere, by providing insightful commentary that contributes to the understanding and advancement of the law.
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Legal experts
One example of a group of legal experts is the High Level Panel of Legal Experts on Media Freedom, an independent advisory body established by the Media Freedom Coalition in 2019. This panel comprises leading experts in international law, including Lady Kennedy, a renowned criminal and public law practitioner in the U.K., and Catherine Amirfar, Co-Chair of Debevoise's International Dispute Resolution Group. The panel provides legal advice and recommendations to international organizations and individual states, with a focus on promoting and protecting media freedom.
In addition to practicing lawyers, legal scholars and academics also contribute significantly to the field as experts. They engage in legal research, writing, and teaching, advancing legal theory and providing insightful analysis of case law, legislation, and legal trends. Law schools and universities often house these legal experts, who guide and mentor the next generation of legal professionals while also offering their expertise to the wider community.
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Organisations
Law schools and universities are organisations that produce legal scholarship. Northwestern Pritzker School of Law, Stanford Law School, Columbia Law School, University of Washington Law School, and the University of Law in the UK all publish law journals or reviews. These journals are written by law students, typically during their second year and first year as a member of a law journal, and selected for publication by the law school's law journal. Articles, in contrast, are usually written by non-students, such as law professors or experts in a specific field.
Law firms are another type of organisation that may comment on the law, although lawyers often refuse to comment on issues relating to ongoing litigation or specific cases due to ethical rules and to avoid spreading misinformation.
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Frequently asked questions
Anyone can comment on the law, but law journals and law reviews are typically written by law students or legal scholars.
Yes, there are circumstances when commenting publicly on litigation violates the ethical rules for lawyers related to trial publicity. For example, publicly commenting about specifics of an ongoing litigation may be considered contempt of court in the UK, Canada, Australia, and New Zealand.
Yes, there are a number of reasons why an organization might opt to say "no comment". For example, they might not have all the facts, or they might not want to perpetuate allegations that may be unfounded.
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