Where Is Harvard Law School?

Mark Tushnet tushnet at law.georgetown.edu
Fri Jan 13 06:30:50 PST 2006


On what is I suppose a point of personal privilege, I would note that I 
regard talking with reporters as falling within my job description, as 
an attempt to do some public education [in today's story, what I had to 
say was, for me, not a statement about whether Judge Alito should be 
confirmed or not -- my position on that is not something that falls with 
the category "public education" -- but rather a statement about how 
people should listen to/interpret a nominee's testimony in a world where 
being forthright is apparently unacceptable].

sburbank at law.upenn.edu wrote:

>What a peculiar post, although perhaps not given the New Haven source. 
>Since when do talking heads have anything to do with scholarship? One 
>would have to see the full results, and consider the methodology, of 
>the citation study in order to determine whether it is relevant to a 
>question worth asking and what its probative value might be. Until 
>then, I would hesitate to give this rumor legs.
>
>Steve Burbank
>
>
>
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>Quoting Fred Shapiro <fred.shapiro at yale.edu>:
>
>  
>
>>I apologize for diverting attention from the very important
>>substantive 
>>discussion of the Alito hearings with a question about the sociology
>>of 
>>legal scholarship that may be too much
>>elite-law-school-inside-baseball 
>>for many on this list, but here goes:
>>
>>I notice that the New York Times "News Analysis" about the hearings
>>this 
>>morning quotes Cass Sunstein of Chicago, Jack Balkin of Yale, Vikram
>>Amar 
>>of Hastings, Mark Tushnet of Georgetown, John Yoo of Berkeley, Noah 
>>Feldman of NYU, Douglas Kmiec of Pepperdine, Judith Resnik of Yale. 
>>It 
>>strikes me that no one from Harvard Law School is quoted, reminding
>>me 
>>that I recently compiled data for a list of the most-cited law review
>>
>>articles of the last 10 years and found that Harvard Law School
>>faculty 
>>figured on the list only minimally.  I also found that none of the
>>seven 
>>most-cited articles from that period were published in the Harvard
>>Law 
>>Review, which has dominated all previous most-cited lists.
>>
>>So I am wondering whether Harvard Law School may have in recent years
>>
>>dropped off the intellectual map of legal scholarship relative to its
>>past 
>>position of great prominence?  Does this ring true subjectively with
>>any 
>>students of legal scholarship?  (I realize that Harvard Law School
>>may 
>>still kick ass in other aspects of its mission, such as training
>>leaders 
>>of the bar or future Supreme Court justices or influencing the
>>corporate 
>>world or influencing elites in foreign countries.)
>>
>>Fred Shapiro
>>
>>
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>>Fred R. Shapiro                             Editor
>>Associate Librarian for Collections and     YALE DICTIONARY OF
>>QUOTATIONS
>>   Access and Lecturer in Legal Research     Yale University Press,
>>Yale Law School                             forthcoming
>>e-mail: fred.shapiro at yale.edu              
>>http://quotationdictionary.com
>>---------------------------------------------------------------------
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