Law review articles are goldmines for legal research. They offer in-depth analysis of complex legal issues, providing context and critical perspectives that you won't find in case law or statutes alone.
When searching for these articles, use key databases like HeinOnline and Westlaw. Master advanced search techniques to find the most relevant pieces. Evaluate articles based on the author's expertise, research quality, and logical arguments to get the most value for your legal research.
Value of Law Review Articles
- Law review articles are scholarly works written by law professors, legal practitioners, and law students that provide detailed analysis and commentary on specific legal topics or issues
- Explore complex legal questions, examine the implications of recent court decisions, or propose new legal theories or approaches to legal problems
- Offer more in-depth discussion and critical analysis of legal issues compared to other legal resources (case law, statutes)
- Often draw on interdisciplinary perspectives from fields (economics, philosophy, social science) to provide a comprehensive understanding of legal issues
Broader Context and Policy Considerations
- Valuable for understanding the broader context and policy considerations surrounding a legal issue
- Help identify areas of legal uncertainty or debate that require further research or analysis
- Provide insights into the historical development of legal doctrines and the evolution of legal thinking on a particular issue
- Discuss the social, economic, and political factors that shape legal decision-making and policy development
Insights from Other Legal Periodicals
- Other types of legal periodicals (bar journals, practice-oriented magazines) can provide valuable insights into how legal issues are being addressed in practice
- Help identify emerging trends or challenges in specific legal fields that may not yet be reflected in case law or legislation
- Offer perspectives from legal practitioners on the practical implications of legal developments for clients and the legal profession
- Provide a forum for discussion and debate among legal professionals on current legal issues and controversies
Searching for Legal Articles
Key Legal Databases
- Effective searching for law review articles requires understanding the key legal databases that index these materials (HeinOnline, Westlaw, Lexis+, JSTOR)
- HeinOnline is a comprehensive database of law journals and other legal periodicals, with coverage dating back to the 1800s
- Westlaw and Lexis+ are leading legal research platforms that provide access to a wide range of legal resources, including law review articles
- JSTOR is a digital library of academic journals, books, and other scholarly content, including many law-related publications
Search Strategies and Techniques
- Identify relevant keywords and phrases that capture the key concepts and ideas associated with the research topic
- Use advanced search techniques (Boolean operators, proximity searches, truncation symbols) to narrow search results and improve the relevance of retrieved articles
- Employ tools (subject indexes, tables of contents, citation networks) to identify relevant articles and trace the development of legal ideas over time
- Be familiar with the major law reviews and journals in the field of interest and browse recent issues or set up alerts to stay current on new scholarship
Evaluating Search Results
- Consider the relevance of the article to the research question and the specific legal issues or problems being addressed
- Assess the authority and expertise of the author, including their credentials, institutional affiliation, and previous publications in the field
- Evaluate the timeliness of the analysis, considering whether the article reflects current legal developments and debates
- Look for articles that engage with a range of primary and secondary sources and that provide a balanced and well-reasoned analysis of the legal issues at stake
Evaluating Legal Arguments
Author Expertise and Credibility
- Law review articles are secondary sources that provide commentary and analysis, and their persuasive value depends on the strength and credibility of the arguments presented
- Consider the expertise and reputation of the author, as articles written by well-known scholars or practitioners in a field may carry more weight
- Look for information about the author's credentials, institutional affiliation, and previous publications in the field
- Be aware of potential biases or conflicts of interest that may affect the author's perspective or analysis
Quality and Thoroughness of Research
- Evaluate the quality and thoroughness of the research underlying the article's arguments
- Well-researched articles will typically engage with a range of primary and secondary sources and will acknowledge and respond to counterarguments or alternative perspectives
- Look for articles that provide detailed and well-supported analysis, with clear citations to relevant legal authorities and scholarly sources
- Consider the scope and limitations of the research, including any gaps or areas where further investigation may be needed
Logical Structure and Clarity of Arguments
- Assess the logical structure and clarity of the article's arguments
- Look for articles that present clear, well-supported arguments and that follow a logical progression of ideas
- Consider whether the article effectively addresses counterarguments or alternative perspectives and provides a persuasive response
- Evaluate the article's use of evidence and reasoning to support its central claims or conclusions
- Be attentive to any logical fallacies, unsupported assertions, or other weaknesses in the article's argumentation
Identifying Common Themes and Arguments
- Identify common themes, arguments, or approaches across multiple articles on a given legal topic or issue
- Look for areas of consensus or disagreement among scholars and consider the reasons for these differences
- Consider how different articles may approach the legal issue from different angles or disciplinary perspectives
- Identify any gaps or inconsistencies in the existing scholarship and consider how future research might address these issues
Developing a Holistic Understanding
- Integrate insights from multiple articles to develop a more holistic understanding of the legal topic or issue
- Create a matrix or chart that summarizes the key arguments, findings, and conclusions of each article and allows for easy comparison and contrast
- Consider the chronology of scholarship on the topic and how the legal and policy landscape may have evolved over time
- Look for ways to synthesize the insights from different articles into a coherent and comprehensive analysis of the legal issue
- Use the synthesized understanding of the legal issue to inform further research, analysis, or advocacy on the topic
- Identify areas where additional research or investigation may be needed to address gaps or inconsistencies in the existing scholarship
- Consider how the insights from the synthesized analysis could be applied to real-world legal problems or policy debates
- Use the synthesized understanding to develop new legal theories, arguments, or strategies for addressing the legal issue
- Share the synthesized analysis with other researchers, practitioners, or policymakers to contribute to ongoing discussions and debates on the topic