Document Type
Article
Abstract
The legal treatise remains a pillar of the American legal system and the rule of law, despite claims it might be dying and variations in quantitative citations to treatises over time. Indeed, several treatises evidence increased citation in U.S. Supreme Court opinions during the last several decades. Surprisingly, the U.S. Supreme Court, including the Robert’s Court in Dobbs v. Jackson Women’s Health Organization, increasingly sees fit to rely on proto-treatises, such as Bracton, Coke, and Blackstone. This article provides empirical data and qualitative analysis to support this claim, highlighting the sometimes declining but nevertheless significant presence of treatises in case law, briefs, law reviews, and journals over time.
Repository Citation
Neacsu, D., & Callister, P. D. (2024). The Persistent Treatise. Law Library Journal, 116 (3). Retrieved from https://dsc.duq.edu/law-faculty-scholarship/150
Included in
Law Librarianship Commons, Legal Writing and Research Commons, Supreme Court of the United States Commons
