Business Law Assignment Reaction Paper: Emerson's Research Analysis

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This business law assignment is a reaction paper to Robert W. Emerson's article from the American Business Law Journal. The paper begins by summarizing the key aspects of law review articles, including their content, purpose, and primary audience (law students and professors). The author then poses several questions regarding the necessity of reading law articles, the creative aspects of these articles, and the motivations behind reading them beyond career advancement. The response section addresses these questions by discussing the content of law reviews, the importance of law review participation for job prospects and academic careers, the role of creativity in attracting readers, and the broader understanding of law beyond a basic set of rules. The paper emphasizes the importance of current legal knowledge, the development of analytical skills, and the ability to provide solutions to legal conflicts through the analysis of law review articles. References to other legal scholars and articles are also included.
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Running head: BUSINESS LAW ASSIGNMENT
REACTION PAPER
Name of the Student
Name of the University
Authors note
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1BUSINESS LAW ASSIGNMENT
Reaction Paper to Research That Shakes Things Up
Robert W. Emerson
American Business Law Journal
(https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2671251)
Law review or journal papers are considered to be another excellent secondary source of
legal study, which are also useful for the scope in which they discuss and criticize legal subjects,
as well as their detailed references to other sources like primary sources. Several individuals
study law review articles only for pleasure. Therefore, professors and law students are
considered to be the primary customers and readers of law journals. These people study law
review articles for certain causes, which include knowing a subject, observing the presentation
style of an author’s scholarship, collecting concepts for further investigation and supplementing
a person’s education1. It is very obvious that neither it is a complete list nor these causes are
accepted by all. Law reviews are academic journals, which are typically edited in collaboration
with faculty members with law students. They include both long papers and smaller essays by
professors and lawyers, as well as observations, notices or trends in the law which are usually
written by a student. Articles on the study of law frequently emphasize new or evolving fields of
law and can provide a more detailed explanation than a legal encyclopedia. Most of the law
reviews are devoted to a single subject, such as gender and law or environmental law, and may
include the proceedings of an extensive variety of groups and conventions on relevant legal
matters in their content2.
Now after reading the article some questions are coming to my mind, such as:
i) What does a law review article contain?
1 Dodge, William S. "International Comity in American Law." (2015) Colum. L. Rev. 115: 2071.
2 Baude, William, and Stephen E. Sachs. "The law of interpretation." (2016) Harv. L. Rev. 130: 1079.
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2BUSINESS LAW ASSIGNMENT
ii) Is this necessary for a law student to read law articles?
iii) Is the law articles creative?
iv) Whether there exist some other reasons for reading a law review article apart from
getting a job or being a law professor.
Response-1
However, it is true that law reviews mainly contain the articles written by law professors,
judges and lawyers but often it includes shorter pieces of writing written by law students which
are known as ‘notes’ or ‘comments’. Numerous law schools have a ‘primary’ review of the law
that includes papers from a broad range of legal topics and also has ‘Law Review’ in the title.
Including the Law Review, most colleges do have numerous other law journals, each focused on
one different field of the law. Generally modest but extremely topical matters have been
addressed by the law review articles. Most of the articles deal with two issues, such as ‘why does
the matter’ and ‘what measure needs to be taken’. Sometimes it has been observed that the reader
has extreme knowledge over the stated topic of the law review article despite that the writer must
elaborate particular legal issues along with their probable solutions. This step taken by the author
helps the readers to detect techniques and evolve novel concepts. Many researchers are of the
view that through the articles on law review teachers get an opportunity to educate their students
which helps to develop the teaching abilities of the teachers. The recent articles written by
outstanding scholars, namely Stephanie Greene, Neylon O’Brien, Robert Brown Junior,
Raymond, and Amanda failed to forge new paths. Their methods – the regular study of cases, the
reading of legislation and regulatory history and the examination of scholarly literature – shape
the tried and tested mechanisms that usually undermine best law studies3.
3 Steel, Alex, et al. "Critical legal reading: The elements, strategies and dispositions needed to master this essential
skill." (2016) Legal Educ. Rev. 26: 187.
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3BUSINESS LAW ASSIGNMENT
Response- 2
Nowadays, most of the law students read law articles because they want to take part in
reviewing a law article which provides them an opportunity to get a job. Numerous employers,
such as large law firms and judges for selecting law officers, particularly as a publisher, like to
interview those students who took part in the law review of articles. Since law review, students
spent several hours doing in-depth, rigorous legal research and writing, just what lawyers and
clerks need4. A prospective employer who observes the previous experience of law review on
someone’s resume recognizes that such a person has undergone strict training and therefore
assumes that such an individual is knowledgeable and has good professional ethics, eye for detail
and outstanding writing skills. Apart from a good professional career, law review is also helpful
for those who want to follow an academic career in law. A person becomes a law professor in the
future by reviewing law articles5.
Response- 3
Most of the researchers are of the view that to attract the readers or law students, the
writers of law review articles must use the common tracks procedurally. Creativity is another
thing that also can attract the audience of the law review articles. Many years ago, it had been
stated by the well-known administrative law scholar, namely Kenneth Culp Davis that the
enormous increase in the freedom of law was probably the most important reform in the legal
system in the 20th century. Presently an individual needs to know about the various players of
law, such as lawyers, judges, and parties to know the law. This trend is followed nowadays all
over the world. Finally, students understand that the nature of law is beyond a basic set of laws,
4 Wood, McKenzie. "Making and breaking careers: reviewing law enforcement hiring requirements and
disqualifiers." (2017) Journal of Criminal Justice Education 28.4: 580-597.
5 Dikensoy, Öner. "Importance of Reading and Publishing Case Reports." (2019) Turkish thoracic journal 20.4: 265.
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but it is part of a legal tradition which is a collection of historically entrenched attitudes
concerning the failure of legislation, the role of law in society and politics6.
Response- 4
The legal profession is such a field that involves immense knowledge and study. A law
student needs to know current matters related to the law for being updated. Law review articles
on different fields of law help law students to develop their knowledge and gather information.
Law review journals also help to develop the ability to question law students. The writers of law
articles while describing a law illustrates several issues or conflict situation and at the same time
provides probable solutions to those problems. Students also try to find out probable solutions to
those conflict situations. A law student needs to have diverse qualities, which include analyzing a
conflict situation, implementation of appropriate law, and logical argument. Reviewing a law
article develops these skills of a law student.
6 Miller, Russell. "To Compare or Not to Compare: Reading Justice Breyer." (2016) J. Comp. L. 11: 169.
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5BUSINESS LAW ASSIGNMENT
Reference
Baude, William, and Stephen E. Sachs. "The law of interpretation." (2016) Harv. L. Rev. 130:
1079.
Dikensoy, Öner. "Importance of Reading and Publishing Case Reports." (2019) Turkish thoracic
journal 20.4: 265.
Dodge, William S. "International Comity in American Law." (2015) Colum. L. Rev. 115: 2071.
Miller, Russell. "To Compare or Not to Compare: Reading Justice Breyer." (2016) J. Comp.
L. 11: 169.
Steel, Alex, et al. "Critical legal reading: The elements, strategies and dispositions needed to
master this essential skill." (2016) Legal Educ. Rev. 26: 187.
Wood, McKenzie. "Making and breaking careers: reviewing law enforcement hiring
requirements and disqualifiers." (2017) Journal of Criminal Justice Education 28.4: 580-597.
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