Document Type

Working Paper

Publication Date

3-21-2014

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; LSN Subject Matter eJournals; Political Science Network

Abstract

Part of a symposium on the relation between legal scholarship and teaching this article examines the rate at which legal casebooks incorporate new legal scholarship and ideas in several emerging areas including law and economics critical legal studies feminist legal theory critical race theory and gaylesbian jurisprudence Because legal casebooks serve a canonical function by structuring the content of classroom teaching and assignments the exclusion of certain viewpoints is a serious barrier to reform My findings are that most casebooks resist mentioning new critical points of view with the sole exception of law and economics which has made major inroads I conclude with a few observations on why this might be so and what outsider scholars may do about it

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