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Examining Legal Scholarship in Australia: A Case Study

Published online by Cambridge University Press:  22 July 2021

Abstract

Legal scholarship in Australia is under-researched. Without detailed empirical investigation, it is difficult to understand the characteristics of the scholarship in terms of topics and method/approach. Legal scholarship, like all scholarship, claims to make a contribution to knowledge. To understand and evaluate the scholarship, this article adopts an empirical method. Using a case study approach and citation counts, the article provides an analysis of all the articles published by a leading law review over ten years: 2008–2018. The article identifies the types and methods of legal scholarship in the journal and examines a sample of its most highly cited articles. The study then evaluates the impact of this scholarship with recommendations for the future.

Type
Articles
Copyright
Copyright © The Author(s) 2021. Published by International Association of Law Libraries

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Footnotes

1

© Benedict Sheehy 2021. The author is an expert in corporate law, CSR, and regulation. His work is widely cited and has been published in leading global journals. He has been consulted by governments, international and transnational organizations, and businesses on matters of regulatory design and evaluation, regulatory compliance, and strategy. He is Head of Canberra Law School, University of Canberra, Australia. He was educated in Canada and Australia and in addition to his academic career, is an experienced lawyer and corporate executive.

2

John Dumay 2021. He is globally recognized for his expertise in intellectual capital, non-financial accounting and reporting, innovation, research methods and academic writing. His research activities link closely to management, accounting, and scholarly practice. Prior to joining the academy, John worked as independent business consultant for many years. He is a Professor of Accounting and Finance at Macquarie University, Sydney.

References

Austin, R. P., ‘Academics, Practitioners and Judges-An Address to the 50th Anniversary Sydney Law Review Dinner, 20 November 2003’ (2004) 26 Sydney L. Rev. 463.Google Scholar
Bartie, Susan, ‘A full day's work: a study of Australia's first legal scholarly community’ (Pt University of Queensland Press) (2010) 29(1) University of Queensland Law Journal 67.Google Scholar
Bartie, Susan, ‘The lingering core of legal scholarship’ (2010) 30(3) Legal Studies 345.CrossRefGoogle Scholar
Blaikie, Norman, Approaches to social enquiry: Advancing knowledge (Polity, 2007).Google Scholar
Bowrey, Kathy, ‘A Report into Methodologies Underpinning Australian Law Journal Rankings. Prepared for the Council of Australian Law Deans (CALD)’ (2016)(2016–30) Prepared for the Council of Australian Law Deans (CALD)(February 8, 2016). UNSW Law Research Paper.CrossRefGoogle Scholar
Brand, Vivienne, ‘Decline in the Reform of Law Teaching-The Impact of Policy Reforms in Tertiary Education’ (1999) 10 Legal Educ. Rev. 109.Google Scholar
Castles, Alex Cuthbert, An Introduction to Australian Legal History (Lawbook Co., 1971).Google Scholar
Chesterman, Michael and Weisbrot, David, ‘Legal Scholarship in Australia’ [709] (1987) 50 Modern Law Review.CrossRefGoogle Scholar
Crowe, Jonathan et al. , ‘Bargaining in the Shadow of the Folk Law: Expanding the Concept of the Shadow of the Law in Family Dispute Resolutions’ (2018) 40 Sydney L. Rev. 319.Google Scholar
Ellickson, Robert C., ‘Trends in legal scholarship: A statistical study’ (2000) 29(S1) The Journal of Legal Studies 517.CrossRefGoogle Scholar
George, Tracey E., ‘An empirical study of empirical legal scholarship: the top law schools’ (2006) 81 Ind. LJ 141.Google Scholar
George, Tracey E. and Guthrie, Chris, ‘An Empirical Evaluations of Specialized Law Reviews’ (1998) 26 Fla. St. UL Rev. 813.Google Scholar
Hunter, Rosemary, ‘Australian Legal Histories in Context’ (2003) 21(3) Law and History Review 607.CrossRefGoogle Scholar
Hutchinson, Terry and Duncan, Nigel, ‘Defining and describing what we do: Doctrinal legal research’ (2012) 17 Deakin Law Review 83.CrossRefGoogle Scholar
Kercher, Bruce, An unruly child: a history of law in Australia (Allen & Unwin St Leonards, 1995).Google Scholar
Kirby, Michael, ‘Alex Castles, Australian Legal History and the Courts’ (2005) 9 Austl. J. Legal Hist. 1.Google Scholar
Lucke, Horst, ‘Legal history in Australia: The development of Australian legal/historical scholarship’ (2010) 34(1) Australian Bar Review 109.Google Scholar
Parker, Christine and Goldsmith, Andrew, ‘‘Failed Sociologists’ in the Market Place: Law Schools in Australia’ (1998) 25(1) Journal of Law and Society 33.CrossRefGoogle Scholar
Rodell, Fred, ‘Goodbye to law reviews’ (1936) Virginia Law Review 38.CrossRefGoogle Scholar
Serenko, Alexander and Dumay, John, ‘Citation classics published in knowledge management journals. Part I: articles and their characteristics’ (2015) 19(2) Journal of Knowledge Management 401.CrossRefGoogle Scholar
Smyth, Russell, ‘Who publishes in Australia's top law journals’ (2012) 35 UNSWLJ 201.Google Scholar
Westerman, Pauline, ‘Open or Autonomous? The Debate on Legal Methodology as a Reflection of the Debate on Law’ in Hoecke, Mark Van (ed.), Methodologies of Legal Resarch: Which Kind of Method for What Kind of Discipline? (Hart Publishing, 2011) 87110.Google Scholar