Education And Training

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In common law jurisdictions, lawyers and judges tend to use these treatises as only “finding aids” to locate the relevant cases. In common law jurisdictions, scholarly work is seldom cited as authority for what the law is. 101 Chief Justice Roberts noted the “great disconnect between the academy and the profession.” 102 When common law courts rely on scholarly work, it is almost always only for factual findings, policy justification, or the history and evolution of the law , but the court’s legal conclusion is reached through analysis of relevant statutes and common law, seldom scholarly commentary.

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