The Volokh Conspiracy
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The 10th Most-Cited-by-Cases Law Journal Article Since 1990 Was Written by a Student
I was looking at a list of law journal articles published since 1990 that were most heavily cited by courts (generated using HeinOnline), and saw that #10 on the list was a student-written Note, Powers of Congress and the Court Regarding the Availability and Scope of Review (Harv. L. Rev. 2001), cited by over 100 cases. As with many heavily cited articles, this one got many follow-on cites stemming from some early appellate court cites; but that itself is a mark that it had something significant to say that made its way into influential appellate court reasoning.
I resolved to note this on the blog, but then I had to find the author's name, since Harvard Law Review Notes are unsigned; and I was especially pleased that the author was Victoria Dorfman, a Jones Day lawyer whom I've known for over 20 years. Nice work!
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https://www.jstor.org/stable/1342687
It starts with an AEDPA case before going to the history. Shoulda guessed from the year and title.
I assume that Orin's Theory of Law is the #1 cited journal article.
For those who have access to the whole article, what position does it take on the power of Congress to regulate federal-court jurisdiction (Supreme Court and lower courts)?
Given that older articles have had more time to collect citations, it's more accurate to say that it's the most cited from the period 1990-2001.