Law Review as Primary Authority: An Analysis

An academic journal called a law review publishes in-depth analyses and discussions of legal issues. Law professors, practitioners, and students of law frequently write it. Law review’s status as a primary authority is a complicated subject with a nuanced solution.

There are now thirteen restates of the legislation in this regard. The American Law Institute publishes these restatement, which courts and attorneys frequently rely on as a secondary source. They don’t have legal standing, so they aren’t primary authorities, but they do have an impact on how laws are interpreted and argued.

The law itself is the supreme authority in terms of the rule of law. This comprises laws, rules, and precedent. Courts and attorneys are required to abide by these legal authorities and use them as a guide when rendering judgments. Law review articles and restatement are examples of secondary authorities that are not legally enforceable but can influence how a case is argued. Legal authorities are essential because they give the law a framework for interpretation and application. Legal disputes would be challenging to resolve and the judicial system would be less effective without clear and reliable sources of law. Legal authority also aid in ensuring consistency and equity in court judgments.

In terms of power, there are three different types of laws: common law, statutory law, and constitutional law. The U.S. Constitution is the source of constitutional law, which is the highest form of law. Legislative bodies, like the Congress or state legislatures, enact statutory legislation. Common law is based on precedent and is obtained from judicial rulings.

In conclusion, even if law review articles are not the fundamental sources, they can have a significant impact on the legal interpretations and arguments. The law itself, comprising statutes, rules, and case law, serves as the main source of authority. Constitutional law, statutory law, and common law are the three types of laws that have the most authority and serve as a framework for interpreting and applying the law.