A law review article discussed the many current cases citing slavery cases as good law. Justin Simard, Citing Slavery, 72 Stan. L. Rev. 79 (2020), journal link. See Simard's Citing Slavery Project, which has a database listing slavery cases and how they have been cited. In response to the author's suggestion, the Bluebook editors added rule requiring a parenthetical when an enslaved person was a party or the case involved slavery. The change was made after the first (2020) printing of the Bluebook, so it is only in the online edition and printings 2021 and later. From the editors' Noteworthy Changes to the 2021 Printing:
Rule 10.7.1(d) now covers slave cases. For cases involving an enslaved person as a party, use the parenthetical “(enslaved party).” For cases involving an enslaved person as the subject of a property or other legal dispute but named as a party to the suit, use the parenthetical “(enslaved person at issue).” For other cases involving enslaved persons, use an adequately-descriptive parenthetical.
Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857) (enslaved party), superseded by constitutional amendment, U.S. Const. amend. XIV.
Wall v. Wall, 30 Miss. 91 (1855) (enslaved person at issue).
Richard Delgado & Jean Stefancic, Why Do We Tell the Same Stories?: Law Reform,Critical Librarianship, and the Triple Helix Dilemma, 42 Stan. L. Rev. 207 (1989), [HeinOnline]. From 207-08:
A remarkable sameness afflicts many scholarly articles, books, and doctoral dissertations. Most blame peer review, tenure and promotion requirements, and ivory-tower isolation. In law, additional restraints operate: stare decisis-the insistence that every statement be sup-ported by a previous one, bar requirements,2 and the tyranny of the casebook.3
. . .
This essay focuses on an additional, seldom noticed means by which this sameness is created and maintained-namely, professionally prepared research and indexing systems. We single out three of these in wide use today: the Library of Congress subject heading system, the Index to Legal Periodicals, and the West Digest System.4 These devices function like DNA; they enable the current system to replicate itself endlessly, easily, and painlessly.5 Their categories mirror precedent and existing law; they both facilitate traditional legal thought and constrain novel approaches to the law.
Richard Delgado & Jean Stefancic, Why Do We Ask the Same Questions? The Triple Helix Dilemma Revisited, 99 Law Libr. J. 307 (2007), [HeinOnline].
In revisiting their Stanford Law Review article, "Why Do We Tell the Same Stories: Law Reform, Critical Librarianship, and the Triple Helix Dilemma," Professors Delgado and Stefancic contend that computer-assisted legal research has not proven to be a boon to the cause of law reform. At the time of the first article, the computer revolution, which irreversibly changed how we research legal questions, was just dawning. In this article, they focus againon categorical thinking, but this time to examine whether it is possible to transcend the categories our minds bring to computer-based searching whenwe do not know exactly what we are looking for They describe and compare paper-based and computerized research tools, review some of the claims that have been made for the latter and show how electronic searching retains many of the constraints of the print version. After surveying the pace of law reform in a few selected areas, they conclude that the computer revolution has not accelerated reform but very possibly slowed it. They posit a few reasons why this may be so and end with a number of suggestions for law reformers.
Lynn Smith, What Is Feminist Legal Research?, in The Effects of Feminist Approaches on Research Methodologies (Winnie Tomm ed., 1989), [link to chapter in ebook]. Note: written from Canadian perspective. (Smith was a professor and the first female dean at the University of British Columbia Allard School of Law.)
British Columbia Law Institute, Gender-Free Legal Writing: Managing the Personal Pronouns, British Columbia Law Institute Report, No. 2, 1998, [SSRN
Leslie Rose, The Supreme Court and Gender Neutral Language, 17 Duke J. Gender L. & Pol'y 81 (2010), [SSRN]
Leslie M. Rose, Teaching Gender as a Core Value in the Legal-Writing Classroom, 36 Okla. City U. L. Rev. 531-35 (2011), [HeinOnline]
Nick J. Sciullo, Conversations with the Law: Irony, Hyperbole and Identity Politics or Sake Pase? Wyclef Jean, Shottas, and Haitian Jack—A Hip-Hop Creole Fusion of Rhetorical Resistance to the Law, 34 Okla. City U. L. Rev. 455-513 (2009), [HeinOnline], [SSRN]
Mary Pat Gunderson, Gender and the Language of Judicial Opinion Writing, 21 Geo. J. Gender & L. 1 (2019), [journal], [HeinOnline] (examining four ethics opinions by an all-male bench where attorneys had been disciplined for domestic violence or sexual assault)
Merritt McAlister, "Downright Indifference": Examining Unpublished Decision in the Federal Courts of Appeals, 18 Mich. L. Rev. 533 (2020) ), [SSRN], [journal site] (criticizing unpublished decisions that do provide reasons for ruling—disproportionately used for vulnerable, unrepresented litigants).
Devon W. Carbado, Black Rights, Gay Rights, Civil Rights, 47 UCLA L. Rev. 1467 (2000) [HeinOnline]
Taunya Lovell Banks & Penelope Andrews, Two Colored Women's Conversation about the Relevance of Feminist Law Journals in the Twenty-first Century, 12 Colum. J. Gender & L. 498-509 (2003), HeinOnline, SSRN
Jane Murphy & Solangel Maldonado, Reproducing Gender and Race Inequality in the Blawgosphere, 41 Harv. J. L. & Gender 239 (2018) [HeinOnline]
Adam Arms, Metaphor, Women and Law, 10 Hastings Women's L.J. 257, 286 (1999), HeinOnline
Keith Cunningham-Parmeter, Alien Language: Immigration Metaphors and the Jurisprudence of Otherness, 79 Fordham L. Rev. 1451 (2011), HeinOnline, SSRN. (Also: 32 Immigr. & Nat'lity L. Rev. 613 (2011), HeinOnline.)
Marc A. Fajer, Essay, Authority, Credibility, and Pre-Understanding: A Defense of Outsider Narratives in Legal Scholarship, 82 Geo. L.J. 1845 (1994), HeinOnline
Brook K. Baker, Incorporating Diversity and Social Justice Issues in Legal Writing Programs, 9 Persp. 51 (2001), journal site
Rosa Castello, Incorporating Social Justice into the Law School Curriculum with a Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017) HeinOnline
Leslie M. Rose, Teaching Gender as a Core Value in the Legal-Writing Classroom, 36 Okla. City U. L. Rev. 531, 536 (2011), HeinOnline
Sha-Shana Crichton, Intentionally Incorporating Race into the First-Year Legal Research and Writing Curriculum, in The Oxford Handbook of Race and Law in the United States (Devon Carbado, Emily Houh & Khiara M. Bridges eds., 2022), link (UW)
Kathryn M. Stanchi, Resistance Is Futile: How Legal Writing Pedagogy Contributes to the Law's Marginalization of Outsider Voices, 103 Dick. L. Rev. 7 (1998), HeinOnline
Charles R. Calleros, The Spirit of Regina Austin’s Contextual Analysis: Exploring Racial Context in Legal Method and Writing Assignments and Scholarship, 34 J. Marshall L. Rev. 281 (2000), HeinOnline, SSRN
Brennan P. Breeland, I Am Jack's Radical Self-Degradation: A Pedagogical Argument for the Inclusion of the Indigenous Narrative in the Postmodern Legal Education (March 27, 2010), SSRN
Teresa Godwin Phelps, The Ethics of Narrative: A Nation’s Role in Victim/Survivor Storytelling, 18 Ethical Persp. 169 (2011), journal's website