Authorship by Omission: How Editorial Choices in Casebooks Shape the Apprehension and Meaning of Law
Year: 2025
Type: article
Abstract: The unique internal workings of the legal mind are a point of pride for the profession.But do those internal machinations reflect, and possibly reinforce, biases that ought to be examined, if not challenged?Expanding on recent work on the subject, this article makes the case that the casebook, the primary means of legal instruction, offers insights into the biases of the legal mind.Using some concepts adapted from other disciplines, the article analyzes coverage of the same case in seven textbooks to demonstrate how even the smallest changes can dramatically change the reader's understanding of what the law is.Implications for practice include the following:1.The bias inherent in the law, 2. The value of identifying subjective meaning in "objective" places, 3. Challenging built-in presumptions of how the law works, 4. The importance of organization in creating meaning, and 5. Self-improvement by identifying and challenging one's own biases.
Source: Indiana Law Review
DOI: 10.18060/28730
Author: Sam Williams
Institution: University of Idaho
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7083714671