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63 U. Colo. L. Rev. 717 (1992)
Legal Scholarship: Insiders, Outsiders, Editors

handle is hein.journals/ucollr63 and id is 733 raw text is: LEGAL SCHOLARSHIP: INSIDERS, OUTSIDERS, EDITORS RICHARD DELGADO* A. The Stefancic Article I find an intriguing connection between this very fine piece by Ms. Stefancic and the Law in Action school of legal scholarship that sprang up at Wisconsin in the middle years of the century and contin- ues today. Law in Action, an early Critical movement in American law, focuses on how legal institutions and rules operate in practice in the real world.I Law in Action is more interested in law's impact than in its coherence, beauty, or whatever virtues it may have on the books.2 Scholars working in this vein have examined jury behavior,3 the capture of federal agencies by the industries they supposedly regu- late, and the subversion of small claims court into a collection device for creditors, installment sellers and property owners.4 In a sense, Ms. Stefancic's article might be considered an example of scholarship in action-the sort of empirical research David Bryden calls for; the kind that is hard, time-consuming, and labor intensive- but that can help you actually learn something about yourself or your craft. The piece has real Critical bite, particularly, I think, in the au- thor's observation that community-something we all purport to want and need (especially in difficult times)--and exclusion (or if you like community and hierarchy) are balanced on a razor's edge.5 One can easily shade over into the other and, apparently, often does. I believe the community of legal scholars will also be grateful to Ms. Stefancic for her teasing out answers to many of the questions most of us had been harboring about symposium publishing. For example, Who does * Charles Inglis Thomson Professor of Law, University of Colorado. 1. A leading proponent is David Trubek. See David M. Trubek, Where The Action Is: Critical Legal Studies and Empiricism, 36 STAN. L. REV. 575 (1984). 2. Id. See also Marc S. Galanter, Why The Haves Come Out Ahead, 9 LAW & Soc'Y REV. 95 (1974); Marc S. Galanter, Reading the Landscape of Disputes: What We Know and Don't Know (and Think We Know) About Our Allegedly Contentious and Litigious Society, 31 UCLA L. REV. 4 (1983) (questioning received wisdom about the existence of a litigation explosion). 3. HARRY KALVEN JR. & HANS ZEISEL, THE AMERICAN JURY (1966). 4. Beatrice A. Moulton, Note, The Persecution and Intimidation of the Low Income Litigant as Performed by the Small Claims Court in California, 21 STAN. L. REV. 1657 (1969). 5. Jean Stefancic, The Law Review Symposium Issue. Community of Meaning or Re-inscription of Hierarchy?, 63 U. COLO. L. REV. 651 (1992).

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