12 J. Legal Educ. 201 (1959-1960)
Unprivileged Refusal to Reap Where One Has Not Sown

handle is hein.journals/jled12 and id is 213 raw text is: COMMENTS
The purpose of this department is to afford an opportunity for informal ex-
change of ideas on matters related to legal education. Typical comments will
range from about 1200 to about 3000 words in length, and may either advocate
innovations in curriculum or teaching method or respond critically to previously
published material. As a general rule, the authors will gladly answer inquiries
and, to the extent available, upon request supply copies of materials referred to.
UNPRIVILEGED REFUSAL TO REAP WHERE ONE
HAS NOT SOWN
HAROLD W. HOROWITZ *
VICTOR S. NETTERVILLE t
Authors of uncited law review articles unite-you have
nothing to lose but your obscurity.
Sol H. Needlemanrn
Cite makes right.
Ibid.
The pioneering Warren-Brandeis article on the right of privacy1 has
set an example for authors ever since its publication, for when an author
is in doubt about a topic for his next article he can always do what Warren
and Brandeis did-invent a new tort and write about it. The Warren-
Brandeis article has been much cited; the very fact of the extensive citation
of the article has suggested to us the invention of a new tort which we propose
to write about-the failure by a court, without justification, to cite a law re-
view article, or, as we have suggested in the title of this paper, the unprivileged
refusal by a court to reap where it has not sown.2 We suggest that there
* Professor of Law, University of Southern California.
t Associate Professor of Law, University of Southern California.
1 Warren & Brandeis, The Right to Privacy, 4 HAnv.L.REv. 193 (1890).
2 This terminology is, of course, a paraphrase of Mr. Justice  's language
In -      v.      ,       (     ). See generally The Growth of the Law, in
SELECTED WRITINGS OF BENJA iIN NATrmu CARDozo 190-91 (Hall ed. 1947); ED-
wiN W. PATTERsoN, JUrIsPRUDENcE: IEN AND IDEAS OF THE LAW 221-22 (1953);
1 JoMT H. WIGMORE, EVIDENCE 243 (3d ed. 1940); Crane, Law School Reviews and
the Courts, 4 FortwrAut L.REV. 1 (1935); Fuld, A Judge Looks at the Law Review,
28 N.Y.U.L.REv. 915 (1953); Grinnell, A Judicial Tradition That Encourages Ig-
azorance, 25 J.Au.JuD.Soc'v 10 (1941); Hoffman, Law Reviews and the Bench, 51
Nw.U.L.REv. 17 (1956); 'Maggs, Concerning the Extent to Which the Law Review
Contributes to the Development of the Law, 3 SO.CAL.L.REV. 181 (1930); Merry-
man, The Authority of Authority, 6 STAx.L.REv. 613 (1954); Mueller, The West
Virginia Law Review--Law Reviews and the Courts, 58 W.VA.L.REV. 372 (1956);
Newland, Legal Periodicals and the United States Supreme Court, 7 KAN.L.REV'. 477
(1959); Radin, Sources of Laziu-New and Old, 1 SO.CAL.L.REv. 411 (1928); Traynor,
Law and Social Change in a Democratic Society, 1956 U.ILL.L.F. 230, 232-35; War-
ren, Anniversary Comments, 51 Nw.U.L.REv. 1 (1956); Wilson, The Law Schools,
the Law Reviews and the Courts, 30 CORNELL L.Q. 488 (1945); Wolfe, The Utah
Law Review-Its Relation to the Law School and the Courts, 3 UTAH L.Rxv.
3 (1952).
12 Journal Legal Ed.No.2--4   201

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