Using ScholarCheck Metrics to Track Trends in Legal Research

Law Journal Library, ScholarCheck, What's New
Shannon Sabo

HeinOnline's ScholarCheck is a series of tools and features integrated throughout HeinOnline that allow users to view journal articles and cases that have a heavy influence on the subject being researched. Key aspects of ScholarCheck include the ability to analyze the most cited journal articles and authors, link directly to articles and cases that cite an article being viewed, and sort search results by the number of times cited or number of times accessed by other HeinOnline users within a rolling 12-month period.

Using ScholarCheck metrics, we were able to generate the list of articles below that have had the largest increase in number of citations since 2011. For example, "Or of the Press" by Potter Stewart, published in the Hastings Law Journal in 1974, was cited by 101 articles as of 2011. Today, it's been cited by 600 articles! ScholarCheck data also includes the number of times an article has been cited by cases (for Fastcase Premium subscribers) and the number of times an article has been accessed by other HeinOnline users within the past 12 months:

Not surprisingly, the article deals with Constitutional law and the freedom of the press, which will likely be a frequently-debated topic indefinitely.

The second article on the most-increased citations list is "Palmer v. Thompson: An Approach to the Problem of Unconstitutional Legislative Motive" written by Paul Brest and published in 1971 in the Supreme Court Review. This article deals with the importance of judicial review of legislative motives and focuses primarily on the issue of racial segregation. Cited just 33 times by 2011, this number has increased by 346, for a total of 379 citations today. From this information, a researcher may infer that since current scholars continue to write about these topics, they are still important and relevant legal issues today.

To view the list of articles that cite an article currently being viewed, simply click the "Cited By" link from above the page image:

The list of articles will display the citation of the original article in the matching text pages:

The list of results will also include ScholarCheck information for the articles (and cases, for Fastcase Premium subscribers) that cite the original article, further enhancing the user's research experience by providing potential additional resources to investigate.

Below is a list of the 25 articles that saw the largest increase in the number of times they were cited by newer articles added to HeinOnline.

  1. Or of the Press [26 Hastings L.J. 631 (1974-1975)]     by Stewart, Potter
        Cited 101 times by 2011
        Cited 600 times by 2015
        Increased by: 499 citations
  2. Palmer v. Thompson: An Approach to the Problem of Unconstitutional Legislative Motive
    [1971 Sup. Ct. Rev. 95 (1971)]
        by Brest, Paul
        Cited 33 times by 2011
        Cited 379 times by 2015
        Increased by: 346 citations
  3. Judicial Review of Questions of Law and Policy [38 Admin. L. Rev. 363 (1986)]
        by Breyer, Stephen
        Cited 59 times by 2011
        Cited 392 times by 2015
        Increased by: 333 citations
  4. Standing in the Supreme Court–A Functional Analysis [86 Harv. L. Rev. 645 (1972-1973)]
        by Scott, Kenneth E.
        Cited 17 times by 2011
        Cited 330 times by 2015
        Increased by: 313 citations
  5. Market Failure and the Economic Case for a Mandatory Disclosure System [70 Va. L. Rev. 717 (May 1984)]
        by Coffee, John C. Jr.
        Cited 46 times by 2011
        Cited 352 times by 2015
        Increased by: 306 citations
  6. Decentralized Law for a Complex Economy: The Structural Approach to Adjudicating the New Law Merchant [144 U. Pa. L. Rev. 1643 (1995-1996)]
        by Cooter, Robert D.
        Cited 34 times by 2011
        Cited 327 times by 2015
        Increased by: 293 citations
  7. Laying the Dormant Commerce Clause to Rest [91 Yale L.J. 425 (1981-1982)]
        by Eule, Julian N.
        Cited 8 times by 2011
        Cited 289 times by 2015
        Increased by: 281 citations
  8. Portia in a Different Voice: Speculations on a Women's Lawyering Process
    [1 Berkeley Women's L.J. 39 (1985)]
        by Menkel-Meadow, Carrie
        Cited 9 times by 2011
        Cited 284 times by 2015
        Increased by: 275 citations
  9. Legislative Intent and the Policy of the Sherman Act [9 J.L. & Econ. 7 (1966)]
        by Bork, Robert H.
        Cited 106 times by 2011
        Cited 370 times by 2015
        Increased by: 264 citations
  10. Pornography, Civil Rights, and Speech [20 Harv. C.R.-C.L. L. Rev. 1 (1985)]
        by MacKinnon, Catharine A.
        Cited 26 times by 2011
        Cited 287 times by 2015
        Increased by: 261 citations
  11. New Liberty Under the Fourteenth Amendment, The [39 Harv. L. Rev. 431 (1925-1926)]
        by Warren, Charles
        Cited 18 times by 2011
        Cited 278 times by 2015
        Increased by: 260 citations
  12. Emotional Disturbance as Legal Damage [20 Mich. L. Rev. 497 (1921-1922)]
        by Goodrich, Herbert
        Cited 13 times by 2011
        Cited 218 times by 2015
        Increased by: 205 citations
  13. Griggs v. Allegheny County in Perspective: Thirty Years of Supreme Court Expropriation Law
    [1962 Sup. Ct. Rev. 63 (1962)]
        by Dunham, Allison
        Cited 21 times by 2011
        Cited 225 times by 2015
        Increased by: 204 citations
  14. Mapp v. Ohio at Large in the Fifty States [1962 Duke L.J. 319 (1962)]
        by Traynor, Roger J.
        Cited 10 times by 2011
        Cited 214 times by 2015
        Increased by: 204 citations
  15. Title VII: Legislative History [7 B.C. Indus. & Com. L. Rev. 431 (1965-1966)]
        by Vaas, Francis J.
        Cited 19 times by 2011
        Cited 215 times by 2015
        Increased by: 196 citations
  16. New Law of Standing a Plea for Abandonment [62 Cornell L. Rev. 663 (1976-1977)]
        by Tushnet, Mark V.
        Cited 17 times by 2011
        Cited 198 times by 2015
        Increased by: 181 citations
  17. Historical Origins and Economic Structure of Workers' Compensation Law, The
    [16 Ga. L. Rev. 775 (1981-1982)]
        by Epstein, Richard A.
        Cited 27 times by 2011
        Cited 204 times by 2015
        Increased by: 177 citations
  18. Law as Interpretation [60 Tex. L. Rev. 527 (1981-1982)]
        by Dworkin, Ronald
        Cited 43 times by 2011
        Cited 215 times by 2015
        Increased by: 172 citations
  19. Which Agency Interpretations Should Bind Citizens and the Courts [7 Yale J. on Reg. 1 (1990)]
        by Anthony, Robert A.
        Cited 25 times by 2011
        Cited 196 times by 2015
        Increased by: 171 citations
  20. Culpa in Contrahendo, Bargaining in Good Faith, and Freedom of Contract: A Comparative Study
    [77 Harv. L. Rev. 401 (1963-1964)]
        by Kessler, Friedrich,Fine, Edith
        Cited 27 times by 2011
        Cited 197 times by 2015
        Increased by: 170 citations
  21. Concerning Searches and Seizures [34 Harv. L. Rev. 361 (1920-1921)]
        by Fraenkel, Osmond K.
        Cited 12 times by 2011
        Cited 179 times by 2015
        Increased by: 167 citations
  22. Cherokee Cases: A Study in Law, Politics, and Morality, The [21 Stan. L. Rev. 500 (1968-1969)]
        by Burke, Joseph C.
        Cited 16 times by 2011
        Cited 182 times by 2015
        Increased by: 166 citations
  23. Public Pension Fund Activism in Corporate Governance Reconsidered [93 Colum. L. Rev. 795 (May 1993)]
        by Romano, Roberta
        Cited 27 times by 2011
        Cited 192 times by 2015
        Increased by: 165 citations
  24. Originalism for Nonoriginalists, An
    [54 Stan. L. Rev. 887 (2001-2002)]
        by Bebchuk, Lucian Arye,Coates, John C. IV,Subramanian, Guhan
        Cited 50 times by 2011
        Cited 199 times by 2015
        Increased by: 149 citations
  25. Originalism for Nonoriginalists, An45 Loy. L. Rev. 611 (1999)]
        by Barnett, Randy E.
        Cited 61 times by 2011
        Cited 208 times by 2015
        Increased by: 147 citations

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