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Susan deMaine's contribution to this volume is "Should Supreme Court Justices Fear Access to Their Papers? An Empirical Study of the Use of Three Archival Collections." Co-authored by Benjamin J. Keele.

US. Supreme Court justices typically donate their working papers to archives upon their retirement, often with lengthy embargoes. 1 Researchers have debated whether the justices should be required to retain and disclose their papers as government · records, but there has been little study of how the papers are used in scholarly and journalistic discussions of the Court.· This empirical study examines how the papers of Justices William Brennan, Thurgood Marshall, and Harry Blackmun are used via citations in books and academic law journal articles. We find that most citations to the papers support discussions of the justices' views on the law along with deliberations and negotiations when deciding cases, precisely the kinds of uses that show the value of transparency. To address constitutional objections to mandated disclosures, we propose an incentive grant program that benefits the archives receiving justices' collections. This program would encourage justices to donate their papers with relatively short embargoes, ideally fifteen years after retirement from the Court.



Publication Date



William S. Hein & Co., Inc.


Getzville, NY


Citation, AALL Publications Series, Yale Law School


Law | Law Librarianship | Legal Education | Legal Writing and Research | Scholarly Communication | Scholarly Publishing


Michael Chiorazzi (ed.). The Role of Citation in the Law: A Yale Law School Symposium. Getzville, NY: William S. Hein & Co., Inc. 2022.

Full bibliographic details available in IUCAT.

Copies available in the Jerome Hall Law Library, KF 240 .V49 2021.