Circuit Splits & Law Review Topic Selection

When there is an issue that has the federal circuit courts split on interpretation, it is the perfect time to step in and analyze the issue in a law review comment. 

Circuits splits are particularly good for law review comments because it gives the author a chance to analyze what the circuits are doing and offer suggestions for SCOTUS should the case make it that far. Circuit splits are great fodder for the United States Supreme Court, especially if the justices believe that the circuits are interpreting laws or cases in a way that was not intended. It's also substandard to have the various circuits interpreting laws in different ways because federal laws are the supreme law of the land, and their interpretation should be consistent no matter which federal circuit court hears the case.

There are a few great places to go for circuit split news:
  • offers background information about circuit splits, as well as mentions the various case citations for a great start to research.
  • Federal Evidence Review offers information on federal evidence circuit splits.
  • Seton Hall Circuit Review is a law journal dedicated solely to federal circuit issues. There is generally a section on current circuit splits in each issue. 
  • Split Circuits Blog is a blog written by a law professor and tracks the various circuit splits. 
Law librarians from around the country have also complied various research guides on circuit splits:
These are just a few of the resources available from law libraries. A quick Google search for 'circuit split research guide' or 'law review comment topic selection' will lead you to many more examples. 


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