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The Volokh Conspiracy · September 8, 2026

How Often Are Articles in Top Law Reviews Written In Part By AI?

LawHigher EducationAssessment
THE AI ANGLE
Drafting and editing text in top law review articles

An empirical study of flagship T14 law reviews found that the share of published articles containing AI-written text increased significantly from 3.3% in 2025 to 15.2% in 2026, with AI content concentrated primarily in abstracts and main text rather than footnotes. For legal educators, this rapid uptake underscores evolving norms around academic authorship and highlights unresolved questions about whether using AI to generate text displaces the critical thinking required in scholarly writing.

THE TEACHING ANGLE
Instructors can explore the tension between empirical fields, where analysis precedes writing, and doctrinal legal analysis, where the rigorous process of drafting narrative arguments is essential to testing nuance and discovering limitations.

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