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Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Tuesday, January 23, 2018

Law Review Publishing: Thoughts On Mass Submissions, Expedited Review, And Potential Reform

Michael D. Cicchini, Law Review Publishing: Thoughts on Mass Submissions, Expedited Review, and Potential Reform, 16 U.N.H. L. Rev. 147 (2017):

The current law review publishing system—in particular, mass submissions and expedited review—works well for prestige-driven professors; however, it places a tremendous burden on the editors of journals lower in the hierarchy. This problem is exacerbated by several professorial tactics including, most significantly, submitting articles to journals from which the professor would never accept an offer—not even when he or she fails to receive a “better” offer through the expedite process.

This Essay discusses a potential fix: the eight-hour offer window. If a journal were to adopt a formal policy of holding its publication offers open for only eight hours, professors would, in theory, be unable to use the offer in the expedite process. Therefore, professors would not submit their articles to this journal unless and until they were serious about publishing in it.

Unfortunately, what is good in theory does not always work in practice. This Essay discusses how professors would modify their existing tactics— tactics which currently include misrepresenting the terms of an offer in the expedite process—in order to defeat this attempted reform. The Essay also explores specific ways that a journal could overcome these tactics and implement meaningful reform despite the professoriate’s desire to protect the status quo.

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Wow--that is a depressing perspective: "[T]actics which currently include misrepresenting the terms of an offer in the expedite process". If my friends and colleagues do this, they certainly do not admit it, which makes me hope it is hyperbole. As a not-particularly-prestigious professor, I've gone the other way--I only submit articles to journals at which I would be happy to publish and accept an offer the first day I receive one.

Posted by: Suddenly Sad Professor | Jan 23, 2018 3:12:19 PM

Suddenly Sad - Dude you need to step up your game! If Deans want pubs, give it to them.

Posted by: Dale Spradling | Jan 24, 2018 7:41:46 AM