The Ethics Of Baiting And Switching In Law Review Submissions

Ryan Scoville (Marquette), The Ethics of Baiting and Switching in Law Review Submissions, 101 Marq. L. Rev. ___ (2018):

Sometimes the authors of law review articles engage in a bait-and-switch: they insert exaggerated claims of novelty or significance into their submission to student editors, and then, after securing a satisfactory offer of publication, moderate those claims in drafts made available to colleagues and the public. By doing so, the authors manage to improve their chances at a desirable placement and avoid unscholarly claims before peers.

This symposium essay suggests that baiting and switching is unethical, and then discusses potential ways to address it.