We are now well into the aftermath of the law review submission season. The dust has settled on everyone's submissions and all, from the hopeful students to the Ivy League professors, know how well they did on the law review market. It is now time for both aspiring and established legal academics alike to complain and reflect critically about the student-run system of law reviews. Of course, there is nothing novel in these critiques; by now they are well-known and widely shared.
There is no need to reinvent the wheel in order to fix many of the problems with the current law review system. The academic profession long ago found a better, if far from perfect, approach to academic publications – the blind peer-review system. For example, in a past post Michael Dorf suggested a model along these lines.
Seeing that the system of professional publication of the American legal academy has been broken for some time now, the real puzzle in my eyes is not how to fix it but rather why it was not fixed a long time ago? Especially considering that the people who do most of the criticizing are also the same people with the power to change things (a rare occurrence indeed). I cannot but wonder whether some of the reasons why the vast majority of academic legal publications are not blindly peer-reviewed may be, despite appearances, that many legal academics actually have overriding interests in preserving the status quo. This is not to allude to any conspiracy or to entirely rule out prisoners' dilemmas, institutional constraints and the power of habit and tradition. But even discounting all these factors, I still wonder whether the interests of those who have the power to fix the current system actually favor the present state of affairs.
Posted by Ori Herstein
There is no need to reinvent the wheel in order to fix many of the problems with the current law review system. The academic profession long ago found a better, if far from perfect, approach to academic publications – the blind peer-review system. For example, in a past post Michael Dorf suggested a model along these lines.
Seeing that the system of professional publication of the American legal academy has been broken for some time now, the real puzzle in my eyes is not how to fix it but rather why it was not fixed a long time ago? Especially considering that the people who do most of the criticizing are also the same people with the power to change things (a rare occurrence indeed). I cannot but wonder whether some of the reasons why the vast majority of academic legal publications are not blindly peer-reviewed may be, despite appearances, that many legal academics actually have overriding interests in preserving the status quo. This is not to allude to any conspiracy or to entirely rule out prisoners' dilemmas, institutional constraints and the power of habit and tradition. But even discounting all these factors, I still wonder whether the interests of those who have the power to fix the current system actually favor the present state of affairs.
Posted by Ori Herstein
15 comments:
Ori was too polite to make this express, so I'll just spell out the vested interest that we established faculty have in the existing system:
1) It means students do work we would otherwise have to do; and 2) The current system gives well-known professors from high-prestige institutions an advantage.
As to number 1, I would note in explanation of our collective laziness that unlike academics in other disciplines, we have to grade our own exams rather than rely on grad students and, if we're conscientious, we have to change our courses each year, as the law changes more rapidly than, say, Roman history. To be clear, that's an explanation, not a defense.
As to number 2, some law journals use blind processes for at least part of the selection, but given the students' lack of expertise, it's actually sensible (if wildly over and underinclusive with respect to quality) for them to rely on credentials to make publication decisions. Shifting to a genuine blind peer review system would mean that we established faculty from elite schools would lose the unfair advantage we now enjoy in getting our articles selected for publication.
In that case, I will add another point:
Beyond pure intellectual virtue, interest and curiosity, academics must publish either for tenure or for the professional prestige and for the boons that come with it (better institutions, higher salary, invitations to conferences, chairs, lighter teaching load and the most important academic commodity of them all – honor).
Publishing in peer-reviewed publication is tough. One reason for this is that the standards for publication in terms of novelty and quality are higher when set by experts in the field as opposed to those set by students. Simply put, once one is reasonably established (i.e., is a professor in an American law school) one will most likely get some publication in every submission cycle. Therefore, people can put more emphasis on quantity than on novelty and quality.
I know I've said this in a Dorf on Law comment before, but I'll repeat: The problem is not so much with the selection system; it is with the heuristics hiring committees and the article-reading public use to evaluate the quality of writing. I may be wrong, but I bet most articles that are read are viewed or printed off of the internet, either from a journal's website, SSRN, or from Westlaw or Lexis. If that's right, then the benefit of publication in the top journals is limited, for getting published at a lower-ranked journal does not actually make the article less accessible. There should, in theory, be no downside to publishing in those journals so long as the readers approach the articles with an open mind---"de novo review," if you will.
True, student editing at top-ranked schools may be somewhat better than student editing at lower ranked schools, but this can easily be overcome by the writer doing a more thorough editing job herself, or by asking friends with editing skills to assist.
And, of course, for the same reason it is preferable to get an op-ed published in the New York Times instead of the Staten Island Advance, there are benefits to getting published in a journal like the Harvard Law Review, whose website, I imagine, receives a lot of visitors who are not looking for specific articles, but are instead simply browsing. But this will not lead to prestige if the article itself is uninteresting; I'm sure a significant number of articles in top-ranked journals die a quiet death (or live on only to be cited unthinkingly by student research assistants and law review editors looking to support professors' assertions). Further, I do not think a good article that is published in a lower ranked journal fails to get noticed, because writers typically circulate reprints to the respected professors in their field, and because an article only needs to get noticed and discussed once by a respected professor to capture others' attention. Thus, the prestige-conferring audience---the specialists in the field---will likely come across the article one way or another if it deserves attention.
The problem, then, is that hiring committees (and the rest of us) would much rather judge an author by his C.V. than by a review of his work, even though everyone knows the selection system is broken. Once we get over this irrationality, the selection system will become irrelevant, and people can be judged on the merits of their works.
Dear Prof. Dorf,
Isn't part of the reason why legal academics are so strapped for time also because they are really part-time academics (to put it more charitably), and they spend inordinate amount of time doing advocacy work, rather than serious intellectual work? Lest I am accused of being a churlish outsider, this was precisely the charge brought up by a distinguished legal scholar, Yale's Paul Kahn (I forgot which book--but I think it was either in the Reign of Law or the Cultural Study of Law.)
Regardless, I find the whole student-edited law reviews scheme a bona-fide scam, and it says volumes about the legal academia that it hasn't been fixed yet. At best, you leave clueless students the power of making and un-making careers; and at worst, you create a system where the professors can abuse the system by pressuring or bullying students to publish them (I am obviously not going to get into specifics, but I've heard first-hand stories of this nature from friends).
免費A片, ut聊天室, AV女優, 美女視訊, 免費成人影片, 成人論壇, 情色交友, 免費AV, 線上a片, 日本美女寫真集, 同志聊天室, 聊天室交友, 成人文章, 成人圖片區, 色情網站, 辣妹視訊, 美女交友, 微風成人區, 色美媚部落格, 色情影片, 成人影片, 成人網站, 免費A片, 上班族聊天室, A片,H漫, 18成人, a漫, av dvd, 一夜情聊天室, 微風成人, 成人圖片, 成人漫畫, 情色網, 日本A片, 免費A片下載, 性愛, 成人交友, 嘟嘟成人網, 嘟嘟成人網, 成人貼圖, 成人電影, 成人, 中部人聊天室, 080中部人聊天室, 成人貼圖, 成人小說, 成人文章, 成人圖片區, 免費成人影片, 成人遊戲, 微風成人, 愛情公寓, 成人電影, A片, 情色, 情色貼圖, 情色文學, 做愛, 成人遊戲, 成人影城, 色情聊天室, 色情小說, 一葉情貼圖片區, 情色小說, 色情, 寄情築園小遊戲, 色情遊戲, 成人網站, 麗的色遊戲, 色情網站, 成人論壇, 情色視訊, 情色電影, aio交友愛情館, 言情小說, 愛情小說, 色情A片, 情色論壇, 自拍, 癡漢, , 俱樂部, 豆豆聊天室, 聊天室, 色情影片, 視訊聊天室, 免費視訊聊天, 免費視訊, 視訊交友90739 情人視訊網影音視訊聊天室 免費視訊聊天室 視訊聊天 視訊交友 美女視訊 視訊美女 視訊 免費視訊 免費視訊聊天 視訊聊天室 辣妹視訊 一夜情 色情a片 aio交友愛情館 情色電影 情色視訊 色情遊戲 色情 情色小說 一葉情貼圖片區 色情小說 色情聊天室 情色交友 成人論壇 成人網站 色情網站 情色論壇 小高聊天室 女同志聊天室 6K聊天室 080苗栗人聊天室 080聊天室 聊天室尋夢園 UT男同志聊天室 男同志聊天室 尋夢園聊天室 UT聊天室 聊天室 豆豆聊天室 A片 成人電影 成人貼圖 嘟嘟成人網 美女交友 本土自拍 成人交友 成人影片http://ssff01.3b8mm.com/
I am so happy to get some hero gold and the hero online gold is given by my close friend who tells me that the hero online money is the basis to enter into the game. Therefore, I should buy hero gold with the spare money and I gain some hero money from other players.
酒店喝酒,禮服店,酒店小姐,酒店經紀,制服店,便服店,鋼琴酒吧,兼差,酒店兼差,酒店打工,伴唱小姐,暑假打工,酒店上班,日式酒店,舞廳,ktv酒店,酒店,酒店公關,酒店小姐,理容院,日領,龍亨,學生兼差,酒店兼差,酒店上班,酒店打工,禮服酒店,禮服店 ,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,經紀 彩色爆米花,經紀人 彩色爆米花,酒店傳播,酒店經紀 彩色爆米花,爆米花,童裝,童裝拍賣,童裝大盤,童裝寄賣,童裝批貨,酒店,酒店,童裝切貨,酒店,GAP童裝,酒店,酒店 ,禮服店 , 酒店小姐,酒店經紀,酒店兼差,寒暑假打工
酒店喝酒,禮服店,酒店小姐,酒店經紀,制服店,便服店,鋼琴酒吧,兼差,酒店兼差,酒店打工,伴唱小姐,暑假打工,酒店上班,日式酒店,舞廳,ktv酒店,酒店,酒店公關,酒店小姐,理容院,日領,龍亨,學生兼差,酒店兼差,酒店上班,酒店打工,禮服酒店,禮服店 ,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,經紀 彩色爆米花,經紀人 彩色爆米花,酒店傳播,酒店經紀 彩色爆米花,爆米花,童裝,童裝拍賣,童裝大盤,童裝寄賣,童裝批貨,酒店,酒店,童裝切貨,酒店,GAP童裝,酒店,酒店 ,禮服店 , 酒店小姐,酒店經紀,酒店兼差,寒暑假打工
酒店兼職,上班的酒店經紀人,制服酒店領檯小姐.去,禮服酒店兼職便服/店,合法酒店經紀生意一定很好酒店,暑假打工菲梵
酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店經紀, 酒店打工經紀, 制服酒店工作, 專業酒店經紀, 合法酒店經紀, 酒店暑假打工, 酒店寒假打工, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店工作, 酒店打工經紀, 制服酒店經紀, 專業酒店經紀, 合法酒店經紀, 酒店暑假打工, 酒店寒假打工, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店工作, 酒店打工經紀, 制服酒店經紀,菲梵,
Thanks for more information What it takes to endow you with Export packing domestic moving and long distance relocation services.
Packers and Movers Pune | Movers and Packers in Pune
Packers and Movers Mumbai | Movers and Packers Mumbai
Packers and Movers Chennai | Movers and Packers in Chennai
Packers and Movers Hyderabad | Movers and Packers in Hyderabad
Packers and Movers Bangalore | Movers and Packers in Bangalore
More for information We know that in the current era you service provider hence each of the Packers and Movers services.
Packers and Movers in Delhi | Movers and Packers Delhi
Packers and Movers in Gurgaon | Movers and Packers Gurgaon
Packers and Movers in Noida | Movers and Packers Noida
Packers and Movers in Ghaziabad | Movers and Packers Ghaziabad
Packers and Movers in Faridabad | Movers and Packers Faridabad
Thank you very much for this article.
Movers and Packers in Pune
Movers and Packers in Gurgaon
Movers and Packers in Bangalore
Thank you very much for this article
Packers and Movers Mumbai
Packers and Movers Navi Mumbai
Packers and Movers Thane
Packers and Movers Ghaziabad
Packers and Movers Faridabad
Packers and Movers Delhi
Packers and Movers Noida
Post a Comment