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Tuesday, March 17, 2009
Some more blather about "best journals"
The other day Brian Leiter trotted out his new favorite toy (condorcet-compatible voting tools) to do a ranking of the "best law journals." Brian editorialized: "is there really any legal academic who thinks the quality of articles in, say, the Harvard Law Review is really higher than the quality of articles inJournal of Legal Studies or Oxford Journal of Legal Studies or almost any of the faculty-edited journals? I find that quite hard to believe, but I am open to being persuaded otherwise." There's a pretty interesting comment thread to this question-- interesting if you're a dork like most of this blog's readership.
Posted by Administrators on March 17, 2009 at 11:35 AM in Life of Law Schools | Permalink
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Comments
Having seen peer reviewers' comments on a couple of things (not from legal journals), I have yet to be convinced that peer review is generally any better than the HLR comments I saw (from the inside). And having seen recent stories like this (not to mention the Michael Bellesiles scandal), peer reviewers seem to do worse than law students at catching basic factual errors. Peer reviewers don't cite-check.
Posted by: Stuart Buck | Mar 18, 2009 12:21:22 PM
Totally reasonable point. Implicit bias can be strong. As a formal matter, though, we encourage our Articles Committee not to use style as probative factor. I can say for certain that if citation style were something we considered strongly, we would have accepted different articles this year.
Posted by: Anthony Vitarelli | Mar 17, 2009 10:57:10 PM
Anthony, thanks for weighing in. I wonder in the end how unbiased the readers can be. My own anecdotal experience: when I was an HLR editor tasked with rotopools (ie, first reads), I am pretty sure there was an implicit bias -- call me crazy -- working in favor of pieces that looked polished and ready, and that standard was typically informed by whether it was Bluebookable. But that was ten years ago...and so student article editors are more sophisticated than I was then...or now.
Posted by: Dan Markel | Mar 17, 2009 3:20:21 PM
Dan --
Just speaking for YLJ, we hope that authors submitting to peer-reviewed journals would not preclude themselves from submitting to us solely because they used parentheticals rather than footnotes.
If it's a great piece and the author accepts our offer, we'll help rework the citations to make it fit our style. We definitely do not penalize or have any bias against a piece's citation convention at the submissions stage. Post-acceptance, we require that pieces we publish be footnoted according to the Bluebook, but that's separate from evaluating the piece's content.
All that being said, as an empirical matter, we hardly receive any pieces that are cited parenthetically, so Zoom's intuition may be being carried out in practice.
-Anthony
Posted by: Anthony Vitarelli | Mar 17, 2009 12:25:45 PM
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