Category: Law School (Law Reviews)

14

Law Review Submissions: March “Window” and War Stories

It’s my strong sense that most law reviews are very much in gear at the moment, and that some have even finished their Spring season. (Based in part on this, and part on personal experience.) I figured I’d create a thread for journals that just started reading and are hoping for submissions, or even those that haven’t opened yet. Tell us all about it! Also, based on some inquiries, is anyone particularly looking for book reviews or essays to fill an odd cranny here or there?

Also, feel free to use the thread as a place to write about attempts to reject rejections, wheedle acceptances, or otherwise share in the madness that is the 2009 law review tournament. ™

20

Is the Window Open? February Law Review Submission Season Notice Board

[Bumped x2.]

A few weeks back, Matt Bodie put up a thread on the winter law review submission season at Prawfs. It didn’t get too many responses, suggesting to me that the season hadn’t yet arrived. Time having passed, I’m putting this post up to inquire of our student law review readers:

1. Has your board turned over?

2. If not, when will it?

3. Do you want new articles on the day the new board moves in, or would you prefer to get used to the new digs first?

4. If you have already turned over, are you planning any theme issues that folks ought to consider submitting specialized pieces for?

5. What format do you want pieces in (especially if you are changing your previous policies).

6. Do you (still) take cash?

I will bump this thread weekly.

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Columbia Law Review, Volume 109 Issue 1 (January 2009)

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Columbia Law Review, Volume 109 Issue 1 (January 2009)

Article

The Federal Common Law of Nations

Anthony J. Bellia Jr. & Bradford R. Clark

Notes

Discerning Discrimination in State Treatment of American Indians Going Beyond Reservation Boundaries

Shira Kieval

More Bitter Than Sweet: A Procedural Due Process Critique of Certification Periods

Amy McCamphill

Essay

The Subjective Experience of Punishment

Adam J. Kolber

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Columbia Law Review, Volume 108 Issue 8 (December 2008)

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Columbia Law Review, Volume 108 Issue 8 (December 2008)

Articles

The Promise and Peril of Corporate Governance Indices

Sanjai Bhagat, Brian Bolton & Roberta Romano

Textualism and Jurisdiction

Peter J. Smith

Notes

Calculating the Public Interest in Protecting Journalists’ Confidential Sources

David Abramowicz

RICO and the Commerce Clause: A Reconsideration of the Scope of Federal Criminal Law

Thane Rehn

Essay

Immigration Outside the Law

Hiroshi Motomura

Book Review Essay

Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy

On Amir & Orly Lobel

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Seven

That’s the number of times that the Journal of Legal Studies has been cited in cases since 2001, according to the newly updated W&L Journal Rankings. Its overall combined rank is 54th (tied with newcomer JELS); and its rank by case citations is tied for 269th.

For those who are disposed to think that legal scholarship’s distance from practical use is a problem, this particular result will be a congenial datapoint in opposition to technical scholarship in peer-reviewed journals. My guess as to the cause: for the most part, JLS isn’t written by law professors these days, and, as a consequence, the language and conclusions of the articles it publishes don’t resonate with lawyers or judges. I personally am not particularly troubled by the result — I think of JLS as a place where folks can engage is fierce theory, unencumbered by literature review or attenuated explanation. But I do think that the relative dearth of citation to the journal by judges — and by other law reviews — is sobering.

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Columbia Law Review, Volume 108 Issue 7 (November 2008)

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Columbia Law Review, Volume 108 Issue 7 (November 2008)

Articles

Progressivity and Potential Income: Measuring the Effect of Changing Work Patterns on Income Tax Progressivity

Chris William Sanchirico

Market Damages, Efficient Contracting, and the Economic Waste Fallacy

Alan Schwartz & Robert E. Scott

Notes

Walking the Federalist Tightrope: A National Policy of State Experimentation for Health Information Technology

Benjamin J. Beaton

An Unintended Double Standard of Liability: The Effect of the Westfall Act on the Alien Tort Claims Act

Karen Lin

Essay

Human Welfare, Not Human Rights

Eric A. Posner

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Columbia Law Review, Volume 108 Issue 6 (October 2008)

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Columbia Law Review, Volume 108 Issue 6 (October 2008)

Articles

Reforming Securities Litigation Reform: Restructuring the Relationship Between Public and Private Enforcement of Rule 10B-5

Amanda M. Rose

Detention As Targeting: Standards of Certainty and Detention of Suspected Terrorists

Matthew C. Waxman

Notes

Following the Leader: Twombly, Pleading Standards, and Procedural Uniformity

Z.W. Julius Chen

An Antitrust Analysis of Product Hopping in the Pharmaceutical Industry

Jessie Cheng

Essay

Hedonic Adaptation and the Settlement of Civil Lawsuits

John Bronsteen

Christopher Buccafusco

Jonathan S. Masur

15

The Utility of the Washington and Lee Rankings

As this fall’s law review submission period winds down, I am forced to ponder yet again the utility of the Washington and Lee law journal rankings. My aim is not to question their methodology here; rather, I wonder whether counterintuitive results — that is, results that don’t comport with a law school’s U.S. News and World Report rankings — can override the prestige rankings in the heads of law professors (rankings that generally match up with USN&WR). I would be the first to admit that W&L’s ranking methodology based largely on citation counts appears to be a more legitimate way to differentiate among law journals than a gut reaction that a higher-ranked law school must have a better journal. But it’s still a struggle to overcome the little rankings voice in my head repeating a mantra that has been with me since I first applied to law school almost fifteen years ago.

So, for example, a friend with an offer from the Virginia Journal of International Law — ranked first among international journals by W&L — sends me an e-mail to ask if she should expedite with the Harvard International Law Journal (ranked #2 by W&L) and the Yale Journal of International Law (ranked #6 by W&L). I don’t dispute that VAJIL may garner more cites than the Yale and Harvard journals, and as a scholar of international law, I’m fully aware that it’s considered the top specialty journal in the field. However, if I’m looking at a publication on an AALS form or a resume, particularly if it’s in a specialty journal in a field that I’m not familiar with, I have to admit that the fancier law school names would jump off the page at me a bit more energetically.

The issue might arise with more frequency in specialty journals, but we see it also in flagships. So, for example, if you were weighing an offer from the Ohio State Law Journal and the Washington University Law Review, which one would you take? I might be inclined to Wash U, which I’m well aware is a top 20 law school. However, the Ohio State Journal outranks the Wash U Journal by 10-16 places in W&L’s book, depending on how you slice it. But the prestige, the prestige, the prestige, the little voice chants — it’s hard to move beyond that factor.

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Columbia Law Review, Volume 108 Issue 5 (June 2008)

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Columbia Law Review, Volume 108 Issue 5 (June 2008)

Articles

Process and Substance in the “War on Terror”

Jenny S. Martinez

Perceptual Segregation

Russell K. Robinson

Notes

Denying Access to Justice: The Cost of Applying Chronic Nuisance Laws to Domestic Violence

Cari Fais

Punting on the Values of Federalism in Immigration Arena? Evaluating Operation Linebacker, a State and Local Law Enforcement Program Along the U.S.-Mexico Border

Adrian J. Rodriguez

Essay

False Consensus Bias in Contract Interpretation

Larry Solan, Terri Rosenblatt & Dan Osheron

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Columbia Law Review, Volume 108 Issue 4 (May 2008)

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Columbia Law Review, Volume 108 Issue 4 (May 2008)

Article

Agency Costs, Charitable Trusts, and Corporate Control: Evidence from Hershey’s Kiss-Off

Jonathan Klick & Robert H. Sitkoff

Notes

“Trickle Down” Constitutional Interpretation: Should Federal Limits on Legislative Conferral of Standing Be Imported into State Constitutional Law?

James W. Doggett

Will the Ride-Through Ride Again?

Christopher Hogan

Essays

Reputational Sanctions in China’s Securities Market

Benjamin L. Liebman & Curtis J. Milhaupt

Just One Click: The Reality of Internet Retail Contracting

Ronald J. Mann & Travis Siebeneicher