OPINION PIECE
(wileyonlinelibrary.com) doi: 10.1002/leap.1105 Received: 3 January 2017 | Accepted: 10 April 2017 | Published online in Wiley Online Library: 18 May 2017
Improve student-edited law journals: Eliminate
the acceptance period
Stewart Manley
S. Manley
Faculty of Law, University of Malaya, 50603 Kuala
Lumpur, Malaysia
ORCID: 0000-0002-3389-9679
E-mail: stewart.manley@um.edu.my
Key points
• The vast majority – and the most prestigious – of US law journals are edited by
law students, without peer review.
• Overwhelming numbers of simultaneous submissions contribute to over-reliance
on author credentials for article selection.
• Authors ‘trade up’ by leveraging offers to publish with higher-ranked journals.
• Law journals should learn from literary reviews, which expect immediate accept-
ance of offers.
• The elimination of acceptance periods would reduce simultaneous submissions
and optimize matching between manuscripts and journals.
INTRODUCTION
For most scholars, peer review is a necessary and valuable step
to publishing research in high-quality academic journals. Submis-
sions to peer reviewed journals are exclusive; only after a manu-
script is rejected can an author submit it elsewhere, and if it is
accepted, the journal will expect to publish it. These practices are
largely turned upside-down at oft-criticized US student-edited
law journals (Liptak, 2013). Almost without exception, these jour-
nals do not use peer or faculty review. Instead, students alone,
with at most 2 years of law school experience, select and edit
articles, leading to ‘an embarrassing situation deserving the smirks
of disdain it gets from colleagues in the sciences and humanities’
(Austin, 1990).
Student-edited law journals also allow unlimited simultane-
ous submissions. Hence, authors can submit an article to dozens,
and if they wish even hundreds, of journals at the same time.
Combined with the ease of submitting electronically, simultane-
ous submissions overwhelm student editors. To make matters
worse, authors are provided acceptance periods during which
they scramble to leverage – or ‘trade up’– offers to publish with
higher-ranked journals. The more prestigious journals, seeing that
the article has received an offer, assume that it must be of rea-
sonably high quality and quickly prioritize it for review. The
lower-ranked journals are often left snubbed and empty-handed.
These factors (along with the lengthiness of typical law arti-
cles) have obliged student editors to find ways to ease their bur-
den while still publishing top articles. Their primary tactic is to
rely heavily on author credentials rather than manuscript quality,
leading to even more criticism.
This piece provides a critical overview of submission policies
at student-edited law journals and compares them to policies at lit-
erary reviews, which also generally allow simultaneous submissions
and do not use peer review. The piece suggests that law journals
can learn from literary reviews. Unlike law journals, literary reviews
expect immediate acceptance of offers to publish. A small survey
undertaken of literary reviews and the experience of a legal journal
that allows simultaneous submissions but requires acceptance of
offers, the highly ranked Journal of Empirical Legal Studies (JELS),
indicate that authors in both fields respect immediate acceptance
policies. Eliminating acceptance periods at law journals would argu-
ably transform submissions at student-edited law journals. Authors
would be forced to only submit to journals in which they would be
pleased to be published (as scholars in other fields do). Put another
way, eliminating the acceptance period would optimize matching
between journals and manuscripts. Student editors would also
receive fewer submissions, giving them more time to focus on
manuscript quality. Editors would be encouraged to review manu-
scripts more carefully, knowing that every manuscript to which an
offer was extended would be published.
Learned Publishing 2017; 30: 245–250 www.learned-publishing.org © 2017 The Author(s).
Learned Publishing © 2017 ALPSP.
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