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10 May 2006

Comments

Jeremy A. Blumenthal

I do think that much of the empirical legal research law that professors conduct is generally appropriate for IRB review - indeed, more than is generally assumed. This particular endeavor, though, doesn’t seem to fit the requirements. Going by what I recall of my university’s rules, IRB approval is required for research on human subjects. This law review effort does seem to be “research” - an effort to collect generalizable information for publication by a university-affiliated researcher. But query whether it is really research on “human subjects” - it seems to neither collect identifiable private information nor to be research about the individuals with whom Prof. Volokh interacted. So I vote “no.”

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