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15 August 2007

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Alex,

I think an author's desire to protect his or her reputation, plus the ability to workshop a paper, provides sufficient quality control for student-edited journal. Note that virtually all the editing any many (perhaps most) peer-reviewed journals are author edits in response to referee edits. A workshop can have a similar effect. bh.

Alex

I agree with the post and the comments, but there is a difference between being qualified to intelligently read an article and being able to edit it.

Take, for example, an author's criticism of an empirical piece for poor data coding. An author could go on at length about another researcher's coding is imprecise, but, absent some plausible systematic bias in the coding, that doesn't undermine the author's conclusions. The idea that errors-in-the-variables biases the estimators of independent variables toward zero is not a particularly intuitive proposition (or at least isn't to me). A lay legal audience doesn't necessarily need to understand errors-in-the-variables -- or, at least, can't be reasonably expected to -- but an editorial board that doesn't get it might be willing to publish an article that goes on at length with a totally irrelevant point.

Dylan Steinberg

Legal scholarship is unusual because, in addition to serving an academic audience, it is also used by the practicing bar. (As legal scholarship moves away from doctrinal analysis to more interdisciplinary work, the usefulness to a practicing audience is diminished.) A potentially salutary effect of student article selection is that it encourages authors to tailor their articles to that audience, since the student editors are a reasonable stand-in for the (frequently generalist) practicing readers.

Michael Heise

Bill nicely identifies many of the arguments, both pro and con, re: student-edited v. faculty-edited, peer-reviewed law journals.

One small point complements Bill's. During my years co-editing JELS (we're now working on Vol.5) what has become very clear to me is that the best submissions we get, including almost all of the most technically sophisticated methodological papers, tend to be written in clear, accessible prose. To be sure, the correlation is not perfect. But it is strikingly robust. Obviously, what it suggests is that folks smart enough to write first-rate empirical legal scholarship are also smart (and confident) enough to write in plain, clear, precise, and accessible English. In all, something of a pleasant surprise.

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