The Ethics of Baiting and Switching in Law Review Submissions

The Marquette Law Review hosted a fantastic symposium on the “ethics of scholarship” back in September and will be publishing an issue dedicated to the topic in the coming months. My short contribution addresses the ethics of a practice that appears to occur at times in law review submissions–namely, the practice of strategically over-claiming the importance of a paper to law review editors in order to improve the prospects of a favorable placement, and then walking back the over-claim prior to releasing the paper to the public. Here’s the abstract:

Sometimes the authors of law review articles engage in a bait-and-switch: they insert exaggerated claims of novelty or significance into their submission to student editors and then, after securing a satisfactory offer of publication, moderate those claims in drafts made available to colleagues and the public. By doing so, the authors manage to improve their chances at a desirable placement and avoid unscholarly claims before peers.

This symposium essay suggests that baiting and switching is unethical, and then discusses potential ways to address it.

With the annual submission season upon us, I hope the essay helps to discourage a problematic practice.

Advertisements
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s