Posted by Orin Kerr:
An Insider's Guide to Understanding Law Review Submissions:
The new academic year has arrived at law schools around the country,
and that means it's fall law review placement season. Professors are
sending out articles they wrote over the summer, and student articles
editors are selecting articles to publish. I thought I might provide a
public service to law review editors out there by offering a
behind-the-scenes look at what professors are really thinking when
they write law review articles. Here is a sample title and abtsract;
just click on "translate" to see what the professor was thinking and
what message he wanted to send to the journal when he wrote the
preceding text.
Deconstructing the Panopticon:
A Neo-Realist Critique of the Rehnquist Court
([1]translate)
([2]Awesome title, isn't it? Very hip. I'm not quite sure what it
means, but it's got edgy philosophy, Big Brother, and current events
all rolled into one. The only thing it's missing is a pop culture
reference, but I have lots of ideas for that. How about "Wardrobe
Malfunction: A Neo-Realist Critique of the Rehnquist Court"? Let's
talk.)
This article presents a neo-realist critique of the Rehnquist
Court. By combining the architectural insights of Foucault's
Panopticon with recent advances from Jungian psychoanalytic theory,
the article exposes the Rehnquist Court as a contingent product of
Hegelian substantive ethics.
([3]translate)
([4]Do you have any idea how hard it is to come up with an original
article topic? Most of the real legal topics have been covered, so I
pulled out my college text books from PSYCH 102 and PHILO 203 and
started typing. With any luck, none of the articles editors will know
enough to call my bluff. Besides, I have been told that this kind of
stuff is very hot at the top 10.)
Building upon and extending the insights of Akhil Amar, Lawrence
Lessig, and Cass Sunstein, the article applies this framework to
recent decisions in controversial areas ranging from affirmative
action to the Court's decision in Lawrence v. Texas.
([5]translate) ([6]Message to editors: "Publishing this article is
almost as good as publishing a piece by Akhil Amar, Lawrence Lessig,
or Cass Sunstein. Plus, I am talking about important issues, and if
you publish it lots of people are going to want to cite it. That will
make you look good. Even if my paper is basically gibberish, the
section on affirmative action and Lawrence will be a lot more fun to
edit than that boring article on Korean bankruptcy law you're thinking
of publishing.")
It also explains how the Supreme Court should decide United States
v. Booker and United States v. Fanfan, pending cases that consider
how Blakely v. Washington applies to the United States Sentencing
Guidelines.
([7]translate)
([8]Message to editors: "Is this timely or what? Just think -- maybe
one of the Justices will read this article in your journal and it will
persuade them to change their vote, altering the course of
constitutional history! Even better, maybe the article will get
cited!" Hmm, I just hope no one recognizes that the issue will come
out months after Booker and Fanfan have been decided.)
It concludes by offering additional thoughts on the broader
connection between Rehnquistian jurisprudence and social darwinism.
([9]translate)
([10]My 'additional thoughts' are really just a few sentences, but
tying ideas into broader themes is an important way to seem profound.
Besides, without this sentence the abstract seemed too short. C'mon,
whaddya say? Did I mention that my last piece was published in Yale?)
Of course, any relationship between this and any actual article title
and abstract is entirely accidental.
References
1. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
2. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
3. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
4. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
5. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
6. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
7. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
8. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
9. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
10. file://localhost/var/www/powerblogs/volokh/posts/1093579657.html
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