Law reviews and meritocracy

by Henry Farrell on August 8, 2005

This paragraph in a “post”:http://www.volokh.com/archives/archive_2005_08_07-2005_08_13.shtml#1123523518 by Andrew Morriss, guestblogging with the Volokhs, struck me as saying some pretty odd things about publication policies in the legal academy.

bq. There are huge problems with the U.S. News rankings but there is no question that they are important. For example, a friend recently told me that she had been called by a law review about one of her manuscripts. The articles editor apologized for rejecting the manuscript and explained that the rejection had been made without reading the paper because the editors had mistakenly misclassified my friend’s school as being in a lower tier law school. Now that they realized their error, the editor told her, they wanted to consider the article on the merits. I don’t know how widespread this type of screening is, but that it occurred at a well-ranked, but not top journal is at least moderately disturbing.

Now I know that there are a lot of complaints among legal academics about the dominant role of student-edited law reviews. But (if this is at all representative), I hadn’t realized quite how bad the problem was. It’s not (as Micah has “argued previously”:https://crookedtimber.org/2004/10/25/dont-blame-the-law-students-a-reply-to-posner ) the fault of the students editing these reviews – when you have so many article submissions that you’re literally unable to read them all (thanks to the practice of multiple submissions), you’re inevitably going to have some more-or-less unfair metric for deciding which ones to read, and which ones not to. The problem is a structural one. But it does suggest that it’s going to be a lot more difficult for a smart legal academic in a second or third tier school to improve her position by publishing material in good journals, than it would be if she were, say, a political scientist or a sociologist. If her school’s position in the rankings counts against her chances of getting published, she may find herself in a Catch-22 situation; the only way to get published in good journals is to improve her personal name-recognition (since her school won’t help), but the only way to improve her personal name-recognition is to get published. Blind peer review, which is the norm across most of academia, does serve as at least a modest corrective to mutually reinforcing hierarchies in journals’ publication records and department rankings. It’s possible, albeit difficult, to publish your way up. As an aside, I wonder whether the importance of name-recognition to legal academics helps explain why “so many”:http://prawfsblawg.blogs.com/prawfsblawg/2005/06/law_professor_b_1.html of them have started blogs – blogging is a cheap and easy way to make your name familiar to the editors of law reviews.

Update: “Steve Bainbridge”:http://www.professorbainbridge.com/2005/08/a_law_review_pu.html is seeking to test whether law review editors do indeed read law blogs, by soliciting “bids” for a recent article that he’s written. He’s already received an offer from a journal in the top 35-40 range.

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Photo sharing

by Eszter Hargittai on August 7, 2005

The photo-sharing site Flickr has come out with some nifty features recently that make it even more fun to browse pictures on the site than before. Beware, there are hundreds of thousands of photos to see, and more ways to navigate the Web site than before so a simple click can take you away from whatever it is that you were doing for longer than what you might expect. Of course, just like with blogs and many other things, there is a lot of uninteresting mediocre material. But there are also great pictures to view. To help find these, Flickr came out with the interestingness feature. To figure out what gets highlighted in this section, they are using “a ranking algorithm based on user behavior around the photos taking into account some obvious things like how many users add the photo to their favorites and some subtle things like the relationship between the person who uploaded the photo and the people who are commenting (plus a whole bunch of secret sauce)”. There is a calendar feature that lets you browse the interestingness category by day.

Another new feature is their clustering of tags. First, let me take a step back for those who are not familiar with the service at all. When users upload photos to the system they can tag them with descriptors such as name of location, type of event, etc. Photos across the entire site can be viewed by tags. Say you are interested in viewing photos of Chicago. There are over 70,000 photos tagged with “chicago” so you are likely shown many that are not of interest. Tags in and of themselves are only so useful since someone may tag all their private party photos with the name of the city in which the party took place, but that won’t be of much interest to someone looking for pictures of the urban landscape. This is where the new clustering feature comes in handy. For popular tags, the system now offers you related tags so you can be sure that you’ll be viewing pictures of the Chicago skyline, buildings or Millennium Park if that is what’s of interest. (Note that when looking for something specific, it’s worth checking alternate spellings/specifications. For example, you’ll get more pictures of Millennium Park under the misspelled tag milleniumpark than under the correct spelling millenniumpark.)

Some basics about Flickr: anyone can create a free account, which comes with the ability to feature 200 photos organized in up to three sets with a 20MB upload limit per month. For $24.95/year you get much more (unlimited storage, 2GB upload limit, no ads, etc.). You can add contacts and specify them as acquaintances or friends. When you upload photos, you can specify them as public or restricted to your contacts. You can join communities based on interest and affiliation. You can mark photos as your favorite and find them easily later. You can add notes to photos. You can leave comments on people’s photo pages. It’s a neat service, I recommend giving it a try.

When you upload photos, you can either reserve all rights or specify a Creative Commons license for them. Although many people – especially those who seem to be pros – reserve all rights, many do not. Thanks to the Creative Commons licenses, the site offers great illustrations for those in need of adding some photos to other sites, presentations or whatnot without worrying about copyright infringement.

I really enjoy browsing the site aimlessly, but I also appreciate viewing pictures from people to whom I have some connection. So if you happen to have a flickr account, how about posting a link in the comments? My album is here.

Realistically speaking, I better put the Time Sink button on this post. Enjoy!

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More Nick Cohen

by Chris Bertram on August 7, 2005

Nick Cohen has a column today entitled “I still fight oppression”:http://observer.guardian.co.uk/comment/story/0,6903,1544111,00.html . The theme is the familiar one of the moral failure of “the left”.

What to say? If, by Cohen’s lights, supporting the war in Iraq counts as “fighting oppression”, we can say that Cohen got round to it “eventually”:http://www.guardian.co.uk/Columnists/Column/0,5673,665073,00.html . On the other hand, thanks to that reckless war, there’s a great deal more oppression around, whether it is of “ordinary Iraqis slaughtered by Al Zarqawi and his friends”:http://news.bbc.co.uk/2/hi/middle_east/4714601.stm , or of the “women who are to be subjected to the new Iraqi constitution”:http://www.guardian.co.uk/g2/story/0,3604,1537387,00.html . And, of course, Cohen actually opposed the overthrow of the Taliban. So maybe that “still” in the headline is a tiny bit misleading.

“Matthew Turner”:http://www.matthewturner.co.uk/Blog/ has been doing a sterling job of digging up past Nick Cohen columns. Some of them are, in the light of recent scribblings, simply priceless. So, for example, “this one”:http://observer.guardian.co.uk/comment/story/0,6903,587483,00.html , which contains the line:

bq. He [Blair] has – and there’s no point being prissy about this – pinned a large target sign on this country.

As “Matthew writes”:http://www.matthewturner.co.uk/Blog/2005/07/nick-cohen-in-2001.html :

bq. Cohen is within his rights to change his mind. What he’s not within his rights is to attack [in his “UAT statement”:http://www.unite-against-terror.com/whysigned/archives/000028.html ] as “morons”, and call their views “sinister”, people who didn’t make such cack-handed predictions (and get taken in by conmen) but who still believe some of what he used to.

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Not George Will

by Ted on August 6, 2005

I can’t imagine a person who voluntarily reads political blogs who wouldn’t enjoy The Columnist by Jeffrey Frank. It’s the hilariously self-serving autobiography of a fictional arrogant, oblivious Washington hack pundit with a keen antenna for suspect ethnicities. Here, the narrator recalls learning about the assasination of John F. Kennedy at his office at the weekly journal of opinion, New Terrain.

I wandered the corridor at New Terrain, sharing my grief with Johnny, Lionel, Tobias and Esther. It was, we knew, our duty to make over the magazine, which was scheduled to go to press that evening, and we met in Tobias’s messy office, stumbling over piles of books.

“It is as if a great athlete has been cut down in his prime,” I said, and they looked at me with astonishment. “As if Ted Williams was stopped in midswing. The game goes on- the demands of history assure that- but joylessly.”

Tobias looked, I thought, strangely impressed, his eyebrows aloft; I saw that Lionel was nodding vigorously, yet seemed unable to stop nodding. Esther’s wide lips parted as if to express a thought. Johnny Stapling, as if overcome by emotion, left the room.

“The shocked crowd does not like the pinch hitter,” I continued. “We cannot boo, because we know that he did not enter the game on his own volition, yet we resent him. Just minutes before we were watching someone else and the world was right.”

It became clear from their approving silence that these thoughts would be included in the memorial edition of New Terrain, and I took notes even as I uttered them.

Now that blogs have removed arrogance, narcissism and hackery from political punditry, we can look back at this and laugh.

(recommended by McSweeney’s)

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Robin Cook is dead

by Chris Bertram on August 6, 2005

Robin Cook, former Labour Foreign Secretary and prominent critic of the Blair government over Iraq, “has died suddenly at the age of 59”:http://news.bbc.co.uk/1/hi/uk/4127654.stm . His “resignation speech”:http://www.robincook.org.uk/cook/rc_press.asp#article8 over the war will be remembered for a very long time. From that speech delivered on the eve of war:

bq. For four years as Foreign Secretary I was partly responsible for the western strategy of containment. Over the past decade that strategy destroyed more weapons than in the Gulf war, dismantled Iraq’s nuclear weapons programme and halted Saddam’s medium and long-range missiles programmes. Iraq’s military strength is now less than half its size than at the time of the last Gulf war. Ironically, it is only because Iraq’s military forces are so weak that we can even contemplate its invasion. Some advocates of conflict claim that Saddam’s forces are so weak, so demoralised and so badly equipped that the war will be over in a few days. We cannot base our military strategy on the assumption that Saddam is weak and at the same time justify pre-emptive action on the claim that he is a threat. Iraq probably has no weapons of mass destruction in the commonly understood sense of the term—namely a credible device capable of being delivered against a strategic city target.

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Cheezeball

by Chris Bertram on August 6, 2005

Here’s a site I think is fun: “Cheezeball”:http://www.cheezeball.net/index.html . Dedicated to alt.country (whatever that is) and keeping it free of schmaltz and schlock: ‘ “It is “cheeze” with a “z,” as in “Muzak.”‘. The reviews are often savage (including of a least one album I think is pretty good) and funny and the “manifesto”:http://www.cheezeball.net/Manifesto.htm is worth a read (and connects with “Kieran’s recent post”:https://crookedtimber.org/2005/07/31/the-devils-music/ on Christian rock).

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Jimmy Doyle on human agency

by Chris Bertram on August 6, 2005

My friend and colleague Jimmy Doyle has a guest post on Normblog: “Human Agency and the London Bombings”:http://normblog.typepad.com/normblog/2005/08/human_agency_an.html . I hesitate to summarise Jimmy’s argument here, since it is stated with characteristic carefulness and precision, but among the more striking claims he endorses is that genuine human actions cannot figure among the causes of other human actions:

bq. human actions cannot be thought of as mere events in a causal chain of further events. This is expressed in the traditional legal doctrine of _novus actus interveniens_ , according to which a human action cuts short the chain of causally-connected events consequent upon any previous action. For the cause of a human action is not an event at all, but an agent: a person, a human being.

I am not putting a counter-argument, but merely making an observation, in saying that if Jimmy’s view is correct then much of social science and history rests on a mistake. Economics and psychology, for example, certainly presuppose that one person’s action can figure among the causal antecedents of another’s. And all those books on the “causes” of the First or Second World Wars would have to be pulped or substantially rewritten.

Jimmy advances this consideration in favour of his view:

bq. I should emphasize that I have not tried to show that what is presupposed in our ordinary thought and talk about human action is true. But if it turned out false, that would be a disaster; and we would very likely find it impossible to lead recognizably human lives consistent with such a realization.

I suspect that we would find it a good deal easier than he supposes to lead “recognizably human lives”, but let’s leave that to one side. The examples of history and social science show that whilst Jimmy may be right to say that we engage in much thought and talk about human action which rests on the very presuppositions he mentions, we also engage in a great deal of talk about human behaviour that rests on the causal view he rejects. Very likely we would find it hard to get along without that mode of thought and talk too.

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APSA moves

by Henry Farrell on August 5, 2005

A minor victory for San Francisco hotel workers, who are fighting a divisive battle over contracts with their employers. The American Political Science Association has announced that it is “moving its 2006 meeting”:http://www.apsanet.org/content_18472.cfm to Philadelphia, “[d]ue to the lack of progress in the protracted labor-management dispute in San Francisco.” This is the result of a deliberate strategy by the hotel workers’ union, which has been working on persuading academic organizations not to host conferences at the hotels in question, while they continue to try to hold out. Union officials figure that it’s time for academic lefties to put their money where their mouth is, and they’re damn right. I’m delighted that the American Political Science Association has done this.

Update: I should make it clear that my understanding isn’t that the APSA is taking a political stance on the underlying merits of the issues here. Instead, I read the press release to say that given the likelihood of disruption (which would stem from leftwing political scientists boycotting, or organizing pickets, alternative meetings etc in solidarity with the hotel workers), the APSA has decided to move to a less controversial location.

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Unpleasantly self-absorbed suicide bombers

by Chris Bertram on August 5, 2005

The hapless Peter Wilby has a column — “The Responsiblity We All Share for Islamist Shock and Awe”:http://www.guardian.co.uk/comment/story/0,3604,1542996,00.html — in the Guardian today about how citizens of democracies share responsibility for the actions of their leaders. Wilby it was who famously answered his own question about whether the victims of September 11th were innocent with a ‘yes and no’, as if somehow some of them were deserving of their fate( ‘In buildings thought indestructible’, New Statesman, 17 September 2001). There’s more of the same today, with a similar slide from the notion that we as citizens should take responsibility for our governments (with which I agree) and the claim that this somehow turns us all into legitimate objects of attack (which is garbage). Of course Wilby doesn’t actually say this, he sort-of says it and then he sort-of takes it back (well sort-of, in a Guardianish sort-of way).

It is hard to pick out a low point from the article, but if I were pushed I’d go for:

bq. … a home-grown suicide bomber, dreaming of 72 virgins for himself and “a painful doom” (in the Qur’an’s words) for his victims, seems an unpleasantly self-absorbed figure.

I googled the phrase “unpleasantly self-absorbed” and found it variously applied to a book by a management consultant, some characters from _Die Fledermaus_ , and the protagonists in Lars von Trier’s _The Idiots_ .

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Spreading Statistics, cont.

by Ted on August 4, 2005

I noted a few days ago that Senator Rick Santorum made a claim in an online interview about federal taxation. Senator Santorum said that the federal tax rate for the average family has gone up from 2% (in 1950) to 27% today. Furthermore, he claimed that income from a second worker simply replaces the money that the family pays in increased federal taxes. They would enjoy the same net income if taxes went back to 1950 levels and the second worker stayed at home.

I’m really rather sure that this isn’t true. I’m relying on the Tax Policy Center: They say that federal taxes on a family of four at the median income have gone up from about 7.4% to about 14.4%, and that the family would have saved $4436 if we could roll back tax rates. That doesn’t correspond to the Senator’s story.

I checked last night, and Santorum repeats this point in his book, It Takes a Family. It’s on page 123 and 124, and there’s no source. (There’s a bibliography of sorts, but it just lists a series of sources used in each section. There’s no way to connect any specific point to any source.) When I called his press office again to ask for a source, they referred me to the publisher, who couldn’t help me. Nonetheless, he’s repeated this claim at least two more times, on Hardball with Chris Matthews and on Fox News.

Shouldn’t the Senator care whether what he’s saying is right or wrong? Wouldn’t it be nice if a journalist asked him about it?

(Incidentally, is there anything more depressing than the “Current Events” section of a modern-day bookstore? There are so many rows of hastily-written, 200-250 page books with giant print, huge margins, and a cover featuring a smug bastard under a title like “THEY’RE ALL AGAINST YOU: How Hollywood, the French, and the CIA Have Conspired to Pollute Your Precious Bodily Fluids and What You Can Do To Stop Them.” Robert Bork’s Slouching Towards Gomorrah looks like Winston Churchill in all that dreck.)

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My son, going into Year 12 next year, is really happy about this. I agree with him that teaching “Theory” derived from the kind of third-hand postmodernism that was, until recently, dominant in Australian humanities departments is a waste of time, and an unreasonable imposition on students who are conscripted into this course on the assumption that they are going to learn about English (the language, not the academic specialisation of the same name).

On the other hand, I don’t look back to the Golden Age of courses on (how to write essays about) Shakespeare and the Canon with any great enthusiasm either. What I’d like for my kids to get out of high school English is an ability to write well in a variety of modes and (if possible) a love of literature. I don’t think courses in literary criticism (traditional, modern or postmodern) do much for either goal. As far as love of literature goes, they’re usually counterproductive.

More on this from Mark Bahnisch

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Declare, if thou hast understanding

by Henry Farrell on August 3, 2005

“Cosma Shalizi”:http://www.cscs.umich.edu/%7Ecrshalizi/weblog/ on intelligent design.

bq. The thing is, this leads to bad science, and, if an unbeliever can say so, bad religion. The stakes are more serious here than with silly “devotionals with mathematical content”, but the issues are not that different. Doing what you must know is shoddy science, in the hope that it will provide cover for propagating the gospel, shows a poor opinion of your fellow creatures, of the gospel, and of God. Of your fellow creatures, because you are resorting to trickery, rather than honest persuasion or the example of your own life, to win converts. Of the gospel, because you do not trust its ability to change lives and win souls. Last and worst, of God, because you are perverting what you believe to be the divine gift of intelligence, and refusing to learn about the Creator from the creation. And for what? To protect your opinion about what measure you think it fitting for God to employ.

bq. One of the greatest passages in the Bible is when “the Lord answered Job out of the whirlwind”:

bq. Where was thou when I laid the foundations of the earth? declare, if thou hast understanding. Who hath laid the measures thereof, if thou knowest? or who hath stretched the line upon it? Whereupon are the foundations thereof fastened? or who laid the corner stone thereof; when the morning stars sang together, and all the sons of God shouted for joy?

bq. Creationism is a way of responding to this profound challenge by saying “I know! I know! You did it _just like I woulda!_”

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Gorgeous George, how are ya, part 2

by Daniel on August 3, 2005

With the inevitable Barthesian logic of a good wrestling show, Gorgeous George Galloway has made suckers of us all. After bringing a smile to the stoniest of faces when he took apart Norm Coleman and gang, he’s gone on a tour of Al-Jazeera territory, with some frankly unforgivable rhetoric (I’ve watched the footage and can confirm that in this specific instance, the translation is accurate). I have always known that Georgeous Gorge was going to end up being an embarrassment to the antiwar movement and here you go.

Update: Nice try, though I sincerely doubt anyone will be fooled.

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Conditional probability watch

by Chris Bertram on August 3, 2005

“Eve Garrard at Normblog”:http://normblog.typepad.com/normblog/2005/08/profiling_polic.html :

bq. The statistics suggest that the chances of a Muslim man being killed by the police are considerably less than the chances of a Muslim man being killed by suicide bombers, given that the latter make no effort to avoid killing Muslims. So assuming that these policies do indeed prevent some successful bombing attempts, then people who reject them in favour of ones which don’t impinge more on Muslims than on others are actually prioritizing policies which will save fewer Muslim lives over ones which will save more Muslim lives.

I suppose the conclusion might be true …. and I don’t suppose we actually have any statistics that would allow us to estimate the chance of a Muslim _man_ being killed by the police. There are about 1.3 million male Muslims in the country, and Garrard takes the chances of any person from the whole population being killed by being a suicide bomber as relevant to their chances of being killed in that way: 1 in a million? Is their prospect of being killed by police marksmen more remote than that? Anyway, “statistics suggest” that they are surely safer either than men carrying table legs in a suspicious manner in a public place or Brazilian electricians boarding tube trains.

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Unite on this and swivel

by Daniel on August 2, 2005

It appears that John was entirely right to be suspicious of the “Unite Against Terror” campaign. Just a few weeks after collecting signatures, signatories might be interested to know that your name is apparently to be used for a campaign against the BBC for apparently not “framing” the debate in a suitably congenial way.

The question of whether the BBC was right or wrong on this issue is irrelevant here. I didn’t watch the BBC tonight so I can’t say whether they were or they weren’t. The facts are though, that this was ostensibly the “Unite Against Terror” petition, not “Unite Against People Who We Consider To Be Insufficiently Cooperative In The War On Terror”. Anyone who has no particular views about BBC bias, but who out of goodwill and solidarity signed up to a nonspecific statement of opposition to terrorism in the belief that the people behind UAT[1] had too many scruples to start using them for an entirely unrelated political agenda, has the right to be bloody angry at this little shenanigan. I for one am glad I didn’t. My own reasons for not signing UAT were rather more visceral than John’s and are summarised below the fold, in literary form

Update: Alan Johnson has now removed the “News and Forums” section from the UAT website. I have to say that in general he has behaved really rather well about the whole thing.

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