The Ethics of Baiting and Switching in Law Review Submissions

Document Type

Article

Publication Date

2018

Publication Information

Ryan Scoville, The Ethics of Baiting and Switching in Law Review Submissions, 101 Marq. L. Rev. 1075 (2018)

Source Publication

101 Marquette Law Review 1075 (2018)

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.

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