The Ethics of Baiting and Switching in Law Review Submissions

9 Pages Posted: 10 Jan 2018 Last revised: 24 Jul 2018

Ryan Scoville

Marquette University - Law School

Date Written: January 9, 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.

Keywords: Law Review Submissions, Law Professors, Ethics of Scholarship

Suggested Citation

Scoville, Ryan, The Ethics of Baiting and Switching in Law Review Submissions (January 9, 2018). Marquette Law Review, Vol. 101; Marquette Law School Legal Studies Paper No. 18-13. Available at SSRN: https://ssrn.com/abstract=3099081

Ryan M. Scoville (Contact Author)

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States
720-993-0197 (Phone)

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