The Ethics of Baiting and Switching in Law Review Submissions
7 Pages Posted: 10 Jan 2018 Last revised: 16 Feb 2018
Date Written: January 9, 2018
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
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