Law Review Article Length -- Real Changes?:
A few months ago, a bunch of the top law reviews announced a change in their submission policies that introduced a preference for shorter articles. There was lots of commentary about the new policies both here and elsewhere. Now that the spring law review season is winding down, I'm wondering if the new policies made any difference. Did authors submit shorter pieces? Did the editors actually prefer shorter pieces, or did the change in policy exist only on paper?
We'll get an idea of the answer in a year or two, when the new articles come out and readers can see whether they are on average shorter than the articles in recent years. We'll also know in a year or two whether journals beyond the initial group adopted the same or similar preferences. In the meantime, I thought it might be helpful to get a jump on that by asking for reader feedback. If you either submitted an article to a law journal this spring or were an editor at a law journal, please consider posting a comment below.
Authors, please begin your comment with "AUTHOR:", and then say whether you shortened your submission in response to the new policies. Editors, please begin your comment with "EDITOR:", and then fill us in on whether editors at your journal were attentive to article length and whether you think your journal preferred shorter-than-average pieces. (Also, please include whether your journal was one of the journals that signed on to the change in submission policies.)
Thanks to everyone for participating. The results are obviously going to be impressionistic at best, but I think it's better than nothing.
We'll get an idea of the answer in a year or two, when the new articles come out and readers can see whether they are on average shorter than the articles in recent years. We'll also know in a year or two whether journals beyond the initial group adopted the same or similar preferences. In the meantime, I thought it might be helpful to get a jump on that by asking for reader feedback. If you either submitted an article to a law journal this spring or were an editor at a law journal, please consider posting a comment below.
Authors, please begin your comment with "AUTHOR:", and then say whether you shortened your submission in response to the new policies. Editors, please begin your comment with "EDITOR:", and then fill us in on whether editors at your journal were attentive to article length and whether you think your journal preferred shorter-than-average pieces. (Also, please include whether your journal was one of the journals that signed on to the change in submission policies.)
Thanks to everyone for participating. The results are obviously going to be impressionistic at best, but I think it's better than nothing.
All Related Posts (on one page) | Some Related Posts:
- Blogs and Legal Scholarship:
- Harvard Law Review Forum:
- Are Law Review Articles Getting Shorter,...
- All-Raich Super-Blog and the Future of Law Reviews:
- Law Review Article Length -- Real Changes?:
- Will Blogs Kill the Law Review Case Comment? ...
- The Future of Legal Scholarship?:
- New Harvard Law Review Policy on Article Length:
- Progress on the Length of Law Review Articles?:
We also made at least one request that an article be shortened (an appendix ended up being removed to bring the length down). Some articles felt like they needed to go beyond the suggested length, and we did not contemplate shortening those, but for the most part we wanted to stick to the limits.
The way I think of the new policy is that many (probably most) articles submitted to law reviews can easily summarize the background and make their argument within the given parameters. However, many of the authors who could submit excellent shorter pieces feel the need to draw the piece out to make it seem more substantial. The reality is that there are great topics that can be handled in a small piece (we are publishing one that is only 25 pages), but those great topics become mind-numbing and repetitive when they are drawn out. The guidelines are not hard and fast because there are some articles that simply cannot be written in less than 100 or more pages. The topic could be incredibly broad, or the case law might be extremely complex and/or unknown.
I voted in favor of the the policy when I was on the ad board, but when the new committee took over, I warned them about it. I explained that my hope was in the future most professors would write tighter, more concise (and less sprawling) articles. My fear was that, at least in the first year or two, many professors would simply cut footnotes and support in order to fit under the word count. This is perfectly understandable: I too believe that footnoting has gotten out of control, and I had many fights with my MEs over whether more support was needed (ie, do I really have to footnote Erie when it is just mentioned in passing). However, I also think that in many articles, in addition to fewer footnotes, there could be a corresponding reduction in above-the-line text. However, as someone who has done a lot of writing over his academic career, I believe it is much easier to write a lot rather than a tightly argued paper. Where this new policy could fail is that professors continue to try to write articles that are still sprawling, just with less support, which should not be the goal.
Of course, maybe my fears are unfounded. So, I guess I would be interested in hearing how professors addressed the new policy. Did they simply look to cut as many footnotes as possible while leaving the above the line intact, or did it require a whole reworking of the article? Do professors believe this policy could actually force authors to become better writers, or will there be continued resistance to it?
We have tended to publish shorter articles, primarily because the average length of submitted articles are shorter. I had reservations about the joint statement when it was issued, and I think the early data seems to bear out my concerns. There's no question that a tightly written, shorter article is better than a version of the same article that is more verbose and contains unnecessary information. The former is easier to read, and lets us publish more articles per volume. However, I don't think the policy creates tightly written articles:
First, we get a lot of submissions that are just a handful of words under the limit. If an author struggled hard to get 8 words under the limit, I suspect a lot he or she is going to add that information back in during editing.
Second, authors don't seem to be streamlining their pieces. They are cutting solely for the sake of shortness. One very good author submitted two versions of an article. One proposed his new theory. The other both proposed the new theory and applied it. I'm not sure why we would have refused to publish a well-written application of his theory solely in the name of length. The goal of the policy is tighter pieces, not redacting scholarship.
Third, the policy still doesn't address the role law review editors have in making articles longer. I'd be interested to see whether law reviews with reputations for insisting on parenthetical for nearly every footnote, definitions of even basic terms, etc. start backing off of these demands.
I figured that I had worked long enough on my article, and I was not going to trim it to about ½ its size to accommodate a few 3Ls who would judge it based on who I am (or am not). Sure enough, it got picked up by a 4th tier, which is probably better than having to discard quite a bit of original research.
I had a shorter article get picked up by a 1st tier. It wasn’t as good, but law students can’t tell the difference.