If the Volokh Conspirators Were a Law Faculty:

Using Brian Leiter's methodology, counting those who post at least semi-regularly (me, Eugene, Paul, Orin, Randy, Dale, Todd, Jonathan, and Jim), and excluding, as Leiter does, the untenured (Sasha and Ilya), and David Kopel, who is not an academic by profession (though he still has an impressive citation count), we would have a mean "scholarly impact" count of 670 (median of 572), trailing only Yale, Harvard, Stanford, and tied with Chicago. Adding occassional contributors Stuart, Russell, and David P. would lead to very similar results. (Numbers updated to correct calculation errors).

UPDATE: I just noticed that Leiter is only counting citations through last September. Adjusting the Conspirator's citations would still easily place us in fifth place, behind Chicago.

Related Posts (on one page):

  1. What If the Untenured Volokh Conspirators Were a Law Faculty?
  2. If the Volokh Conspirators Were a Law Faculty:
Eric Muller (www):
Wow! Congrats!

(It leads one to wonder: If the Volokh Conspirators were the pitching staff of a major league baseball team, what would its ERA be?)
7.31.2008 9:46am
Eli Rabett (www):
There is a better way of ranking by citation called the h-index. If you have written N papers, the h index is the number of papers you have written such that h of your papers have at least h citations and N-h have at most h citation.

This quickly does away with someone who has lots of papers that no one cites, or one paper that is really heavily cited (the one you got tenure for) and then a lot of papers that are ignored. This has been instituted in Web of Science
7.31.2008 9:49am
Bruce McCullough (mail):
The teachers are already assembled online. All you need to do is round up some students.

So when can we expect the "Volokh Conspiracy Online School of Law" to open its doors (so to speak)?
7.31.2008 9:52am
Jason M.:
Volokh School of Law... I'd transfer there.
7.31.2008 9:56am
John Armstrong (mail) (www):
Is the (arithmetic) mean of "scholarly impact" really meaningful? There are a lot of statistics for which calculating the arithmetic mean shows nothing beyond what a clumsy grasp the calculator has of statistics. Batting averages, for one.
7.31.2008 9:58am
Eric Muller (www):
John Armstrong: the meaningfulness of the arithmetic mean of "scholarly impact" increases in direct proportion to the arithmetic mean of "scholarly impact" of the person doing the assessing.
7.31.2008 10:07am
grasmere10 (mail):
This suggests a whole new national obsession, that could totally monetize VC's eyeballs and perhaps create Internet 3.0, particularly in its Mobile iteration: Fantasy Law Schools.
7.31.2008 10:10am
Jim at FSU (mail):
I think a lot of people would want to attend a volokhconspiracy school of law.
7.31.2008 10:10am
DavidBernsten (mail):
Leiter himself has explained the problems with using citation counts as a proxy for scholarly quality.

First, there is the industrious drudge: the competent but uninspired scholar who simply churns out huge amounts of writing in his or her field. Citation practices of law reviews being what they are, the drudge quickly reaches the threshold level of visibility at which one is obliged to cite his or her work in the obligatory early footnotes of any article in that field. The work is neither particularly good, nor especially creative or groundbreaking, but it is there and everyone knows it is there and it must be duly acknowledged.

Second, there is the treatise writer, whose treatise is standardly cited because like the output of the drudge it is a recognized reference point in the literature. Unlike the drudge, the authors of leading treatises are generally very accomplished scholars, but with the devaluation of doctrinal work over the past twenty years, an outstanding treatise writer—with a few exceptions—is not necessarily highly regarded as a legal scholar.

Third, there is the “academic surfer,” who surfs the wave of the latest fad to sweep the legal academy, and thus piles up citations because law reviews, being creatures of fashion, give the fad extensive exposure. Any study counting citations, depending on when it is conducted, runs the risk of registering the "impact" of the fad in disproportion to its scholarly merit or long-term value or interest.

Fourth, there is work that is cited because it constitutes “the classic mistake”: some work is so wrong, or so bad, that everyone acknowledges it for that reason. The citation and organizational preferences of student-edited law reviews exacerbate this problem. Since the typical law-review article must first reinvent the wheel, by surveying what has come before, the classic mistake will earn an obligatory citation in article after article in a particular field, even though the point of the article may be to show how wrong the classic mistake is. True, some authors of classic mistakes may have excellent reputations; but who among us aspires to be best remembered for a "grand" mistake?

Fifth, citation tallies are skewed towards more senior faculty, so that faculties with lots of “bright young things” (as the Dean of one famous law school likes to call top young scholars) won’t fare as well, while faculties with once-productive dinosaurs will. On the other hand, by looking only at citations since 2000, we have reduced the distorting effect of this factor.

Sixth, citation studies are highly field-sensitive. Law reviews publish lots on constitutional law, and very little on tax. Scholars in the public law fields or who work in critical theory get lots of cites; scholars who work on trusts, comparative law, and general jurisprudence do not.
7.31.2008 10:18am
John Armstrong (mail) (www):
DavidBernsten (somehow I don't think you're our host misspelling his own name): The point I'm raising is completely separate from the point you're addressing. I'm saying that even if a citation count measure is meaningful, the arithmetic mean of such measures may be meaningless.

A batting average is a meaningful statistic in baseball, but the arithmetic mean of batting averages over a whole team is meaningless. You have to use different tools than those your grade-school math teacher told you about.
7.31.2008 10:29am
DavidBernstein (mail):
Actually, I did mispell my own name! Oops.

I know you were making a different point, I was just preempting the inevitable discussion of the other points.

I'm not claiming that the statistical methodology Leiter uses is "valid." however, unlike batting averages in baseball, citation counts for law faculty are actually more telling for an entire faculty than for an individual faculty member. Indeed, I'd prefer medians to means, and I'd at least be interested to know what happens when you cut off the tails on either (or both) end. It would be also interesting to see statistics for, say, the 30th percentile of faculties, to see which faculties have good average productivity but whose scholarly culture does or does not pervade the vast majority of the faculty.
7.31.2008 10:40am
John Doe (mail) (www):
I think you just found the single most enraging thing to say to Brian Leiter -- using his own ranking system to show that the Volokh Conspiracy does very well (Leiter hates, hates, hates the bloggers here).
7.31.2008 10:45am
Brian Mac:
Forget about citation counts - which of you has the highest comment-per-post ratio?
7.31.2008 10:57am
Eric Muller (www):
Can we just cut to the chase and figure out who has the biggest, uh, "citation count" (if you know what I mean)?
7.31.2008 11:10am
Hoosier:
David Bernstein: Your third case is the one that gives me pause. As our deans begin talking about "scholarly impact" in Arts and Letters disciplines, I cannot avoid the conclusion that we will really be talking about "trend" numbers.

I am a historian, and I can assure you that a mediocre work on environmental history will do better than a stronger work on political history.

If humanities scholarship becomes this mechanistic, I think I'll go back to collecting snakes for zoos.
7.31.2008 11:16am
Pon Raul (mail):
Volokh School of Law needs to happen. Maybe start as a summer program. I would love to get an LLM from the Volokh School of Law. If it happens, I will donate $$.
7.31.2008 11:17am
Joe Bingham (mail):
I'd invest.
7.31.2008 11:17am
Hoosier:
I hear that there will be a vacant law school complex in SE Michigan next summer, if we are looking for some buildings. (Not mentioning any names, of course.)
7.31.2008 11:27am
OrinKerr:
Wait, I thought this is the Volokh School of Law. The first year curriculum:

First Amendment (3 credits)
Second Amendment (9 credits)
Fourth Amendment (3 credits)
Supreme Court Seminar (3 credits)
Cool Stuff Found on the Web (3 credits)
7.31.2008 11:29am
DavidBernstein (mail):
Orin, funny!

But oddly enough,we could collectively cover a good part of the law school curriculum: criminal law and procedure, evidence, torts, trusts and estates, environmental law, con law, contracts, commercial law, bankruptcy, ad law, professional responsibility ...
7.31.2008 11:40am
DCTenor1:
All I know is I've learned a lot more from reading VC than from my days at Georgetown Law. As far as I'm concerned, I already have an unofficial Volokh Conspiracy LLM.
7.31.2008 11:47am
Bill Poser (mail) (www):


First Amendment (3 credits)
Second Amendment (9 credits)
Fourth Amendment (3 credits)
Supreme Court Seminar (3 credits)
Cool Stuff Found on the Web (3 credits)

I don't know. I think the glaring lack of Third Amendment scholarship is a real gap in the VC curriculum.
7.31.2008 11:51am
cathyf:
Hey, wait a minute, you missed:

Mining court documents for funny stuff

(Part of the Common Core curriculum around here!)
7.31.2008 11:53am
David Warner:
"Leiter hates, hates, hates the bloggers here."

I don't know, I've seen a couple things recently that suggest that he might be "growing in office" since his move to the big city...
7.31.2008 12:21pm
A.S.:
I'd prefer we keep the VC as a website instead of a law school. If it were a law school, most of us couldn't get in.
7.31.2008 12:32pm
Brian Mac:

"Leiter hates, hates, hates the bloggers here."

Dunno, he always seemed to have a bit of a soft spot for Prof Bernstein.
7.31.2008 12:33pm
Julian S. (mail):
Where's U.S. News &World Report when you need them?
7.31.2008 12:44pm
Julian S. (mail):
OK, now it's time to tally our LSATs, hire percentage after graduation, faculty-student ratio, average GPA (which leads to the pressing question - hard or soft curve?) and miscellaneous intangibles. How does one make law review? Does a comment count or do you have to actually have a post? :-)
7.31.2008 12:53pm
Roger Schlafly (www):
I think that you should make a offer to Barack Obama!
7.31.2008 12:57pm
Geest:

but with the devaluation of doctrinal work over the past twenty years, an outstanding treatise writer—with a few exceptions—is not necessarily highly regarded as a legal scholar.

This reflects more poorly on the legal academy than it does on treatise writers.
7.31.2008 2:08pm
Observer:
Was is Leiter being cited on an otherwise respectable blog?
7.31.2008 2:10pm
R:
How do you measure yourself against other law schools?

By height.
7.31.2008 2:18pm
gsmcneal (www):
Now if you guys could just get the deal Opinio Juris did, with a fancy new Oxford University Press styled webpage...
7.31.2008 5:09pm
swg:
That is pretty cool.

Makes me wonder (and maybe this has been explained before) - how you all got together in the first place.
7.31.2008 6:21pm
Joe Bingham (mail):
But wait! Isn't this just an example of how second-rate scholars take advantage of an availability cascade!?

http://yalelawjournal.org/2006/09/20/leiter.html
7.31.2008 7:16pm
CDR D (mail):
>>>As far as I'm concerned, I already have an unofficial Volokh Conspiracy LLM.

***

I'm getting too old to care about any "letters" or "credentials", but I'm glad for having found this site.

It is certainly interesting and educational.
7.31.2008 8:04pm
BRM:
You should add some dead weight to your mean score to make it more realistic. But still, that is impressive.
7.31.2008 11:13pm
Hoosier:
How do you measure yourself against other law schools?

By height.


Ooh, good!

You'll want to hire, me. Despite my lack of a JD and law review pubs. I work in an office of 22, and I am the tallest here. So I bet I'd do wonders for your rankings.

So down to business: Tell me about the dental plan.
8.1.2008 5:49pm