Author: James Tierney

At the end of my last post I alluded to preemption as an obstacle to receiving an offer. Many times authors will be able to determine for themselves whether their article is novel or whether someone else had the same idea in 1986. Other times information about possibly preempting articles is more asymmetrical. My impression is that there are a...

In earlier posts I’ve talked about some of the gatekeeping points in the submissions process, although I’ve largely described them from a procedural angle. Today’s post deals with the substantive angle. Take the cursory review stage, when editors might sort incoming submissions into reject and consider further piles. Each journal and each editor will have their own policies (and thus...

Often used to model legislative politics, positive political theory (PPT) has core insights that can be applied to the journal submissions process as well. There are important differences between the legislative and editorial processes. Like legislative action, however, editors' deliberations and voting on submissions are a process of aggregating preferences within the constraints of voting rules and other institutional features....

Thanks to Roger and everyone at Opinio Juris for giving me this opportunity to pen some thoughts about law journal submissions. I hope to provide an inside look at how the sausage is made—and in so doing, shed light on some trends evident from our side that might be less apparent from your side. Because journals treat submissions practices like...