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39 Alta. L. Rev. 678 (2001-2002)
The Role of Student-Run Journals in Opening North American Law

handle is hein.journals/alblr39 and id is 688 raw text is: THE ROLE OF STUDENT-RUN JOURNALS
IN OPENING NORTH AMERICAN LAW
FRANCES OLSEN*
After listening to some of my colleagues here today, I realize that my presentation is quite
in support of student-run law reviews. I should perhaps even call it a panegyric on the
student-run law review.
The student-run law review is an institution little known outside of North America. One
could say with some justification that the institution began almost by accident. It has persisted
largely unchallenged. Why has there been so little serious or significant questioning of the
student-run journals?
A large number of law professors served on student-run journals, and for many, if not most
of them, doing so was a positive, in some cases formative, experience. Thus the same people
who would be the most likely or in the best position to bring about a change are emotionally
unlikely to want to disrupt or damage the institution of the student-run law review.
On the other hand, some of these nostalgically supportive professors become quite annoyed
when the journals reject an article by them or edit it in a manner not to their liking. Some
grudging or hidebound professors even become annoyed when the journals accept articles they
themselves dislike or articles written by perceived opponents or enemies. Many middle-aged
or older professors romanticize their own law review experiences and may grouch that
standards have fallen.
Thus the institution of the student-run law review is strong and largely unchallenged. Yet,
it is also frequently criticized, as it has been at this symposium today. Actually, I do not
strongly disagree with many or most of the criticisms recited this afternoon. Rather, I would
maintain that similar or more significant criticisms would apply to any other system that we
might adopt for producing legal periodicals, and I consider the criticisms of student-run law
journals greatly outweighed by the advantages.
As critics charge, much of what student-run journals publish is conventional, irrelevant, and
over-footnoted. Rank beginners are solely responsible for what is printed, generally without
peer review of any kind. The closest approximation of peer review is the somewhat random
practice of student editors seeking advice from their friendly professors.' Traditions of seeking
such advice vary from school to school and from one set of editors to another. At best, the
practice is haphazard. At worst, it can lead to systematically poor advice. The professors giving
advice are chosen more randomly than through actual peer-review processes, and they are not
accountable in the same way for the opinions they give. I would worry that some small-minded
professors might through casual, disparaging comments or dismissive assertions discourage the
publication of a meritorious article whose thesis or author they opposed. These same
professors, if they were called upon to write a more formal peer review, might be unable to
Professor of Law, University of California at Los Angeles.
In a speech at the Indiana Law Journal banquet, Professor Ronold D. Rotunda advised the student
editors to seek the advice of their professors regarding which articles and student notes to publish,
assuring them that they could seek advice without jeopardizing their own valued independence. See
R.D. Rotunda, Law Reviews-The Extreme Centrist Position (1986) 62 Ind. L.J. I at 9.

ALBERTA LAW REVIEW

VOL. 39(3) 2001

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