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80 Cornell L. Rev. 529 (1994-1995)
Manuscript Selection Anti-Manifesto

handle is hein.journals/clqv80 and id is 573 raw text is: MANUSCRIPT SELECTION ANTI-MANIFESTO Carl Tobiast INTRODUCrION An Author's Manifesto (Manifesto) constructively criticizes the amaz- ingly arcane process of law review publication and affords salient sug- gestions for its improvement.1 The essay treats two aspects of this process-the selection of manuscripts and the editing of articles- which sustain that venerable institution: student-edited law journals. Manifesto regales readers with many terrible tales of travesties which involve article editing but recounts comparatively few sordid stories that implicate manuscript selection. Because more, and more outra- geous, abuses attend the wild and wonderful process of choosing arti- cles, this piece focuses on manuscript selection-principally through the lens of my experiences and those of numerous colleagues, friends, and acquaintances. That effort has as much redeeming social value as, and is considerably more fun than, the empirical study of the pub- lication process which Professors Gordon and Lindgren propose. I also have different perspectives than those two professors, as I teach at a law school that U.S. News and World Report recently ranked in the fourth quintile.2 t Professor of Law, University of Montana. I wish to thank Mary Becker, Derrick Bell, Paul Brest, Guido Galabresi, Richard Delgado, Frank Easterbrook, Marc Galanter, Richard Posner, Cass Sunstein, Laurence Tribe, and Patricia Williams. The stars in this note are meant to impress you with the luminaries whom I know and to reassure you that brilliant critics have analyzed this piece. Although everyone listed would certainly have afforded trenchant suggestions, none of them has actually read it. SeeArthur D. Austin, The Custom of Vetting as a Substitute for Peer Review, 32 Amz. L. REv. 1 (1990). I also want to thank several individuals who did read the Article. These include Jim Lindgren, who wrote the essay to which I respond. See infra note 1 and accompanying text. Moreover, I thank Beth Brennan and Peggy Sanner-who correctly thought that my Arti- cle was sufficiently universal to warrant circulating copies tojournals other than the Univer- sity of Chicago Law Review, which published Professor Lindgren's essay-as well as those law reviews that offered to publish the manuscript. Furthermore, I thank Rod Smith and Barn Burke for their strong support of my scholarship, even though Barn expressed reservations about my choice of topic. I thank as well Cecelia Palmer and Charlotte Wilmerton for processing this piece, and the Harris Trust for generous, continuing support. Errors that remain are mine. I SeeJames Lindgren, An Author's Manifesto, 61 U. CHI. L. REv. 527 (1994). Professor WendyJ. Gordon penned a response titled Counter-Manifesto: Student-Edited Reviews and the Intellectual Properties of Scholarship. See id. at 541. The Articles Editors contributed A Re- sponse- See id. at 553. 2 See A Long Shot, At Best U.S. NEws & WoRLD REPORT, Mar. 21, 1994, at 72, 74. I always write for the elite law reviews, even if those journals evince little appreciation of this fact by printing my work. The enclosed curriculum vitae is meant to assuage any concerns

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