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By Dave Hoffman

Scholastica & Law Review Selection

As several commentators noted (most in private emails, because they are afraid of negative consequences in the submission market), a very disturbing aspect of Scholastica’s new submission process is that it appears to facilitate and encourage law reviews to use sexual orientation, race, and gender in selection decisions.  Josh Blackman has investigated, and written a very useful follow-up post which I hope you all will read.

My own view is that whatever the merits of law reviews giving “plus” points to authors are less prestigious schools, providing plus points on account of race, gender, and sexual orientation is a terrible, terrible idea, especially if the plus points are awarded in an opaque manner by a largely unsupervised student board at an instrumentality of the state. Scholastica [...]

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Against Scholastica

Like many of you, I’ve an article out in the Spring submission season. (More on that in a separate post later.) Let the agonizing begin! Seriously, where’s the thread?

This year, in addition to ExpressO, email, website submission, Redyip, and printed copies, we’ve a new way to deliver our articles to their ultimate masters: Scholastica. You may have learned about Scholastica when your favorite law review wrote you to inform you that they were exclusively taking submissions through that system, or when your associate dean told you that the institution would prefer not to pay pay more per submission than ExpressO for a substantially similar service.

Here are some key things you might not know:

As far as I can tell only two of the top fifty journals – [...]

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Pick up the Phone!

From Redstone Federal Credit Union’s credit card agreement:

“Collection. If your Account should become past due, or otherwise in default, you will accept telephone calls from us regarding collection of your Account. You understand that the calls may be automatically dialed and a recorded message may be played. You agree that such calls shall not be “unsolicited” calls for the purpose of state or federal law.”

Translation: screening us is breach of contract!

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The Good Life and Gun Control

Like many of you, I’ve been horrified by the events in Newtown, and dismayed by the debate that has followed.  Josh Marshall (at TPM) thinks that “this is quickly veering from the merely stupid to a pretty ugly kind of victim-blaming.”  Naive realism, meet thy kettle!  Contrary to what you’ll see on various liberal outlets, the NRA didn’t cause Adam Lanza to kill innocent children and adults, nor did Alan Gura or the army of academics who helped to build the case for an individual right to gun ownership.  Reading discussions on the web, you might come to believe that we don’t all share the goal of a society where the moral order is preserved, and where our children can be put on the bus [...]

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Unrepresentative Turkers?

Like many others, I’ve been using Amazon Mechanical Turk to recruit subjects for law & psychology experiments.  Turk is (i) cheap; (ii) fast; (iii) easy to use; and (iv) not controlled by the psychology department’s guardians.  Better yet, the literature to date has found that Turkers are more representative of the general population than you’d expect — and certainly better than college undergrads! Unfortunately, this post at the Monkey Cage provides a data point in the contrary direction:

“On Election Day, we asked 565 Amazon Mechanical Turk (MTurk) workers to take a brief survey on vote choice, ideology and demographics.  . . . We compare MTurk workers on Election Day to actual election results and exit polling.  The survey paid $0.05 and had seven questions:  gender, [...]

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