Friday, March 21, 2008
Posted by Jeff Lipshaw
As I continue to get rejections from law review articles editors based on the expedite request I sent out with a deadline date two weeks ago, and having since accepted a publication offer, I have been going through a little thought experiment (read: fantasy) about how to deal with a tardy offer coming from, say, a "top fifteen" law review.
Would you abide by your commitment to the first one?
I can imagine this conversation:
Professor: "Hello, EAE from East of the Rockies Land Grant University Law Review."
Professor: "A funny thing happened on the way to class today."
Professor: "You know that piece of mine you accepted three weeks ago?"
Professor: "I just got an offer from the Founded in the Eighteenth Century East Coast University Law Review."
Now here we have a divergence:
(A): Professor Shavell and Kaplow Disciple: "The utility I will gain from disavowing my acceptance far exceeds the cost to you. This is an efficient breach. See ya."
(B) Professor Fried Discipline: "I am morally bound to my promise to you. I just wanted to let you know while I weep quietly."
(C) Professors Fuller and Perdue Disciple: "Have you started cite-checking yet?"
(D) Professor Lipshaw: "I am legally and morally bound to you. Would you, however, release me from the obligation? What can I offer you for the release?"
Tune in later for my views on another (from my perspective) fantasy: the curse of the "top five" law review "short decision window" strategy. To paraphrase Tevye: "May the Lord smite me with it, and may I never recover."