Independent Law Journal: A New Publication Aims to Defeat Groupthink and Improve Publishing in Legal Academia
Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].
Legal academia is unique among academic fields in that publishing is largely controlled by graduate students through the law review system. While this saves faculty time, it also means student editors evaluate scholarship on topics they barely know. The result is a system that struggles to recognize good scholarship and penalizes pieces that differ from the current academic ideological mainstream.
To help foster high-quality publishing and free and robust debate in legal academia, many law professors from top schools (including many Federalist Society members) are working together to start a new publication—the Independent Law Journal. All articles published in the Journal will be peer-approved by a faculty board, but student staff will still handle most of the Journal’s operations and will collaborate with faculty in initial article selection. The Journal’s mission statement is as follows:
The Independent Law Journal (ILJ) is a forum for independent-minded law professors, students, and professionals to publish scholarly articles, including pieces that conflict with current academic mainstream thought. The Journal is committed to free speech, freedom from ideological discrimination, and fostering robust scholarly debate across a wide range of viewpoints. In keeping with this mission, the Journal is overseen by a board of distinguished and ideologically varied legal scholars. It is staffed by independent-minded law students drawn from America’s top law schools and selected for their academic excellence. As a nationwide scholar-led, peer-approved, and student-staffed journal, the Independent Law Journal brings together current and future legal experts to publish groundbreaking ideas. The Journal aims to provide a space for conversation across the ideological spectrum. It believes that progress is often made through disagreement and that truth often emerges from debate.
The ILJ is a non-partisan journal committed to publishing equally from left, right, and center. Nobody benefits from groupthink, and the Journal will work hard to prevent itself from becoming an echo chamber.
We are currently enlisting public supporters for the ILJ to give it maximum credibility and reach in legal academia. We are encouraged by the support we have received so far from many prominent legal scholars who span the ideological spectrum. If you are a law professor, legal scholar, or judge who supports the ILJ’s mission, we would love to list you as a public supporter (the time commitment is zero). And even if you don’t fall into one of those categories, we still value your support and hope you will spread the word about the ILJ and keep it in mind if you are ever publishing a piece of legal scholarship. I am the primary faculty contact for supporters, and I can be reached at [email protected].
You can find more details about how the ILJ will operate on our (developing) website here. Support, suggestions, and constructive criticism are all welcome. If you value high-quality scholarship, appreciate free and robust debate, or think the law review system needs improvement in other ways, we hope you will join us in making this new journal a success.
Colin S. Diver Professor of Law, University of Pennsylvania Law School
Paul Robinson is one of the world’s leading criminal law scholars. A prolific writer and lecturer, Robinson has published 20 books and more than 150 scholarly articles in virtually all of the top law reviews, lectured in more than 100 cities in 34 states and 27 countries, and had his writings appear in 15 languages.
He is a former federal prosecutor and counsel for the US Senate Subcommittee on Criminal Laws and Procedures and was one of the original Commissioners of the United States Sentencing Commission. He has published 20 books, including the standard lawyer’s reference on criminal law defenses, three Oxford monographs on criminal law theory, a highly regarded criminal law treatise, and an innovative case studies course book.
A member of the American Law Institute, Robinson is the co-founder and Chairman of the Faculty Board of the Independent Law Journal. He was also the lead editor of Criminal Law Conversations (Oxford), with contributions from more than 100 scholars around the world, and the author of Confronting Failures of Justice: Getting Away with Murder and Rape (Rowman & Littlefield), Intuitions of Justice and the Utility of Desert (Oxford); Mapping American Criminal Law (Praeger, also in Chinese); Distributive Principles of Criminal Law (Oxford, also in Spanish and Chinese); and Structure and Function in Criminal Law (Oxford, Clarendon, also in Chinese). Robinson directed three criminal code reform projects in the U.S. and several overseas, including two modern Islamic penal codes projects under the auspices of the U.N. Development Programme. He also writes popular books for general audiences, such as Would You Convict? (NYU), Law Without Justice (Oxford), Crimes That Changed Our World (Rowman & Littlefield), Shadow Vigilantes (Prometheus), and American Criminal Law (Routledge).