April 11, 2019
Mark Lemley (Stanford) kindly shared this quite amusing open letter:
Please Reject Me
An Open Letter to the Harvard Law Review
The Harvard Law Review has rejected my articles in the past. A lot. Indeed, they may have rejected me more than anyone else in the legal academy. I’m 0 for 140 or so at Harvard.
Several years ago, though, they stopped rejecting me. I’m not saying they accepted my papers. They haven’t, and probably they never will.
No, what I mean is that they just stopped responding at all. Oh, I get automated notices acknowledging that I’ve submitted a paper, vaguely hinting that they might read it. And I get acknowledgements when I expedite my article after getting an offer elsewhere. But it’s been at least seven years since I’ve gotten even an automated rejection, much less contact from a human being.
Every law professor knows the automated rejection form. There are the nice ones, assuring me that they really liked my paper and just “couldn’t come to consensus.” There is the everpresent “we have carefully considered your paper, but we get so many good submissions that we couldn’t take yours.” There is the more dispassionate “unfortunately we can’t publish your paper.” But from Harvard? Nothing.
And they’re not alone. In the last couple of years more top reviews have been ignoring papers altogether rather than giving us the bad news.
As an author, this sucks. Would I like you to accept my paper? Sure I would. But even more than that, I’d just like to know. Did you read it and decide it wasn’t good? Did you just not get to it in time? Did you take a look at the title, realize it’s about patent law, and read no further? [As far as I can tell the Harvard Law Review has never in its history published a patent law article. Certainly it hasn’t done so in the 31 years I’ve been in law]. Fine. I’m a big boy; I can take it. Just tell me, please.
Yes, I know you’re busy. But you’ve already got an automated system; it can’t be that much more work to generate an automated email telling me what I already suspected.
For starters, it would be the polite thing to do. [Think how you’d feel if authors didn’t withdraw their papers when they’d accepted offers elsewhere].
But you’re not just being rude to me. You’re being rude to every other law review editor in the country. We law professors have all submitted our papers to you, and we all harbor the secret hope that maybe this time you’ll publish our paper. And so we lobby for the longest possible expedite window and wait until the last possible moment to accept our offers, because we haven’t yet heard back from you, and maybe, just maybe, that’s because you’re furiously discussing whether to accept it before the deadline. You’re not. Of course you’re not. But hope springs eternal. Thus does your unwillingness to reject us gum up the works for everyone else, slowing acceptances and making it harder for reviews to find authors.
So please, Harvard Law Review, reject me. Save the ghosting for parties.
Mark A. Lemley
William H. Neukom Professor, Stanford Law School
Director, Stanford Program in Law, Science, and Technology
Senior Fellow, Stanford Institute for Economic Policy Research
Affiliated Professor, Stanford Symbolic Systems Program
partner, Durie Tangri LLP
co-founder, Lex Machina Inc.
January 04, 2019
July 15, 2018
July 10, 2018
May 26, 2018
Extremely conservative Stanford graduate complains that there aren’t enough extreme conservatives on campus (Michael Simkovic)
Few would consider Stanford University left-wing.
Stanford University hosts the controversial, conservative Hoover Institution. Stanford has raised more than $40 million from conservative donors. Stanford is a major military contractor. Stanford’s last acting president (and long-time provost) argued for affirmative action in hiring in favor of conservative faculty, deploying barely coded, neo-McCarthyist phrases like “the threat from within” to describe liberals on campus. One very prominent Hoover Institution faculty member took the suggestion to heart, asking students affiliated with the College Republicans and Turning Point USA (which maintains "watchlists" of liberal faculty) to help him dig up dirt on a 20 year old Stanford student who the Professor thought was too liberal. (The Professor wanted help "grinding [leftists] down" and wished to "intimidate them.") (See also here, here, here, and here).
Some conservatives want more.
A recent Stanford law graduate and self-described “hard man,” Martin J. Salvucci, writing in the National Review, recently compared Stanford to Czechoslovakia under Soviet domination. Czechoslovakia was invaded by 650,000 heavily armed soldiers from the Soviet Union and other Warsaw pact states in 1968 when Czechoslovakia sought to become Social Democratic rather than Communist (i.e., leftist, but not authoritarian).
The Stanford graduate—who recently worked at Skadden and Klee Tuchin—explains that from his perspective, attending Stanford entailed a level of suffering just like living in a totalitarian satellite state, except that he has “nicer stuff.”
The problem, apparently, is that there are not enough committed right wing ideologues on campus:
"An almost unspoken agreement seems to exist among many students that all of us will soon be fabulously successful, so long as everyone remains a “team player” and nobody rocks the boat too earnestly. Political, moral, and religious convictions are, for the most part, accessories best deployed for instrumental purposes, rather than values to be espoused or explored for their own sake."
If this description is accurate, then it sounds like Stanford law students are well prepared for the restraint and decorum that will be expected of them at the elite law firms, banks, and corporations where many of them aspire to work.
The recent graduate also complains that the Dean of Stanford, M. Elizabeth Magill, has not endorsed his view that there should be an increase in official efforts to promote conservative views on campus. Because of this, he accuses her of being a “gutless bureaucrat.”
Mr. Salvucci’s views highlight that ideology is a matter of perspective. For those who are sufficiently extreme, even a conservative, corporate institution in Silicon Valley, like Stanford, can seem as oppressive as life under Soviet rule.
Given the timing of Mr. Salvucci’s post—after graduation but before admission to the bar—Mr. Salvucci may be attempting to set up a test case to challenge California’s Bar’s character and fitness requirement, which mandates “fairness . . . and respect . . .”
I doubt that the bar will take the bait.
But Mr. Salvucci’s classmates and colleagues may enjoy ribbing him about this for years to come.
 Hoover is a think tank which selects and funds its research fellows based on their ideology and political experience. This is routine in the think tank world, but is widely condemned within academic institutions, which are supposed to select scholars based solely on the merits, regardless of politics.
 The Stanford professor rationalizes these activities by arguing that he was concerned about efforts to schedule counter-programming to compete with controversial political scientist Charles Murray's talk, which resulted in the talk being lightly attended. He goes on to argue that he was defending "free speech"--which to him apparently means shielding conservative speakers from competition for students' attention.
UPDATED 7/2/2018 to include Hoover faculty member Niall Ferguson's efforts to dig up opposition research on liberal students.
May 26, 2018 in Guest Blogger: Michael Simkovic, Law in Cyberspace, Legal Humor, Legal Profession, Ludicrous Hyperbole Watch, Of Academic Interest, Professional Advice, Student Advice, Weblogs | Permalink
April 01, 2018
As usual, Larry Solum (Georgetown) has a funny April Fool's joke entry. (I'm not sure this gag will be as successful as the one from 2010, which led to people, especially students, asking me for the article Larry described for years afterwards!)
UPDATE: And in the spirit of the day, several readers call my attention to this amusing piece by Columbia's David Pozen.
March 27, 2018
March 15, 2018
February 02, 2018
January 08, 2018
The top 11 "most downloaded" law authors in the last 12 months are eleven tax professors who co-authored two papers on the recent tax overhaul, which garnered a prominent mention in The New York Times, leading to more than 70,000 downloads in the last month. For 10 of these 11 tax professors, these two NYT-plugged papers constitute 95% or more of all their downloads. The traditional #1 in downloads among law professors, Cass Sunstein, is now a mere 12th! This has happened before with SSRN, but usually involving one author (e.g., Christopher Fairman, or Daniel Solove). Farewell to SSRN downloads as a metric of any interest for at least a year!