I had noticed earlier that one of the pieces on Hofstra Law Review new Ideas page is a short article by Jonathan Macey on the August 2005 opinion in the Disney derivative litigation. (Remember the Conglomerate Disney Forum?) The article, Delaware: Home of the Most Expensive Raincoat, uses the Disney opinion to opine on the dominance of Delaware corporate law and public choice theory. (Tip: Matt Bodie). Coincidentally, my BA class is reading the Disney opinion for discussion tomorrow.
The posting of this article on the Ideas page is a great example of how the Internet can revolutionize legal scholarship. The opinion was released on August 9, 2005. In the normal course of events, an eager scholar could begin an article on that opinion in Fall 2005 and send it out in March 2006. (Prof. Macey could probably send it to someone mid-cycle, but the average law prof seems to send out in one of two windows.) In a best case scenario, a law review would accept it in Spring 2006 for publication at the earliest of Fall/Winter 2006, over a year after the date of decision. Through the magic of the Internet, the article has appeared mere three months after the decision. Of course, ssrn also creates the same possibility, but not with the signalling ability of a law review-sponsored website. And, of course, the Disney Forum allowed for opinions to be given almost simultaneously in a more interactive, but less formal, environment.
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1. Posted by Peter Siroka on November 9, 2005 @ 20:41 | Permalink
Just a few quick notes -- while our "Ideas" section is available on the internet, the "Idea" itself is treated just like an article. As such:
1) It appears in print, and has a full citation like any other article. (Prof. Macey's article is properly cited as 33 Hofstra L. Rev. 1131).
2) While "Ideas" will typically appear on the internet 1-2 weeks before publication, "Ideas" are also available via LEXIS and Westlaw as well (not to mention in your local law library).
3) "Ideas" are given the same treatment as articles. They are sourcegathered, cite-checked, etc. And because of their brevity, we are able to accept "Ideas" only a month before publication of an issue, allowing for "Ideas" to get in print rather quickly, although certainly not as instantaneously as a blog posting.
We are, of course, eager to use the internet to spread these "Ideas" amongst the widest possible audience. However, this section is not merely a "Law Review Blog" (as Yale's Pocket Part seems to be).
Thanks for reading the new section of the Hofstra Law Review, and for exposing your readers to it.
Best,
Peter B. Siroka
Managing Editor of Articles, Vol. 34
Hofstra Law Review
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