Wednesday, January 5, 2022
Being a conservative can make it a little harder to get one's articles published in a traditional law review. And if one is writing about race or sex, it can be quite a bit harder. (I don't even try; I go straight for the specialty law reviews that were founded in part for the purpose of ensuring that articles by conservative scholars get published.)
I was therefore pleased to learn that my colleague Larry Alexander—one of the University of San Diego's Warren Distinguished Professors of Law—had been invited to write for the Emory Law Journal and that Larry had chosen to write on a race-related theme.
But it was not to be. After offering to publish Larry's essay (which was for a Festschrift for Professor Michael Perry) and then trying to edit away the meat of his argument, the ELJ has now withdrawn its acceptance. Editor-in-Chief Danielle Kerker sent an ultimatum to Larry: Either "greatly revise" the essay or the ELJ will have to "withdraw our publication offer." Larry understood how destructive to academic values it would be to cower under such pressure. He declined to revise the article. Good for him.