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Legal Commentary

: Prawfs

Just Wondering

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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What would your reaction be if you found out that some law professor had written and published two articles at the same time taking diametrically opposed positions on the same question or issue or set of problems?  In other words, to take a rather simple example, say a prawf decided to write one article all about how the Endangered Species Act was unconstitutional as applied to small populations of animals within a single state under the Commerce Clause and a second article about how the Act was completely constitutional under the Commerce Clause when applied to similar populations of animals.  Then he or she sent the articles off to different sets of law reviews and accepted publication offers for both of the articles.  The articles then came out at roughly the same time.  The articles made no reference to each other.  Would you think the author had acted unethically?  Would you think less of the author?  The arguments?  Why or why not?  (note: I don't plan on doing this myself, but I am thinking about having a character in a piece of fiction do it, and I just wonder what people in the academy and elsewhere would say about it).

On an entirely different note, I have a piece up at the Beacon Press blog Beacon Broadside about how I hate it when people send holiday cards with pictures of their kids on them but no pictures of themselves.  The original title was: I Know Your Kids are Cute, But What Do You Look Like?

Full post as published by Prawfs on December 22, 2008 (boomark / email).

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