Editor's Corner: Are Law Reviews Peer‐Reviewed?

AuthorSandra K. Miller
Date01 September 2008
DOIhttp://doi.org/10.1111/j.1744-1714.2008.00060.x
Published date01 September 2008
Editor’s Corner: Are Law Reviews Peer-Reviewed?
Professors who teach law in business schools are frequently placed on the de-
fensive by their colleagues in the business school and the law school. ‘‘Aren’tlaw
reviews student-edited? ’’ ask our counterparts who teach finance or manage-
ment. ‘‘The J.D. isn’t a real Ph.D. is it?’’ they ask. Meanwhile, professors in law
school are mystified by what we teach in business school. ‘‘Do you ever assign
actual cases to read?’’ they wonder. So, what is it that we do? We teach law. We
analyze legal policy.Most importantly, we are the players who balance the needs
of business with the need to maintain laws that will prevent injustice and abuse.
This sounds pretty important to me. We are reminded of the true value of the
legal regulation of business when we consider the failures: the tainted tooth-
paste, the lead in children’s toys, the bridges that collapse as contractors skimp
on building materials, the building code violations that erupt into infernos, the
minority shareholder who unwittingly sells to the majority for a modest price
on the eve of a clandestine merger paying billions. We usually do not write
articles that include long rows of numbers (although increasingly we do engage
in empirical research). Most of us do not teach in law schools. However,
we wage important battles against selfishness and greed, unfairness and
exploitation. The authors of the articles contained in this volume continue
the struggle.
On the surface, the articles appearing in Volume 45:3 have little in
common. They deal with such diverse subjects as the Children’s Online
Privacy Protection Act, the availability of the equitable defense of clean
hands, mixed-motive disparate treatment law, and export control regula-
tions. What do these articles have in common? In the broadest sense, the
authors of these articles attempt to promote justice and/or freedom of ac-
tion in the business sphere. At the same time, each writer works toward the
development of legal restrictions that will foster the accountability of busi-
ness and prevent the abuse of the individual.
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