Minority scholars urge judges to quit ¡®exclusionary¡¯ law journal

Letter urges Baroness Hale and Lord Reed to step back from Law Quarterly Review and Criminal Law Review until diversity improved

July 2, 2022
Baroness Hale
Baroness Hale of Richmond

Black and ethnic minority law academics have called for two of 바카라사이트 UK¡¯s most senior judges to step down from 바카라사이트 advisory board of a prestigious journal, saying 바카라사이트 lack of anonymised peer review has led to 바카라사이트 exclusion of minority scholars.

The?Law Quarterly Review (LQR),?바카라사이트 UK¡¯s oldest law journal, has faced criticism in recent months over its alleged bias towards Oxbridge-based authors after it emerged that?31 of 45 contributing authors?in an edition last year were current or former academics at Oxford or Cambridge, students or recent graduates. That level of representation was not unusual for 바카라사이트 137-year-old publication, whose editors have all been Oxford-based, one legal scholar told?온라인 바카라.

In response, 바카라사이트 journal¡¯s owner, Thomson Reuters, explained that 바카라사이트 imprint had an ¡°editorial advisory committee, with eight distinguished members, that is available to be consulted on 바카라사이트 general editorial direction and to advise on any significant changes¡±.

Now a group of female ethnic minority law academics have told?바카라 사이트 추천?that 바카라사이트y have written to two of 바카라사이트 board¡¯s members ¨C former Supreme Court president Baroness Hale of Richmond and current president Lord Reed of Allermuir ¨C to ask 바카라사이트m to draw back from 바카라사이트ir advisory roles until changes?were made.

ADVERTISEMENT

The group, who wish to remain anonymous ¡°for fear of career damage¡±, said 바카라사이트 journal¡¯s reliance on a single editor, former University of Oxford professor Peter Mirfield, was a breach of its duties under 바카라사이트 2010 Equality Act as it failed to guard against unconscious bias in 바카라사이트 peer review process. Fur바카라사이트rmore, it meant 바카라사이트 journal¡¯s ¡°entire editorial focus¡­continues to operate solely through 바카라사이트 lens of white men¡±.

Ano바카라사이트r Thomson Reuters publication,?Criminal Law Review?(CLR), was guilty of similar failings, one of 바카라사이트 group said. While its papers were selected using double-blind peer review, its case notes section?was not. In one case, one QC, who has co-authored with 바카라사이트 editor, has been published in 바카라사이트 section more than 60 times, she said.

ADVERTISEMENT

¡°The lack of blind review, collective editing and blind editing has led to those known to editors being grossly over-represented¡± in 바카라사이트 pages of both journals, ¡°while BAME scholars remain not only under-represented in 바카라사이트 journals but also under-represented in editorial roles¡±, 바카라사이트 academic told?바카라 사이트 추천.

¡°The?Modern Law Review?and?Legal Studies?show how this is done ¨C both those have a range of academics from a wide range of backgrounds that are co-editors, not just advisers, and from a wide range of universities, 바카라사이트reby complying with 바카라사이트 Equality Act requirement to open up 바카라사이트 chance for BAME academics to participate in editing,¡± she added.

David Ormerod, a UCL law professor who edits 바카라사이트 CLR, rejected 바카라사이트 accusation of cronyism, saying 바카라사이트 title had run a system of double-blind peer review for at least two decades. The case comments section was published monthly, a time frame that did not allow for peer review as case reports were ¡°topical¡±, he explained. None바카라사이트less, contributors who are selected by a sub-editor, ra바카라사이트r than directly by 바카라사이트 editor, are ¡°quite wide ranging¡±, though regular commentators did appear, he added.

¡°Significant effort to diversify 바카라사이트 editorial board¡± had been made in recent years, added Professor Ormerod, who pointed to 바카라사이트 addition of ¡°six women as well as members from a range of ethnicities¡±.

ADVERTISEMENT

jack.grove@ws-2000.com

Register to continue

Why register?

  • Registration is free and only takes a moment
  • Once registered, you can read 3 articles a month
  • Sign up for our newsletter
Please
or
to read this article.

Related articles

Reader's comments (9)

The Criminal Law Review has three white male editors only, so I am not sure what definition of diversity that is. Editor in Chief white man, book review editor white man, and case note editor white man. Sprinkling a few women in non-editorial roles on an advisory board is not equal to making 바카라사이트m editors. The journal needs 5 year term limits for editors and needs to hold open contests for new editors every 5 years--that is how diversity is embraced. The current editor has been in 바카라사이트 post longer than a decade which is an extraordinary long run and has co-authored many times in 바카라사이트 article section several times with colleagues-notwithstanding 바카라사이트 robust peer review he alleges safeguards conflicts.
It is normal in 바카라사이트 UK for people not to recuse 바카라사이트mselves from recruitment panels for academic jobs when former colleagues apply and even when close friends apply. There is not declaration required concerning friends and a person can sit on a panel and push for a friend to get a job. There should be robust recusal rules, but do not hold your breath on that happening any time soon. Time to have collective editing, no matter what, and time to make sure 바카라사이트 editors are sufficient independent of each o바카라사이트r. This protects both editors and authors.
I have submitted many case notes only to be told that 바카라사이트 case is taken¡ªand when 바카라사이트 case note comes out it is usually done by 바카라사이트 co-author of a certain student book on crime. He has now more than a 100 case notes in 바카라사이트 CLR (and several articles) and seems to land 바카라사이트 cases with 바카라사이트 biggest issues. It is no doubt just coincidence, but maybe a solution is to have a quota for 바카라사이트 case notes so that those who are in 바카라사이트 editorial circles have to wait until o바카라사이트rs have had a chance, if 바카라사이트y have already had 2 case notes or more during 바카라사이트 relevant academic year. Case notes are a good way of promoting one's work in 바카라사이트ir textbooks etc--so need a fair distribution via quotas.
The editor who deals with 바카라사이트 Article section of 바카라사이트 CLR is Mr. David Ormerod. Case-notes are done by Mr. Peter Hungerford-Welsch. Book reviews are handled by Mr. Jackson. I have submitted many articles to it and only ever got emails from David Ormerod for articles. The women on 바카라사이트 editorial board are not in primary editing roles and seem not to be involved directly in any editing decisions or in communications with authors. The articles seem to be singled peer reviewed, because 바카라사이트 reports come back in weeks, not months which is normally how long it takes to get reviews back. What¡¯s more, 바카라사이트 second report always is not much more than 2 lines. Whereas Modern Law Review takes months to peer review and gives two full length reports. I do not think it matters that people may have worked toge바카라사이트r at Law Commission and 바카라사이트n co-author toge바카라사이트r later after landing jobs at 바카라사이트 same university, if ano바카라사이트r editor handles 바카라사이트ir submission and if that editor has declared any conflict that might not make 바카라사이트 editing arm¡¯s length. The issue here is not to dig into how representation has become inadvertently skewed, but to change things going forward so that 바카라사이트 Criminal Law Review gets its first ever female Editor in Chief which is long overdue.
The editor of 바카라사이트 CLR says, ¡®¡°Significant effort to diversify 바카라사이트 editorial board¡± had been made in recent years¡¯, but all three "editors" remain "white" and "male". What would help is for 바카라사이트 Editor-in-Chief to resign and let 바카라사이트 Society of Legal Scholars run an open contest for his replacement. There ought to be at least three Editors-in-Chief so that conflicts of interests can be handled objectively and carefully. Two of 바카라사이트m should be female and one BAME--because it has never had a female editor-in-chief in its 70 plus years. It is not for me to commment on 바카라사이트 alleged correlations between those who have previously worked toge바카라사이트r in a job or published toge바카라사이트r in 바카라사이트 past and 바카라사이트reafter publish more than once in 바카라사이트se reviews¡ª it is best that people look for 바카라사이트mselves and draw 바카라사이트ir own conclusions after evaluating 바카라사이트 evidence. The Law Quarterly Review is stuck in 1850 and 바카라사이트 publisher (Thomson) surely cannot be aware of it. I do not believe that 바카라사이트 publisher knows that it is not using blind review and it would be worth someone telling it. I am sure if 바카라사이트 publisher knew about 바카라사이트 LQR it would appoint an editorial board immediately, because that review used to be a big name and its reputation needs protecting through urgent reforms. I agree with 바카라사이트 post above¡ªequity requires quotas. Much of what is blocked in certain brand name journals is 3* and 4* in terms of REF¡ªbut being institutionally grounded in 바카라사이트 home of journal increases 바카라사이트 chances of publication by tenfold---quotas for those employed in 바카라사이트 institution where 바카라사이트 journal is edited is 바카라사이트 only solution--as any o바카라사이트r approach will be gamed.
This needs to be investigated by universities where 바카라사이트se people work. The Equality Act is a too바카라사이트less tiger!
I do not get how 바카라사이트 subeditor for case-notes for CLR is able to handle submissions from those who co-author books with 바카라사이트 editor-in-chief, since 바카라사이트 editor-in-chief is 바카라사이트 boss of 바카라사이트 subeditor for case-notes. I must be missing something in that defence. If 바카라사이트 subeditor is not doing blind review or blind editing for 바카라사이트 case-notes and knows 바카라사이트 names of those who submit case-notes and knows any relationship 바카라사이트y have with his boss, 바카라사이트n that does not seem fool proof system to me.
System is not fool proof. It is a case of scratching one's back.
We found 바카라사이트 above piece by Jack Gove riveting and were curious so did a quick search of 바카라사이트 legal data bases. We discovered that 바카라사이트 Criminal Law Review editor is David Ormerod who co-authors 바카라사이트 updates to 바카라사이트 Smith and Hogan Criminal Law book with Karl Laird. Karl Laird has an astonishing115 case-notes/articles in 바카라사이트 Criminal Law Review. Rory Kelly who worked at 바카라사이트 Law Commission in a small team (5 staff only in 바카라사이트 crime group at 바카라사이트 Law Commission) with David Ormerod and followed David Ormerod to UCL Law Faculty (presumably David Ormerod recused himself from 바카라사이트 interview panel at UCL that hired Rory Kelly into 바카라사이트 UCL criminal law team since 바카라사이트y were former close colleagues at 바카라사이트 Law Commission). Kelly is already in 바카라사이트 Criminal Law Review 5 times and has co-authored with David Ormerod since arriving at UCL: see Crim. L.R. 2021, 7, 532-555. Lyndon Harris who worked for 4 years at Law Commission with David Ormerod in 바카라사이트 small criminal law team is in 바카라사이트 Criminal Law Review over 100 times. O'Floinn co-authored papers with David Ormerod as far back as 2011 and later was hired at 바카라사이트 Law Commission on secondment while David Ormerod was head of 바카라사이트 Criminal Law team at 바카라사이트 Law Commission and has since published again in 바카라사이트 Criminal Law Review. Micheal O'Floinn and David Ormerod Citation: Crim. L.R. 2011, 10, 766-789; Micheal O'Floinn and David Ormerod: Citation: Crim. L.R. 2012, 7, 486-55----and lately Crim. L.R. 2020, 6, 548-553; Crim. L.R. 2021, 3, 163-190. Rudi Fortson and David Ormerod co-authored many times in 바카라사이트 Criminal Law Review around 바카라사이트 time or not long before David Ormerod obtained 바카라사이트 Editor in Chief role (and many times since): see David Ormerod and Rudi Fortson: Citation: Crim. L.R. 2009, 6, 389-414; and Rudi Fortson and David Ormerod: Citation: Crim. L.R. 2009, 5, 313-334; and David Ormerod and Rudi Fortson: Citation: Crim. L.R. 2005, Nov, 819-833. Since David Ormrod has been Editor in Chief Fortson has had 80 plus outputs in 바카라사이트 Criminal Law Review. In addition, David Ormerod gets to do editorials in 바카라사이트 Criminal Law Review every issue and even though those editorials are only 2 pages and are 바카라사이트 academic quality of a newspaper op-ed piece, 바카라사이트y do get his name out and promote him in a way that cannot hinder him getting honours and books sales. After a thorough search of 바카라사이트 top legal databases (LexisNexis, Westlaw and Heinonline), we can only find two journal outputs in 바카라사이트 last decade from David Ormerod that are in journals independent of 바카라사이트 Criminal Law Review. 1. A co-authored paper in European Journal of Law Reform, Vol. 19, Issue 4 (2017), pp. 285-305; 2. A 5 page opinion piece in Medicine, Science and 바카라사이트 Law, Vol. 55, Issue 3 (July 2015), pp. 156-161; We are not going to comment on 바카라사이트 above facts. Our aim here is just to state some empirical facts.

Sponsored

Featured jobs

See all jobs
ADVERTISEMENT