The Volokh Conspiracy
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The Top Three Law Reviews Strongly Prefer Articles Under 25,000 Words. But Their Articles Consistently Exceed 25,000 Words.
Over the past decade, articles in YLJ, HLR, and SLS have averaged 37,582, 35,917, and 31,725 words, respectively.
In 2005, eleven top law reviews signed a joint statement regarding articles length: Columbia, Cornell, Duke, Georgetown, Harvard, Michigan, Stanford, Texas, Penn, Virginia, and Yale. The statement explained that "The vast majority of law review articles can effectively convey their arguments within the range of 40-70 law review pages, and any impression that law reviews only publish or strongly prefer lengthier articles should be dispelled." As far as I know, no journal has abjured that statement. Several journals still link to it on their submission pages.
Today, the top three law journals make specific requests about article length. Do the journals actually adhere to their limits? To answer this question, I created a spreadsheet that lists all of the articles published in the Yale Law Journal, Harvard Law Review, and Stanford Law Review between 2010 and 2020. (I only included articles, and excluded essays and student notes). For each article, I recorded the page-count, as well as the word count. None of these journals come close to their requests.
Yale Law Journal
The Yale Law Journal General Submissions Guidelines state:
For Articles, we strongly encourage submissions of fewer than 25,000 words, including footnotes (roughly 50 Journal pages).
The Yale Law Journal was the most flagrant violator of the joint statement. Articles averaged 37,582 words and 82.5 pages. Only 6% of the articles were less than 25,000 words. 94% of the articles exceed 25,000 words. And by my count, 14% of the articles exceeded 100 pages!
Harvard Law Review
The Harvard Law Review submissions page states:
The Review strongly prefers articles under 25,000 words in length including text, footnotes, and appendices. Length in excess of 30,000 words will weigh significantly against selection. Only in rare cases will we unconditionally accept articles over 37,500 words.
Over the past decade, articles in HLR have averaged 72.3 pages and 35,917 words. Indeed, only 12% of the published articles are less than 25,000 words. Counted differently, 88% of published articles exceed HLR's strong preference. 78% of the published articles are greater than 30,000 words. And 54% of the articles exceed the upper limit of 37,500. By no measure is 54% "rare." (For purposes of full disclosure, I published in the Harvard Law Review SCOTUS issue, and my article was ~28,000 words).
Stanford Law Review
The Stanford Law Review offers these guidelines:
The Stanford Law Review has a word limit of 30,000 words (including footnotes), and a preference for 20,000 words or fewer. We value brevity and look favorably on pieces below the 30,000-word ceiling.
Stanford Law Review came closest to meeting the standards. SLR articles averaged 31,725 words and 66 pages--just a smidge above the stated ceiling. Still, only 12% of the published articles are less than 20,000 words. 20% are less than 25,000 words. And 42% are less than the upper-limit of 30,000 words. Better than Harvard and Yale, but still inconsistent with the joint statement
***
It wasn't very hard to create this spreadsheet. Top journals no doubt have the ability to keep track of their volume lengths. Indeed, they likely have much more accurate records than I was able to find on Westlaw. Yet, the journals routinely flout their own standards.
These journals, and others, should reconsider their stated policies. Moreover, articles that exceed these limits should not be summarily disqualified. Indeed, dinging articles based on length can be used as pretext.
At some point, I will do something more formal with these numbers. For now, my research is tentative. If you spot any errors, please drop me a line. And if any journals want to chat, you know how to reach me.
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So these journals rejected you and told you it was because your article was too long?
SMH, I missed the obvious.
"What is up with these women? Why do all of them have problems? The last ten women that dumped me told me, 'It's not you, it's me.' I better put together a spreadsheet and see how pervasive and pernicious these lady problems are!"
Yes, fire up that spreadsheet.
Thank you for a chuckle this morning.
“dinging articles based on length can be used as pretext.”
That’s dumb. If a publication sets and sticks to, say, a 20,000 word count then articles that exceed that should be rejected until rewritten. But I can definitely see you submitting 35,000 words, getting rejected, and declaring that they blacklisted you because of the subject matter.
It's the old "grading on a curve" mentality.
In law school, if you answer 100% of a question, you get a B-. The A's go to those who answered 130% of the question.
I was reminded of in high school, our assignment was to do a collage of photos contrasting the modern world with the ancient world. The teacher said, "No more than 12 inches by 18." So I did 12 by 18. It was one of the smallest responses and I got a C.
Two of the greatest and most influential law review articles ever written, Married Women's Contracts (Currie) and The Problem of Social Cost (Coase) (weirdly, both in U. Chicago law journals) managed to be under 25,000 words.
I would say that, pace Justice Roberts, there is certainly a lack of relevance in the academy to the vast majority of practitioners (lawyers and judges alike) today. That relevance is not helped by the logorrhea we see on display. Both when I was on law review in the past, and today, I have yet to see an article that did not suffer from the pomposity of the ego of the writer, assuming that 20 paragraphs and 30 footnotes would suffice where any normal person would use a short sentence.
Finding out that law reviews prefer shorter articles, yet publish longer ones, is roughly on par with "Dog bites man." Instead of marveling at this (and, no doubt, creating a spreadsheet and naming the month of September after this quixotic quest and series of posts), perhaps it would be best that we start demanding that law reviews STRICTLY ENFORCE word limits.
...you know, hold the academics to the same standards as actual lawyers. 🙂
> I have yet to see an article that did not suffer from the pomposity of the ego of the writer, assuming that 20 paragraphs and 30 footnotes would suffice where any normal person would use a short sentence.
While I don't necessarily disagree here—academia is a curious concoction of raging egos and fragile egos—my experience (I'm both a contract history prof and a copy editor for a couple journals) is that a lot of academics write defensively, which adds to the bloat. That is, they think about various critiques and insinuations that will be thrown at them, so they're trying to immunize themselves with a shit-ton of citations. And I can appreciate it, to a degree. There are so many fish in the pond, so in an effort to stand out, attacking someone else for apparent weak research is quite seductive. Which encourages the preemptive defensiveness.
Do you know who else has to write defensively? Real attorneys. (Yes, the "real" is deliberate .... 😉 ).
And yet we have to abide by page and word limits, and somehow ... we manage.
Again, the combination of the academic egos and student editors results in an ever-spiraling word count, and ever-lessening value to the law. IMO.
Heh, there are professions with consequences and then there's academia …
Academia has consequences, they just aren't the same as in the real world. For example, if you loudly support a political party that is known for being anti-education and anti-intellectual, the educated intellectuals won't invite you to their parties any more.
Eh, I think it's noteworthy that law reviews recognized the problem and tried to do something about it, and that they haven't actually followed through on their commitment.
Of course, Blackman being Blackman, he still manages to reach the worst possible take on the situation.
Look, journals stating that they prefer shorter submissions is ... not doing much about it. Unless they have an enforceable rule (not just a preference), it's not going to do anything.
Because once a submission is accepted, no fat can be removed. Student editors might (might!) be able to clean up citations, but have you ever seen a student editor try to push back on word choice or length? It's not pretty.
"Eh, I think it’s noteworthy that law reviews recognized the problem and tried to do something about it, and that they haven’t actually followed through on their commitment."
Law Review article editors aren't allowed to actually edit the articles, their role is largely confined to checking the footnotes and punctuation.
As a contrast, I'd note that the most prestigious (read highest impact factor) peer-reviewed scientific journals have very strict page limits of 4 to 6 pages. The general high quality journals have average article size of 12 to 15 journal pages which translates to 20 to 25 single-column double-spaced pages.
Yes, the limits are shorter and more strictly enforced.
Although you'd have to admit that it's fairly common (outside the very topmost journals) to write three separate 5 page articles when they could have made their necessary point with one fat-free 6 page article.
Editors have a name for that, salami slicing.
As Editor-in-Chief, i discourage that practice with extreme prejudice. Editors of many other journal do the same.
I should have added it is not unusual for us to tell authors that the paper could be have the length and retain the same scientific value
Of course I don't doubt your specific policy as editor, and thanks for enforcing it.
At the venues I publish in (mostly IEEE affiliated, mid-tier), salami-slicing is officially discouraged but in practice tolerated: about how Josh Blackman describes the law review page limits.
Published comic strips have a maximum size limit of 4 panels, only 1/7 of published comic strips have more than 4 panels. (single panel cartoons are a different category)
"I would say that, pace Justice Roberts, there is certainly a lack of relevance in the academy to the vast majority of practitioners (lawyers and judges alike) today. That relevance is not helped by the logorrhea we see on display. Both when I was on law review in the past, and today, I have yet to see an article that did not suffer from the pomposity of the ego of the writer, assuming that 20 paragraphs and 30 footnotes would suffice where any normal person would use a short sentence."
Go back to actual 18th-century judicial opinions. You'd think that, like Dickens, they were paid by the word.
An interesting experiment would be to pull ten random articles over the limit and send them to a group of professional editors. Then see how much of each article is important and how much is vanity.
Let the prose flow,
Let the cites grow,
Let the verbosity shower,
Let the syllogisms flower,
Prolixity seeks,
Prolixity finds,
Bluebook geeks,
Lexiphanic minds.....
too long. Tighten it up a bit.
Pleonasm for $200
Wow!
I came here to comment that the correct percentage is 100, or rather the correct word is words.
Is there a quantifiable difference between the length of initial submissions versus final product, after helpful editors have bloated out an article with footnotes confirming that the sky is, in fact, blue?
"By no measure is 54% "rare.""
Depends on whether or not a calculation of 54% is relevant or not.
Get yourself a copy of "How to Lie with Statistics".
You're looking at the articles that were selected, and making projections about the ones that weren't.
The comments above that refer to "sour grapes" seem like they might have at least a kernel of truth to them.
I wonder if they set the requested limit at 35,000 words everyone would be submitting articles that were 45,000 words?
Maybe if you want articles to be less than 40,000 words, you have to tell the academics to limit to 25,000.
Don't get started on that cycle. A place I worked did that on budget requests. People found out what was going on and doubled their requests. Which led to the higher ups lowering their ostensible "limit" even more, etc.
It got to where newbies or compulsively honest people who asked for what they really needed got like 1/10 of their request.
This sentiment has been attributed to many, but it seems so much like Twain, I'll go with the quote attributed to him:
“If you want me to give you a two-hour presentation, I am ready today. If you want only a five-minute speech, it will take me two weeks to prepare.”
What is the problem here that needs to be "exposed" and fixed? It's certainly true that articles are, generally, too long. Several journals have a stated preference for shorter ones, but publish longer ones anyway. Probably from bigfoot professors who -- unlike JB -- they can't afford to turn down. Maybe it's fun to point and laugh. OK, no "maybe" about it. It is fun to point and laugh. But otherwise, so what? Your crisp, pellucid article will stand out all the more in a sea of bloated dreck. If you can write one.
Law professor learns that actual practice is not the same as black letter law; is shocked.
"What is the problem here that needs to be “exposed” and fixed?"
Top law journals do not want to publish Professor B's scholarship for some reason. They say it is because of length, but size doesn't matter, apparently, when they publish other work.