June 2011

As the discussion about law reviews and the value (or lack thereof) of student-edited reviews continues, I can’t help but feel like some very thoughtful people are talking past each other. (See, e.g., here, here, and here.) As I mentioned last week, I see both sides of the story, and I often find myself agreeing in part with both camps. I am a former editor in chief (EIC) of the Tulane Law Review, and a law professor, and a law review advisor (the latter two at the University of North Dakota). I mention this because I feel like I have seen all sides of the law review process in a way that is (I think) different from many. 

As I noted before, I don’t think that those who have expressed frustration with law reviews are mean spirited or inherently wrong. They have a point, but I can’t quite get there. I simply think we can do better without scrapping everything. So, to add to the discussion (or further muddy the waters), here are some thoughts and examples from both sides of the experience:

(1) When I took over as EIC, I followed the format…

Whether it’s energy policy or financial policy, “people” want to be protected from bad things.  Things like blackouts, high gas prices, housing bubbles and failed credit markets.  But we also, apparently, want these things to occur cost free.  It’s not clear to me whether “people” are the masses or our representatives in government, but it doesn’t seem to matter. 

Take, for example, discussions about cybersecurity.  One report indicates that at least some in Congress believe our greatest national security threat is to the electric power grid.  In testimony before the House Energy and Commerce Subcommittee, ABC News quotes Rep. Trent Franks, R-Ariz. as saying the following about a national grid cyber attack:  

The sobering reality is this vulnerability, if left unaddressed, could have grave, societal-altering consequences. We face a menace that may represent the gravest short term threat to the peace and security of the human family in the world today.

Wow. That’s a huge deal. And I agree it is a serious threat, even though I wouldn’t go quite that far.  

To address these concerns, one of the legislative proposals is the GRID Act (H.R. 5206), proposed last year. That act:

Amends the Federal Power Act

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