Related:
In 1997 I published an article, “A Libertarian Theory of Punishment and Rights,” in the Loyola of Los Angeles Law Review. First, notice the title–it has “libertarian” in it. I have never been shy about my libertarian views, but knew that this might cause problems with a mainstream law review. So I submitted it as “A Theory of Punishment and Rights”. I had been through the law review process a few times for earlier articles, so I figured once the piece was accepted, near the end of the editing stage when I was dealing with the grunts, I could simply tell them to change the title at the last minute, and they would be making so many little changes this would not raise red flags. That strategy worked.
Also, I used masculine pronouns etc. but they tried to strip it all down to gender-neutral–changing “he” to “them” etc. I resisted and they caved, but for this sentence, ” It is impossible for him[27] to coherently and intelligibly assert…,” they added footnote 27, which read: “It is the general policy of the Loyola of Los Angeles Law Review to use gender-neutral language. The author, however, has chosen not to conform to this policy.” (It’s now n. 33 in my chapter in my book. A Libertarian Theory of Punishment and Rights.)
Ha!
My other law journal story, The Enlightened Bar and Re: The Enlightened Bar (reprinted below) concerns an article of mine I submitted to the Texas Bar Journal. It was accepted, but the letter of acceptance informed me it could take up to a year to publish it—unless I was a minority, in which case they could scoot it to the head of the line. I was offended and withdrew it, published it (quicker) in another journal. (Kinsella, “Oilfield Indemnity and “Separate Insurance” Provisions in the Wake of Getty Oil,” Texas Oil & Gas Law Journal 8, no. 3 (May 1994): 29–39.)
The Enlightened Bar
Stephan Kinsella
April 29, 2004
A couple years ago I clipped some pages from recent Texas Bar Journal issues that had me shaking my head. I planned to write up a little article for Lew on it, but never got ’round to it and there was not enough for an article anyway. Glory be, the Internet and blogs makes it possible now. I just came across it cleaning out some old paper files, so here it is. “The Back Page” is interesting because here, in a magazine for Texas’ tens of thousands of lawyers, one would expect news about law or lawyers, tips for lawyers, etc., but the headlines on that page include: “Attorneys Answer Call for Cell Phones” (donating old cell phones for battered women to help prevent domestic violence); “Siebert, Cisneros to Headline TMCP [Texas Minority Counsel Program],” and “Lawyers Provide Legal Help to Flood Victims.” And see the July 2001 Executive Report, “Protecting the Best Interests of our Children,” full of 3rd grade civics class platitudes about public education and democracy.Why should I be surprised? Just because it’s Texas doesn’t mean the legal establishment isn’t liberal and rotten to the core. This is the same journal to which I submitted an article back in July 1993–“Oilfield Indemnity and ‘Separate Insurance’ Provisions in the Wake of Getty Oil”; I got a letter back saying that accepted my article for publication and it might take 9-12 months, but that if I qualified for the “Affirmative Action Plan for Legal Publications Policy”–i.e. if I proved I was black or Hispanic–they would publish it within a couple months. In other words, if you’re white, you get moved to the back of the bus. I was so offended by the rudeness that I withdrew my article and published it elsewhere.
Re: The Enlightened Bar
Posted by Stephan Kinsella on April 13, 2005 01:14 PM
A while back I posted about political correctness infesting the Texas Bar. I noted there that back in 1993 I submitted an article entitled “Oilfield Indemnity and ‘Separate Insurance’ Provisions in the Wake of Getty Oil” to the Texas Bar Journal, which is distributed to tens of thousands of Texas attorneys. I got a letter back saying my article had been accepted for publication, but that it might take over a year to publish it–but “If you are a member of a recognized minority group, your article may be published in accordance with the affirmative action plan for legal article.” I.e., if I proved I was black or Hispanic, they would publish it within a couple months. In other words, if you’re white, you get moved to the back of the bus. I was so offended by the rudeness that I withdrew my article and published it elsewhere (the Texas Oil & Gas Law Journal).
I could not find the original correspondence when I made the referenced post, but I have just found the exchange.
The text of the correspondence is here:
From Texas Bar Journal
Kelley Jones
Managing Editor
September 15, 1993N. Stephan Kinsella
Jackson & Walker, L.L.P.
1100 Louisiana, Suite 4200
Houston, TX 77210-4771Dear Mr. Kinsella:
Your article,”Oilfield Indemnity and ‘Separate Insurance’ Provisions in the Wake of Getty Oil” has been approved by the Editorial Committee for publication in the Bar Journal.
We will schedule the article as soon as possible. Fortunately for the Bar Journal, there is a backlog of articles waiting to be scheduled for publication. After your article has been scheduled for publication, you will be notified and given an opportunity to update it. After receiving your update, cites included with your article will be checked. Before the article is sent to the printer, a blueline copy will be faxed to you which we ask that you review within 24 hours. These procedures help ensure the accuracy and timeliness of each legal article we publish.
we will make every effort to publish your article within one year from now. Because of the large number of articles we receive, we may not be able to publish your article within that time frame. If that is the case, your article will be returned to you to allow you the opportunity to submit it elsewhere. If you are a member of a recognized minority group, your article may be published in accordance with the affirmative action plan for legal articles.
If you have not done so, we would like for you to send us a recent photograph of yourself (preferably a black and white glossy) and brief (50 words or less) biographical information to accompany the article.
Thank you for your support and contributions to the Bar Journal.
Sincerely,
Pamala Greathouse
Administrative Assistant
From Stephan Kinsella:
November 11, 1993
Mr. Kelley Jones
Managing Editor Texas Bar Journal
P.O. Box 12487
Austin, Texas 78711Re: Withdrawal of Article Entitled “Oilfield Indemnity and ‘Separate Insurance’ Provisions in the Wake of Getty Oil”
Dear Mr. Jones:
Previously I submitted the captioned article to you for consideration for possible publication in the Texas Bar Journal. Thereafter I received a letter (copy enclosed) from Ms. Pamala Greathouse, Administrative Assistant of the Journal, dated September 15, 1993 informing me that the Journal’s Editorial Committee had approved the article for publication. Ms. Greathouse also informed me that the article could take up to a year before being published, but that, pursuant to the “Affirmative Action Plan for Legal Articles” adopted by the State Bar of Texas Board of Directors, the article could be published much sooner if I am a member of a “recognized minority group.”
I must say that I was offended by this response to my submission, since this policy clearly discriminates against authors based solely on their race. And it is simply bad manners, if nothing else, to send a letter to me informing me that I must sit at the back of the Texas Bar Journal bus. Regretfully, I must therefore withdraw my article from consideration by you for publication in the Journal. I will seek to publish the article elsewhere where my race is not taken into account.
Sincerely yours,
N. Stephan Kinsella
Enclosure
cc: Mr. Lonny Morrison, President (with enclosure)
State Bar of Texas
P.O. Box 12487
Austin, Texas 78711
