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Published online by Cambridge University Press: 06 March 2019
Explaining the work of the German Law Journal has become almost second nature to student editors; at one point in our legal careers we all have to justify to a colleague, a future employer, a parent, or potential student editor recruits the existence of a journal that, based on name alone, appears to centre on a civil law country in Europe at a North American law school that teaches the common law. Most of us have some version of this statement ready:
The German Law Journal is a monthly, English-language, peer-reviewed, online law journal that focuses on the recent developments in German, European and International Law. The name reflects the Journal's original purpose: to create a monthly English legal periodical that would make German constitutional jurisprudence more accessible to the non-German speaking world. While the mandate of the Journal has grown over time, the name, however, has stuck.
1 Or alternatively, the ‘Journal’ or ‘GLJ’ from this point forward.Google Scholar
2 Criticisms of law reviews are well canvassed in Bernard J. Hibbitts, Last Writes? Reassessing the Law Review in the Age of Cyberspace, 71 New York University law Review (N.Y.U.L. Rev.) 615, 635 (1996).Google Scholar
3 Id. at 641.Google Scholar
4 Id. at 633.Google Scholar
5 Law Reviews: Do the Inmates Run the Asylum?, Stanford University, Accessible at: http://news.stanford.edu/pr/95/950228Arc5352.html >, last viewed 8 May 2009.,+last+viewed+8+May+2009.>Google Scholar
6 It should be noted that between the 2002/03 – 2007/08 academic years, the U.S. student editorial team was based at the University of Idaho College of Law, located in Moscow, Idaho, U.S.A.Google Scholar
7 The process of joining the Journal as a student editor at Osgoode has changed dramatically in the last year. In the 2006/07 and 2007/08 academic years, any student who was interested in joining simply had to attend the first meeting, sign up, and keep on coming. This meant that first meeting of the year was generally packed full of students interested in hearing more about the Journal, and that slowly over the next month numbers would shrink and students who enjoyed the meetings stayed on. With increased interest in the Journal, this year was the first year that required an application. Students were asked to submit a resume and cover letter explaining why they were interested in working on the Journal and what skills and experience they could bring with them. These applications are evaluated by the Osgoode Co-Editor-in-Chief, and Student Managing Editor, who look not at grades but rather at experience, interest, and attention to detail in the application. It would be accurate to observe that while the Journal remains more flexible and fluctuating than many similar publications, as its numbers grow participation in the Journal is becoming more formalized.Google Scholar
8 Duncan Kennedy, Legal Education and the Reproduction of Hierarchy: A Polemic against the System, 2nd Edition, (1995) at 3. For an interesting comment on the importance of Duncan Kennedy's scholarship on legal education in the German context, and how trends have changed since the publication of Kennedy's little red book, see Victor Winkler, Review Essay – Langdell's Prodigal Grandsons: On Duncan Kennedy's Critique of American Legal Education 7 German Law Journal (GLJ) 717 (2006), Accessible at: <http://www.germanlawjournal.com/article.php?id=753>, last viewed 27 May 2009.,+last+viewed+27+May+2009.>Google Scholar
9 It should be noted that the prestige of working on a law journal differs greatly between Canada and the U.S. In Canada, generally, participating on a journal is open to more students, and is not as determinative of employment opportunities in practice as it is in the U.S.Google Scholar
10 2nd Edition, (2006), originally published in 1989.Google Scholar
11 Kennedy, David, The Last Treatise: Project and Person (Reflections on Martti Koskenniemi's From Apology to Utopia), 7 German Law Journal (GLJ) 982 (2006). Accessible at: <http://www.germanlawjournal.com/article.php?id=772>, last viewed 15 May 2009.,+last+viewed+15+May+2009.>Google Scholar
12 Rajagopal, Balakrishnan, Martti Koskenniemi's From Apology to Utopia: a Reflection, 7 German Law Journal (GLJ) 1089 (2006). Accessible at: <http://www.germanlawjournal.com/article.php?id=779>, last viewed 15 May 2009.,+last+viewed+15+May+2009.>Google Scholar
13 Koskenniemi, Martti, A Response, 7 German Law Journal (GLJ) 1103 (2006). Accessible at: <http://www.germanlawjournal.com/article.php?id=781>, last viewed 15 May 2009.,+last+viewed+15+May+2009.>Google Scholar
14 These discussions were often followed up by an email with references to literature on the topic for those who wanted to read more. In this case, see Günter Frankenberg, Critical Comparisons: Re-thinking Comparative Law, 26 Harvard International Law Journal (Harv. Int'l L.J.) 411–455 (1985), and Peer Zumbansen, Comparative Law's Coming of Age? Twenty Years after ‘Critical Comparisons', 6 German Law Journal (GlJ) 1073–1084 (2005), Accessible at: <http://www.germanlawjournal.com/article.php?id=614>, last viewed 21 May 2009.,+last+viewed+21+May+2009.>Google Scholar
15
Answer: on average the Supreme Court of Canada delivers 80 decisions per year and considers approximately 600 applications for leave to appeal, the Federal Constitutional Court of Germany considers 5 000 complaints annually. See The Supreme Court of Canada, Answers for Teachers, Accessible at: <http://www.scc-csc.gc.ca/education/kit-trousse/questions/ans-rep-eng.asp>, last viewed 15 May 2009; The Federal Constitutional Court, Organization, Accessible at: <http://www.bundesverfassungsgericht.de/en/organization/organization.html>, last viewed 15 May 2009.,+last+viewed+15+May+2009;+The+Federal+Constitutional+Court,+Organization,+Accessible+at:+
16 See, for example, Binavince, Emilio S., Introduction: The Founding of the Ottawa Law Review, 6 Ottawa Law Review (Ottawa L. Rev.) 12 (2006); Barry M. Singer et. al., Reflecting on the Past 70 Years, 69 Saskatchewan Law Review (Sask. L. Rev.) 277 (2006); or MacLaren, Malcolm, A History of the University of Toronto Faculty of Law Review, 55 University of Toronto Faculty of Law Review (U.T.Fac. L. Rev.) 375 (1997).Google Scholar
17 Osgoode Hall Law Journal, Accessible at: <http://www.ohlj.ca/on>, last viewed 3 May 2009.,+last+viewed+3+May+2009.>Google Scholar
18 Osgoode Hall Review of Law and Policy, Accessible at:<http://ohrlp.ca/index.php> last viewed 21 May 2009.+last+viewed+21+May+2009.>Google Scholar
19 TheCourt.ca, Accessible at:<http://www.thecourt.ca/>, last viewed 3 May 2009.,+last+viewed+3+May+2009.>Google Scholar
20 IPLogue, accessible at: <http://www.iposgoode.ca/ipilogue/>, last viewed 3 May 2009.,+last+viewed+3+May+2009.>Google Scholar
21 See the 2008 survey of Law Journals: Submissions and Ranking, Washington & Lee University School of Law, under the categories “peer-edited” and “online only”, accessible at: <http://lawlib.wlu.edu/LJ/index.aspx>..>Google Scholar
22 Ryder, Bruce, The Past and Future of the Canadian Generalist Law Journal, 39 Alberta Law Review (Alta L. Rev.) 625, 625 (2001). This has since changed, with a symposium on Canadian Law Review Experience held by the Alberta Law Review in 2001 (of which the above article was a product of), and by the first national conference of Canada's student-edited law reviews at Queen's university in 2005.Google Scholar
23 Leclair, Jean, A Review of Law Reviews: Comments of a Contented Victim, 31 Queen's Law Journal (Queen's L.J.) 385, 391 (2005).Google Scholar
24 Supra, Binavince (note 16) at 12.Google Scholar
25 Greschner, Donna, Law Review as Cultural Narrative, 79 Alberta Law Review (Alta. L. Rev.) 616, 618 (2001).Google Scholar
26 Supra Binavince, (note 16) at 12.Google Scholar
27 Supra Greschner (note 25) at 389.Google Scholar
28 The Honourable Justice Michael Kirby, Welcome To Law Reviews 26 Melbourne University Law Review 1 (2002). Accessible at: <http://www.austlii.edu.au/au/journals/MULR/2002/1.html> last viewed 26 March 2009.+last+viewed+26+March+2009.>Google Scholar
29
For example, see Harvard Law Review, Accessible at: <http://www.harvardlawreview.org/about.shtml>, last viewed 20 May 2009; Supra, Administrative Law Review (note 30); Supra, George Washington Law Review (note 31) NYU Law Review, Accessible at: <http://www.law.nyu.edu/journals/lawreview/masthead/index.htm>, last viewed 20 May 2009.,+last+viewed+20+May+2009;+Supra,+Administrative+Law+Review+(note+30);+Supra,+George+Washington+Law+Review+(note+31)+NYU+Law+Review,+Accessible+at:+
30 Administrative Law Review, Accessible at: <http://www.wcl.american.edu/journal/alr/board.cfm>, last viewed 22 May 2009.,+last+viewed+22+May+2009.>Google Scholar
31 George Washington Law Review, Accessible at: <http://docs.law.gwu.edu/stdg/gwlr/contacts.htm>, last viewed 20 May 2009.,+last+viewed+20+May+2009.>Google Scholar
32 For example, the Ateneo Law Journal (based in the Philippines), Accessible at: < http://www.ateneolawjournal.com/>, last viewed 21 May 2009.,+last+viewed+21+May+2009.>Google Scholar
33 King's Student Law Review, Accessible at <http://www.kslr.org.uk/editorial.html>, last viewed 8 May 2009.,+last+viewed+8+May+2009.>Google Scholar
34 Oxford University Commonwealth Law Journal, Accessible at: <http://www.law.ox.ac.uk/ouclj >, last viewed 8 May 2009.,+last+viewed+8+May+2009.>Google Scholar
35 University College London Jurisprudence Review, Accessible at: <http://www.ucl.ac.uk/laws/jurisprudence/jurisprudence-review/index.shtml >, last viewed 8 May 2009.,+last+viewed+8+May+2009.>Google Scholar
36
See also, Cambridge Student Law Review, Accessible at: <http://www.cslr.org.uk/>, last viewed 8 May 2009.; the UCL Human Rights Review, Accessible at: <http://www.uclshrp.com/review/>, last viewed 8 May 2009; Trinity College Law Review, Accessible at: <http://www.trinitycollegelawreview.com/>, last viewed 8 May 2009.; Irish Student Law Review., Accessible at: <http://www.islr.ie/>, last viewed 8 May 2009.,+last+viewed+8+May+2009.;+the+UCL+Human+Rights+Review,+Accessible+at:+
37 Bucerius Law Journal, Accessible at: <http://www.law-journal.de/About_us.171.0.html >, last viewed 8 May 2009.,+last+viewed+8+May+2009.>Google Scholar
38 Heidelberg Student Law Review, Accessible at: <http://www.studzr.de/pagev2/index.php57p >, last viewed 8 May 2009.,+last+viewed+8+May+2009.>Google Scholar
39 Göttingen Journal of International Law, Accessible at: <http://gojil.uni-goettingen.de/joomla/index.php?option=com_wrapper&view=wrapper&Itemid=97 >, last viewed 8 May 2009.,+last+viewed+8+May+2009.>Google Scholar
40 Id. Google Scholar
41 Degrees in Law, Council of Australian Law Deans, Accessible at: http://www.cald.asn.au/slia/Legal.htm#Degrees on 26 May 2009.Google Scholar
42 Supra MacLaren (note 16) at 387.Google Scholar
43 Supra, Law Reviews: Do the Inmates Run the Asylum? (note 5).Google Scholar
44 Fred Rodell, Goodbye to Law Reviews, 23 Virginia Law Review 38 (1936). In 1962, Rodell reworked his theme in Fred Rodell, Goodbye to Law Reviews — Revisited, 48 Virginia Law Review 279 (1962).Google Scholar
45 Id. Google Scholar
46 Michael Vitiello has divided the critique of student-run law reviews into two camps. The first critique the elitism and undemocraticness in the way in which law reviews hire new student editors; the second suggests that student editors lack the expertise to address the interdisciplinary turn in legal scholarship (the ‘law and articles) and further perpetuate conventional writing. See Michael Vitiello, In Defense of Student Run Law Reviews, 17 Cumberland Law Review (Cumb. L. R.) 859 (1986).Google Scholar
47 Supra, Hibbitts (note 2)Google Scholar
48 See Supra, Rodell (note 44); Supra, Greschner (note 25); Supra, Leclair (note 23); Supra, Hibbitts (note 2)Google Scholar
49 Against the Law Reviews: Welcome to a World Where Inexperienced Editors Make Articles About the Wrong Topics Worse, Richard A. Posner, Legal Affairs (2004), Accessible at: http://www.legalaffairs.org/issues/November-December-2004/review_posner_novdec04.msp on 3 May 2009. For an interesting debate about the merits of Australian law reviews, see: Supra, Kirby (note 32); Gava, John, Law Reviews: Good For Judges, Bad For Law Schools?, 26 Melbourne University Law Review 29, (2002). Accessible at: http://www.austlii.edu.au/au/journals/MULR/2002/29.html#fn1 on 26 May 2009.Google Scholar
50 Kester, John G. argues that even 100 per cent student-run journals seek some guidance from faculty members, and in this way have some degree of peer review, see John G. Kester, Faculty Participation in the Student-Edited Law Review, 36 Journal of Legal Education (J. Legal Educ.) 14 (1986). Kester goes on to suggest that the criticisms against the quality of student-run publications are a reflection of the fact that law faculties are now more fragmented and do not agree on what makes good legal scholarship. This makes faculty less of a resource to student-edited journals.Google Scholar
51 The argument that students are more willing to take a risk and publish something that is unconventional is not new, see Phil Nichols, A Student Defense of Student Edited Journals: in Response to Professor Roger Crampton, Duke Law Journal (Duke L. J.) 1122, 1125 (1987); and Olsen, Frances, The Role of Student-Run Law Journals in Opening North American Law, 39 Alberta Law Review (Alta. L. Rev.) 678, 680–81, (2001).Google Scholar
52 Supra, Posner (note 49).Google Scholar
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