Harvard Law School faculty follow Arts and Sciences lead
Yesterday, the Harvard Law School announced that its faculty had unanimously agreed to make its scholarly output open access. Not surprising, really. Law review article authors have been in the forefront of the move to open access. There’s rarely an article I need these days that I can’t find on SSRN. And months, sometimes more than a year before it actually gets published in a law review or journal.
My friend Peg O’Donnell and I are preparing a syllabus for a class we are offering this summer at Catholic University (the Library School’s Dean, Kim Kelly has invited us to contribute to her summer Institute) and Peg had done a considerable amount of research on Westlaw to find articles (Peg is more traditional in her search strategies than I am). The articles were, of course, excellent and most of them very much on point. But for the rest of the syllabus, we were able to link to full text of our required and recommended readings (having located them all on the open Web). Not so with articles accessed through Westlaw. I really didn’t like the idea that the law review articles couldn’t be provided to the students conveniently (linking to full text) or that we would have to negotiate license rights (ugh). So before we finalized the syllabus, Peg Googled the articles on the open Web to find digital versions and, sure enough, all but one were on SSRN. Thank you legal scholars (and SSRN and Google and law reviews for having liberal open access policies)!
Rationality is our hallmark, for better or for worse. But, whatever its limitations, it certainly militates against doing all the work of research, writing, soliciting feedback from your peers, revising, rereading what’s come out since you started writing, and revising again, and then LOCKING UP THE RESULTS in a journal, even a very prestigious one, that comes out 18 months after you finish the article and no one can read it without a subscription, paying tuition at a college or university, or pulling out a credit card to get access to even see if you want to read it.
Law reviews are among the leaders here, in graciously accepting that lock up and lock down are not the future of scholarly communication. They are not marginal to our endeavors. They are central. And they have a prayer of remaining so simply because they have not tried to bar the door to innovation and improvement.

