Abstract
This study compares the research productivity and impact of inbred and non-inbred faculty employed at Australian law schools. The sample consists of 429 academics, employed at 21 law schools. To measure research productivity and impact we use articles published in top law journals, defined in six different ways, as well as total citations and two different citation indices. We report results including, and excluding, publications in the academic’s home law review. We find evidence that silver-corded faculty outperform other faculty on one of the measures of publications in top journals, once the endogeneity of academic seniority, grant history and the status of the law school at which the individual is employed is addressed, but this finding is not robust across alternative measures of articles published in the top journals. We find that there is no statistically significant difference between the research productivity and impact of inbred and non-inbred faculty. This finding is robust to a range of different ways of measuring research productivity and impact and alternative econometric approaches, including using two-stage least squares to address the endogeneity of academic seniority, grant history and the status of the law school at which the legal academic is employed.
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Notes
The LLB is typically taken as a second undergraduate degree in Australia, where one’s first undergraduate degree is in another discipline, such as Arts, Commerce or Science, or the Bachelor of Jurisprudence, which is a lower level, three year undergraduate degree in law. Normally, it takes three years fulltime study to obtain the first undergraduate degree and then a further two years fulltime study to obtain the LLB. The LLB is the professional degree required to practice law in Australia and is, thus, equivalent to the Juris Doctor (J.D) in the US. The University of Melbourne is the only Australian university which has adopted the US practice in which students first do a generalist undergraduate degree followed by a professional postgraduate degree and this is a recent occurrence, having been introduced in 2008. At the University of Melbourne the last intake of law students into the LLB occurred in 2007 and their law graduates now receive a J.D instead of an LLB.
In the US, one might criticize use of University law reviews for an exercise such as this on the grounds that the articles are selected by student, rather than faculty, editors and publication decisions are often based on decisions other than strictly quality. However, it should be noted that each of the Australian law reviews have faculty editors as well as student editors and, unlike in the US, all manuscripts submitted to University law reviews are subject to a double-blind peer review process.
The major ranking of law journals in the US is the Washington and Lee University Law Journal Rankings. These rankings formed the basis for the original ERA 2010 rankings. The original list, however, was later modified in recognition of the fact that the Washington and Lee University Law Journal Rankings draws its citation data from Westlaw, which only contains a limited number of Australian law journals. Hence, the rankings were heavily tilted against Australian journals. As the Chair of the Australian Law Dean’s Council noted at the time the ERA rankings were being compiled, “the judgments and quality on which the Washington and Lee list was constructed reflect the interests and concerns of courts, of practitioners and legal academics writing on United States law. Those judgments have little, if any, connection with law or legal writing in Australia” (Ford 2009).
Google Scholar has been subjected to various criticisms (see eg. Jasco 2010). However, there is now evidence that these criticisms have been addressed (Harzing 2010, 2013). Consequently, Google Scholar has been suggested as a viable alternative to Scopus and ISI Web of Science to measure citations in disciplines other than the hard sciences (Harzing 2013).
We exclude education-focused faculty because, by definition, this group is not expected to do research as part of their employment and our focus is on comparing the research productivity of inbred versus non-inbred faculty. While excluding education-focused faculty follows the approach in previous studies, it might be argued that inbred faculty are concentrated in education-focused roles. If this is the case, excluding education focused faculty might mean that we are comparing the whole spectrum of non-inbred faculty with the very best inbreds alone, which would be a limitation. We do not see this as a major problem in this study, though, because there are very few education-focused faculty listed on the websites of Australian law schools, suggesting there is not large numbers of inbred faculty we are missing by not considering education-focused roles in our analysis.
We entered the person’s full name in quotation marks into the advanced search option for Google Scholar. We addressed the potential for false “hits” as follows. Following the approach in Sisk et al. (2012), when an individual had a common surname or when the first set of 20 results in the Google Scholar search uncovered false “hits,” we did not rely solely on the raw search result count. Instead, we examined the first 50 results (or all results if there were fewer than 50), compared them to a list of publications by that faculty member, identified which of the first 50 results were to the person under study, and then applied the percentage of correct hits in that first 50 to the full search results.
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Smyth, R., Mishra, V. Academic inbreeding and research productivity and impact in Australian law schools. Scientometrics 98, 583–618 (2014). https://doi.org/10.1007/s11192-013-1052-2
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DOI: https://doi.org/10.1007/s11192-013-1052-2