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Feb 28, 2015 at 17:23 history edited Bill Barth CC BY-SA 3.0
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Feb 28, 2015 at 15:26 comment added Bill Barth @user6726, I doubt other offers count as quantifiable damages in a US court, but IANAL. How much money did the prof lose as a direct consequence (not some future failure to get a raise, etc) by the failure of the journal to publish? I doubt seriously that this journal is going to get sued if they don't publish, but they should talk to their attorney. Everyone agrees that this is bad behavior, but I don't think the prof can force OP to publish. There's plenty of discussion on the opposite problem out there, btw.
Feb 28, 2015 at 5:37 comment added user6726 en.wikipedia.org/wiki/… lists a number. I believe that "publishing X" and "X to be published" constitute the consideration, as with all royalty-free publishing. The best legal hope may be that there was no meeting of the minds, based on the journal's unannounced (?) intent to assert in the future a right to terminate the agreement at its sole discretion, and that seems a bit sketchy. "Turned down other offers" points to damage, so the question would be, how much.
Feb 28, 2015 at 3:24 comment added Bill Barth @NateEldredge, I think this is really important. Also, what other field besides the law, has a tradition of student-edited journals?
Feb 28, 2015 at 2:22 comment added Nate Eldredge Oh, interesting thought; in particular the mention that the author "turned down other offers" suggests we are in a field in which multiple submission is acceptable, and so other norms may also be different from my experience.
Feb 28, 2015 at 0:47 history edited Bill Barth CC BY-SA 3.0
forgot a word
Feb 28, 2015 at 0:33 history answered Bill Barth CC BY-SA 3.0