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Foreword: The Evolution of the BLJ

FOREWORD : E VOLUTION OF THE B RANDEIS L AW J OURNAL

David Kratzer*

hen the members of the editorial board asked me to write this introduction, I was initially hesitant; the first three introductions were written by notable scholars and the Brandeis Law Journal community includes many supportive alumni, professors, and professionals who have expressed interest in contributing to the Journal. These past three years have taught me to trust my fellow editors, however, and the editorial board wants the introduction of Volume 4 to reflect how the publication has changed over the past three years. Understanding the Journals evolution requires knowledge of where it began. The first experience most people had with the Brandeis Law Journal, myself included, was seeing the Journals founder, Judah Marans 11, distribute Volume 1 of the Journal outside of the Usdan Student Center. The exacting standards to which the inaugural issue was printed, the introduction by famed lawyer Alan Dershowitz, and the prestige associated with being one of the few undergraduate legal publications in the country led to a strikingly impressive inaugural issue. To be a part of these accomplishments is why I joined the editorial board. As I think back on this first memory, however, it becomes imminently clear that these are not the reasons the Journal was such a valuable piece of my undergraduate experience, or why I enjoyed it so much, or even why I am proud to have played a role in the publishing of Volumes 3 and 4. The polish of the finished Journal represents a steep learning curve of applying the example of graduate legal publications and the Bluebook to the undergraduate environment, an educational experience that is immensely valuable. What was even more
* David Kratzer was the editor-in-chief of the Brandeis Law Journal from Fall 2011 to Spring 2013. He currently works as a consultant for Public Financial Management.

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valuable, however, were the moments where there was no example. The Bluebookthe standard of citation the Brandeis Law Journal and many other legal publications use to document the flow of ideas from sources to articleshas answers for most situations, as you would hope a style guide with 511 pages would. And a late night pouring through hundreds of individual footnotes with the Bluebook is an excellent teacher of attention to detail and academic rigor. But then there are the moments when this guide is silent. Moments of uncertainty, filled with animated debate amongst the members of the editorial board, where not only the answer, but the means of finding the answer, are uncertain. In these moments we were able to learn and grow as both a publication and as individuals. The truly valuable aspect of the Journal is that it perpetually provides such moments, never allowing us to forget how much more there is to learn. The editorial board has learned along with the authors whose works we have had the privilege to edit and subsequently publish in this journal. In my experience, working with these authors has been the most enjoyable facet of the editing process. The Brandeis community is gifted with an abundance of intelligent minds but also, even more importantly, an insatiable academic curiosity. The process of constructing a rigorous legal argument provides the opportunity for many periods of uncertainty. There are moments when, on page 20, in the middle of writing his or her article, an author comes to the editorial board with no idea of how to move the argument forward. We are fortunate that the undergraduate authors we have had the pleasure of working with, rather than shying away from these moments, embrace them. It is in this moment that they are most purely engaged with the issue. Sometimes their conclusion changes, other times their initial ideas become even more solidified, but they always emerge with a greater understanding than at the outset of their writing. Sharing in even a small sliver of this excitement is immensely gratifying. What I am most proud of is even clearer. Kochava Ayoun and Jake Lurie, both senior editors of this volume, represent the strongest leadership the Brandeis Law Journal has ever had. Many of you have likely heard of Jake, especially if you have ever visited

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Foreword: The Evolution of the BLJ

the Journals booth at an admissions or activities fair, since he is the stock example we use to illustrate the Journals universal appeal: a pre-medical student who, in his spare time, enjoys correcting Bluebook citations. What we do not always have time to mention, however, is that Jake, a senior editor since his sophomore year, exemplifies our new model of working with authors from abstract to final copy and focusing on developing, rather than judging, submissions. Kochava, the publications new editor-inchief, joined the Journal as chief copy editor and, even during her semester abroad, has always been a leader among her fellow editors. Going forward from this Volume, she is the ideal person to guide the Journal through whatever moments of uncertainty are sure to come. I am no longer needed, and proud. That is where we are today. The Journal was built on Judahs vision and determination. The publication now thrives on the collective strength of the Brandeis community. The prestige and polish is accompanied by a deeper understanding of our role within the Brandeis community. The precious moments of academic discovery will ensure its endurance. On behalf of the editorial board, it is my pleasure to introduce Volume 4 of the Brandeis Law Journal. Thank you for your support and, above all else, please enjoy. David Kratzer Editor-in-Chief