A number of law reviews, especially those just below the very top rank, use a technique called the "exploding offer."(8) It has been customary for a law review to agree that an offer it extends shall remain open for two weeks.
Keepers should also be accepted immediately, given an exploding offer, and the author should be given no special accommodations.
This recommendation comes at a time when competitive hiring technique known as an "exploding offer
" appears to be growing in popularity.
A few judges and some professors claim that this alternative sharply decreases cartels' troubling parameters, actually limits the East Coast advantage, fostering closer review of students and better clerks' more widespread distribution, and restricts other questionable devices, which include cheating and exploding offers. (19)
Some oppose cartels, want more freedom of action, or find the plan tolerates inefficiency, nontransparency, "cheating," and "exploding offers." Kozinski, supra note 3, at 1716 (advocating a free market approach); Aaron L.
The authors identify the term "exploding offers
" within their discussion of student recruitment.
Roth, NBER and Harvard University, "Market Culture: How Norms Governing Exploding Offers
Affect Market Performance"