Editorial Policy for The ELSA Malta Law Review

 

1. SUBMISSIONS

 

1.1. Contributions to the ELSA Malta Law Review (the ‘Review’) include articles, legal updates, case comments, book reviews, and book squibs (‘Contributions’).

 

1.2. Each Contribution shall be submitted to the Editorial Board of the Review (the ‘Board’) using the submission form made available on the Review’s website. For anonymity’s sake, details of the author’s institutional affiliation, full address and other contact information should be filled out on the submission form and will not be included anywhere in the Contribution itself.

 

1.3. All Contributions shall be made in British English.

 

1.4. All Contributions shall adhere to the following word counts:

 

 1.4.1. 4,500 to 8,500 words for articles;

 

 1.4.2. 3,000 to 4,000 words for case comments, legal updates; and

 

 1.4.3. 1,000 to 2,000 words for book reviews.

 

All word counts exclude footnotes.

 

1.5. All Contributions submitted to the Board shall comply with the second edition of the Modern Humanities Research Association Style Guide and the ELSA Malta Law Review Citation and Style Guide. When in conflict, the ELSA Malta Law Review Citation and Style Guide shall prevail over the Modern Humanities Research Association Style Guide.

 

1.6. All notes shall appear as footnotes. They shall comply with the fourth edition of the Oxford Standard for the Citation of Legal Authorities and the ELSA Malta Law Review Citation and Style Guide. When in conflict, the ELSA Malta Law Review Citation and Style Guide shall prevail over the Oxford Standard for the Citation of Legal Authorities.

 

1.7. Where conflict arises between the Modern Humanities Research Association Style Guide and the Oxford Standard for the Citation of Legal Authorities, the latter shall prevail.

 

1.8. Contributions, with the exception of legal updates, shall not simply summarise the law or existing literature on a particular topic, but shall add a new dimension to the current debate or to the author’s own informed conclusions and propositions.

 

2. EDITORIAL REVIEW PROCESS

 

2.1. Once the Contribution has been submitted using the submission form, the Editor in Chief (the ‘EiC’) will submit each Contribution through the plagiarism detection system ‘Turnitin’ (the ‘PDS’). Each author consents to the use of the PDS.

 

2.2. If the Contribution is cleared by the PDS, the EiC will either review the article himself or herself, or assign it to another Editor on the Board. The EiC shall not disclose the identity of the author until the editorial review process is over.

 

2.3. The Editor shall ensure that the Contribution is of high academic standards and that it complies with clauses 1.2 to 1.8 above.

 

2.4. If the PDS finds that the Contribution is plagiarised, the EiC shall send a Letter of Rejection to the author as per Clause 4.1 below.

 

2.5. Following initial review by the Editor, he or she shall write a Request Letter to be sent to the author. The letter shall call on the author to address and amend any shortcomings the Contribution may have. The letter will include comments and track changes made by the Editor.

 

2.6. The Request Letter and the amended Contribution shall be sent to the EiC.

 

2.7. The EiC shall then send the Request Letter to the author, together with the amended Contribution. The EiC shall correspond with the author, with the ultimate aim of publishing the Contribution. Such correspondence shall be carried out in an adequate and polite manner.

 

2.8. Where the EiC has elected to edit the Contribution, he or she shall be bound by clauses 2.3 and 2.5.

 

2.9. If the Board has recommended a Contribution for publication, the EiC shall then send the amended Contribution to at least two peer reviewers, who are considered experts on the subject. The assigned peer reviewers shall review the Contribution and submit their comments and feedback regarding the Contribution to the EiC. The assigned peer reviewers shall also communicate to the EiC whether they are of the opinion that the Contribution merits publication in the Review. The assigned peer reviewers may recommend that the author effects changes.

 

2.10. It will be within the discretion of the EiC as to whether a Contribution merits publication in the Review. The EiC shall however consider the conclusions of the assigned peer reviewers and the conclusions of the respective Editor assigned.

 

2.11. The EiC shall communicate to the author the conclusions of the peer reviewers, including any comments and recommendations submitted by each.

 

2.12. Should the author decide to adopt and implement the comments and recommendations, the Contribution will be re-assigned to another Editor on the Board for a final review.

 

2.8. The Board shall not accept requests for expedited review.

 

3. EXCLUSIVITY

 

3.1. The Review shall publish original articles and research papers. Contributions shall be accepted for publication based on the understanding that their contents, all or in part, have not been published elsewhere and will not be published elsewhere, except in abstract form or by the express consent of the Editor. This is subject to the provisions of clause 11 below.

 

4. WITHDRAWAL

 

4.1. Once the author has submitted his or her Contribution, he or she may not withdraw such Contribution from the editorial review process without the consent of the Board.

 

4.2. If the author unilaterally withdraws such Contribution, the Board reserves the right to:

 

 4.2.1. refuse submissions from the author for a reasonable period of time, not exceeding two (2) years; or

 

 4.2.2. inform the author’s home institution of such withdrawal.

 

4.3. If the Board discovers that a Contribution has been published elsewhere, it may assume that the author has withdrawn his or her Contribution.

 

5. REJECTIONS

 

5.1. The EiC shall send a Letter of Rejection in the event that the contribution fails to comply with the Editorial Policy, despite the fact that the shortcomings have been repeatedly identified and indicated to the author. The Letter of Rejection shall express the Board’s intention not to publish the contribution.

 

6. TEMPORARY ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS

 

6.1 Upon submission of the Contribution, the author temporarily assigns all intellectual property rights attached to the Contribution to the Board until a decision as to is publication in the Review is reached.

 

7. COMPLAINTS

 

7.1. All grievances are to be dealt with by the EiC. Replies to written complaints are to be sent within 15 working days, providing the EiC is not abroad or unfit to work. Should the EiC not be in a position to respond, he or she shall delegate the task to another Editor on the Board.

 

7.2. Letters of apology and clarifications shall be written by the EiC. It shall be the duty of all Board members to immediately inform the EiC should they have come to know of any grievances with regards to articles published or rejected by the Review.

 

7.3. The Board members shall be bound to immediately inform the EiC of any dissatisfaction expressed by contributors due to any misprint in their Contributions.

 

7.4. If the aggrieved person is dissatisfied with the Board’s replies to his or her complaint, he or she may address his or her grievance to the Advisory Board as established by Clause 10 of the Charter of the ELSA Malta Law Review. within 30 days from the date of the final correspondence exchanged with the Board.

 

7.5. Errata and apologies shall be printed in the following edition of the Review.

 

8. COMMENTS

 

8.1. The Board welcomes the submission of any comments on previously published contributions.

 

The comments shall be reviewed by an Editor on the Board. Such Editor must be unaffiliated with the author and the original article in order to ensure impartiality as to the nature of the comments, thus assuring that the submitted comment is both accurate and genuine.

 

8.2. If a comment is accepted for publication, the original author will generally be invited to reply. All other editorial requirements, as enumerated above, apply to proposed comments.

 

8.3. Comments may be published anonymously at the discretion of the EiC, provided the identity of the author is known to him or her.

 

8.5. Comments that advertise commercial goods will not be published.

 

8.6. Comments to be published under this Section shall comply with this Editorial Policy.

 

9. PROHIBITED MATERIAL

 

9.1. Any Contributions which contain:

 

 9.1.1. any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights (unless the author is the owner of such rights or has permission from their rightful owner);

 

 9.1.2. falsehoods or misrepresentations that could damage ELSA Malta, the Review or any third party; or

 

 9.1.3. any material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, otherwise disruptive to civil debate on the Review, or encourages conduct that would be considered a criminal offence, give rise to civil liability, or violate any law; shall automatically be prohibited from being published in the Review.

 

Furthermore, EiC reserves the right to remove any contributions or comments from the Review’s website if there is reason to believe that the materials are in violation of this Editorial Policy.

 

10. OPINIONS EXPRESSED IN THE REVIEW

 

10.1. Statements expressed in the Review reflect the views of the authors and are not necessarily the policies of the Review, unless so identified.

 

11. OTHER CONDITIONS

 

11.1. All Contributions published in the Review shall also be uploaded on the Review’s account on the Social Science Research Network.

 

11.2. Proprietary rights on all Contributions published in the Review shall be regulated by the ‘Creative Commons Legal Code: Attribution-NonCommercial-NonDerivs 2.5 (MALTA) Licence’.

 

12. PUBLICATION

 

12.1. The Review shall, subject to any unforeseen circumstances, be published by mid-August of each calendar year latest.

 

13. DISCLAIMER

 

13.1. The Review disclaims all liability for damages arising out of the use of any information provided in it, including special and consequential damages, expenses, or other claims. The Review specifically disclaims any warrant, guarantee, or representation as to the correctness, accuracy, reliability, timeliness, fitness of purpose, or use of this information. The Review further accepts no responsibility for statements made by contributors or claims made by advertisers, nor does the publication of advertisements constitute or imply endorsement.