Abstract

Bornstein has proposed a manuscript submission process based on an adversary legal model, with the manuscript, like a criminal defendant, being presumed innocent unless and until proven guilty by the referees, who act as "prosecutors." The author would be provided with an opportunity for rebuttal, and the associate editor would serve as the trial judge, deciding whether the piece should ultimately be published. The editor-in-chief would hear appeals from decisions made by the associate editor. While there is much to be said about this adversary approach, this paper points out certain problems in using the criminal case as a model. The most significant problem is that the burden of proof is not properly allocated. A better model would be that of the civil law suit, where the plaintiff carries the burden of proof to establish the strength of the claim . This paper also suggests certain modifications to Bornstein's proposal, such as publication of the referees' comments and the author's rebuttal. Although Bornstein's proposal, as modified herein, would not solve all of the problems Bornstein has identified with the current submission process, this paper concludes that the new procedure would do much to advance the science