The open access movement in legal scholarship, inasmuch as it is driven within the law library community over concerns about the rising cost of legal information, fails to address - and in fact diverts resources from - the real problem facing law libraries today: the soaring costs of nonscholarly, commercially published, practitioner-oriented legal publications. The current system of legal scholarly publishing - in student-edited journals and without meaningful peer review - does not face the pressures to increase prices common in the science and health disciplines. One solution to this problem is for law schools to redirect some of their resources - intellectual capital, reputation, and student labor - to publishing legal information for practitioners rather than legal scholars.
Law Library Journal
James G. Milles, "Redefining Open Access for the Legal Information Market," Law Library Journal, Vol. 98, No. 4 (Fall 2006).