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February 14, 2011

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Matt Bodie

We here at SLU have certainly benefited from being able to hire a terrific group of junior folks in the last few years. Regarding the lateral question, I'm curious about the overall demographic trends: do you think there be more retirements than usual in the next ten to fifteen years?

mike livingston

My impression is that there are a large number of schools looking for more or less the same thing: low cost (which favors entry-level candidates) and low risk (which means people in fellowship programs or who have otherwise done a lot of writing before being hired). The effect is something like a high school dance: everyone is chasing the same small number of candidates while most of the rest are ignored. Does that mean there will be more lateral hiring in future years? Maybe, but only if the people being hired at lower- and middle-tiered schools are actually better, as opposed to merely safer, than those hired in the past. If the past is any guide, there may be little correlation between how candidates look now and how they look a couple of years down the road.

Orin Kerr

I share Brian's skepticism.

In the last 20 years, entry-level hiring at so-called "lower tier" schools has been getting tougher (for the candidate) and better (for the school) even without the current economy. More and more top law graduates realize that teaching law is pretty much the best job there is, and the web has helped potential candidates learn what they need to know to get the job. As a result, entry-level hires at lower-tier schools are getting better and better even if every schools is filling lots of slots.

In my view, this overall trend does suggest that more schools should do more lateral hiring rather than rely on entry-levels. But that's true largely independently of short-term dips or crests in the number of spots available in a given year. And as Brian suggests, the fact that schools *should* engage in more lateral hiring doesn't mean they will.

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