Thursday, September 26, 2013
Co-blogger Dan noted its appearance the other day, and I've now had a chance to look at it. Most of what was good and sensible is still there, but, alas, most of what was bad and unsupported is also still there (there were some minor edits, e.g., noting Income-Based-Repayment). As others have noted, there are still a lot of fact-free assertions, on the basis of which recommendations are then predicated. And, more disappointingly, the fact-free smear that "a substantial" number of law faculty "sought out their positions because those posts reside largely outside market- and change-driven environments" (p. 15) remains in this draft. People have lots of motives for going into law teaching, but I don't think I've ever met anyone for whom this was the motive. That this gratuitously stupid line still appears in the draft report indicates that there's someone on the committee with an idee fixe (but not much intellectual judgment!). If the ABA Task Force actually wants law faculty to take the report seriously, it would do well to remove lines like this which will alienate one part of the intended audience.