November 24, 2015

Thankful for the Financial Times (Michael Simkovic)

This Thanksgiving, I'm thankful for the Financial Times.  

While some leading business and financial newspapers have adulterated their coverage to appeal to a mass audience or reduce costs, the Financial Times continues to produce high quality, fact-based reporting about serious business, financial, and economic issues.  The FT's target audience continues to be legal and financial professionals who are prepared to pay a premium for reliable information.  The FT includes a minimum of hyperbole and fluff.  It also offers a more global perspective than most U.S. papers, while still providing strong coverage of important U.S. issues.  

For the last 5 years, I've routinely recommended the FT to students in my business law classes, who are generally more familiar with U.S. papers.  The FT is available on Lexis (with a few days delay), but is well worth the cost of a subscription.  

If you're not a regular reader of the FT, but have been following U.S. newspapers' higher education coverage, you can get a sense of the differences between the FT and U.S. newspapers' approach across subject areas by reading this article about fees at public UK universities exceeding those at U.S. universities.  The article is entirely focused on costs and benefits of education and how those costs and benefits are distributed between students, government, and employers.  There are no unrepresentative anecdotes, no histrionics, only summaries of data.  When advocacy groups are cited, their interests are noted.  This is what journalism can and should be.

Pearson recently sold the FT to Nikkei.  Hopefully the new owners maintain the FT's high quality. 

November 24, 2015 in Guest Blogger: Michael Simkovic, Of Academic Interest, Professional Advice, Student Advice, Weblogs | Permalink

November 23, 2015

More signs of the times: Gonzaga offers buy-outs to all tenured faculty...

...and four accept, which will apparently address the immediate budgetary issues resulting from a nearly one-third decline in enrollments.

November 23, 2015 in Legal Profession, Of Academic Interest | Permalink

November 20, 2015

Hate crime Harvard Law School

November 17, 2015

Roger Williams Law extends tuition freeze for another year

Press release here.

November 17, 2015 in Legal Profession, Of Academic Interest | Permalink

November 16, 2015

Against student-edited law reviews, once again

Lawyer/philosopher Ken Levy (Louisiana State) comments.

My impression is that many of the student-edited law reviews are now seeking faculty input into acceptance decisions, though not generally at the initial screening stage.  What are the impressions of others?  (I do not submit very often to student-edited law reviews, so my sample size is small.)

November 16, 2015 in Of Academic Interest, Professional Advice | Permalink | Comments (2)

November 12, 2015

New America Foundation versus College (Michael Simkovic)

In the Los Angeles Review of Books, Frank Pasquale reviews "The End of College" by Kevin Carey of the New America Foundation:

"Tax-cutting, budget-slashing politicos are always eager to hear that education could be much, much cheaper. . . . “disrupting education” mobilizes investors and excites startups. Kevin Carey’s The End of College is the latest book to seize the imagination of disrupters. It touts massive changes for post-secondary education. . . .


[Carey] believes things need to change drastically in higher ed, and that they will change. But bridging the gap between “is” and “ought” is a formidable task — one Carey tries to solve by muckraking indictments of universities on the one hand and encomia to tech firms on the other. . . .  In The End of College, Silicon Valley thought leaders are as pragmatic, nimble, and public-spirited as university administrators are doctrinaire, ossified, and avaricious. . . . They’ve devised methods of teaching and evaluating students that solve (or will soon solve — Carey vacillates here) all the old problems of distance education.


Online learning at the University of Everywhere could eventually improve outcomes — or degenerate into an uncanny hybrid of Black Mirror and Minority Report. Big data surveillance will track the work students do, ostensibly in order to customize learning. . . . Want to prove you aren’t faking exams? Just let cameras record your every move and keystroke — perhaps your eye movements and facial expressions, too. . . . Certainly we can trust Silicon Valley to respect our privacy and do nothing untoward with the data! . . . 


Silicon Valley has even lured universities into giving away lectures for free. The colleges think they’re establishing good karma with the public, but disrupters hope for a more chaotic endgame: students deciding to watch free courses, then proving their credentials to certifiers who give out “badges” to signify competence in a skill set. . . . It could be a very profitable business. As students pay less for actual instruction by experts, they have more money to spend on badges. . . . 


Carey implies that faculty opposition to MOOCs is simply a matter of self-interest. His concerns about greed, so prominent when he discusses universities, fade away when he rhapsodizes about ed tech’s “disruptive innovators.” . . . One of Carey’s heroes . . . had a no-bid contract to MOOCify San Jose State University math instruction, only to see the partnership pause after “no more than 51 percent of Udacity students passed any of the three courses” (while “74 percent or more of the students in traditional classes passed”). . . .


Traditional college education endures — and even those who dismiss it rarely, if ever, try to dissuade their own children from attending a university. If colleges were really so terrible at preparing the workforce, the college earnings premium would have disappeared long ago. . . . [E]mployers are unlikely to subscribe to Carey’s [alternatives to college].


So why bother reading Carey? Because, like Donald Trump blustering his way to the top of the Republican field by popping off shocking sentences, Carey’s rhetoric has political heft. To the extent it gains traction among education policy staffers (and the student loan companies that love to hire them), it changes the debate. The End of College is a master class in translating an elite project of privatization and austerity into bite-sized populist insults, even as it sings the praises of powerful corporations.


Carey claims he wants dramatically better educational opportunities for all. But that goal will require more public support . . .  Many millionaires and billionaires want to see their taxes go down . . . Before touting D.C. researchers’ “findings” and “big idea books,” the media and indeed all of us should look closely at exactly what interests are funding the think tanks behind them."

November 12, 2015 in Guest Blogger: Michael Simkovic, Law in Cyberspace, Of Academic Interest, Web/Tech, Weblogs | Permalink

November 11, 2015

Sleazy lawyer Marc Randazza gets caught

A number of law professors have been sharing the news on Facebook.   Randazza first emerged on my radar screen as the lawyer defending Anthony Ciolli of Autoadmit notoriety, and later represented the slimy gossip blog, Above the Law.   He always struck me as a bit creepy, but he's got bigger troubles now.  A strange but not wholly surprising ending.  (Randazza is challenging the arbitration decision in Nevada courts, so we'll see if there isn't another chapter.)

November 11, 2015 in Law in Cyberspace, Legal Profession, Of Academic Interest | Permalink

November 09, 2015

A look at Northeastern Law

Bill Henderson (Indiana) takes a look at the beliefs, attitudes, and aspirations of alumni of one law school.  Interesting read, in three parts (so far).

November 9, 2015 in Legal Profession, Of Academic Interest | Permalink

November 03, 2015

Failed the Bar Exam? Try Again (Michael Simkovic)

Noah Feldman recently argued that law schools are not helping students with low standardized test scores by denying those students the opportunity to attend law school simply because those students might find it challenging to pass the bar exam.*  According to Feldman, denying people an opportunity to try to improve their situation in life is “paternalism that verges on infantilization.” Moreover, “A standardized test score, taken alone, shouldn't determine your future.”

Feldman’s perspective is bolstered by an important feature of bar exams:  People who fail an exam can study harder and then retake it.

Standardized test scores might predict the likelihood of passing the bar exam on a single try.  But a more important question is arguably whether an applicant can eventually pass a bar exam.  Delays in bar passage can have short-term financial costs, entail logistical challenges and stress, and in rare instances where employers require recent hires to practice law without supervision, even result in the loss of a job.  But most law graduates won’t lose their jobs for retaking the bar exam, and an individual who passes after multiple attempts will have the same license for the rest of his life as one who passes on the first try.** 

Many law schools maintain exclusive admissions, not necessarily for the benefit of the students to whom they deny admission, but rather for the benefit of prospective employers and clients—in other words, to maintain a brand that suggests certain qualities above and beyond the ability to pass a bar exam.  Different law schools have different brands. 

The probability of eventually passing the bar exam is a function of how many times an applicant is willing to try.***  A bar exam taker with only a 50 percent chance of passing on any one try has an 88 percent chance of passing the bar exam if he is willing to retake the bar exam up to two times, and a 94 percent chance of passing if he is willing to retake it up to 3 times.

Probability of Eventually Passing the Bar Exam as a Function of Number of Tries


Probability of Passing on Each Try






Number of Tries

Cumulative Probability of Passing


























These model-driven calculations seem to map well to the real world.  For example, Florida Coastal—which admits many students with very low LSAT scores—reports that although its first time bar passage rate is much lower, 93 percent of its graduates eventually pass the bar exam. 

How motivated is a particular law school applicant?  This is something an applicant is likely to know better than a law school admissions officer.  For those with grit and determination, failure is often temporary.  And anecdotally, law graduates have failed bar exams and gone on to have successful careers.

It would be strange if newspapers claimed that those who fail a road test on the first try are doomed to never obtain a drivers license, will never be able to hold down a job, and should never have enrolled in high school in the first place.  But in the world of legal education, members of the press too often make comparably misinformed claims about law students and the bar exam. 

Continue reading

November 3, 2015 in Guest Blogger: Michael Simkovic, Legal Profession, Of Academic Interest, Professional Advice, Weblogs | Permalink

November 02, 2015

Law school Deans and others respond to NYT editorial...