April 22, 2016
Professor Paula Franzese of Seton Hall law school is something of a patron saint of law students. Widely known for her upbeat energy, kindness, and tendency to break into song for the sake of helping students remember a particularly challenging point of law, Paula has literally helped hundreds of thousands of lawyers pass the bar exam through her video taped Property lectures for BarBri.
Paula is such a gifted teacher that she won teacher of the year almost ever year until Seton Hall implemented a rule to give others a chance: no professor can win teacher of the year more than two years in a row. Since the rule was implemented, Paula wins every other year. She’s also incredibly generous, leading seminars and workshops to help her colleagues improve their teaching.
Paula recently wrote a book encouraging law students to have a productive, upbeat happy, and grateful outlook on life (A short & happy guide to being a law school student).
Paula’s well-intentioned book has rather bizarrely been attacked by scambloggers as “dehumanizing”, “vain”, “untrustworthy” and “insidious.” The scambloggers are not happy people, and reacted as if burned by Paula’s sunshine. They worry that Paula’s thesis implies that “their failure must be due to their unwillingness to think happy and thankful thoughts.”
Happiness and success tend to go together. Some people assume that success leads to happiness. But an increasing number of psychological studies suggest that happiness causes success. (here and here) Happiness often precedes and predicts success, and happiness appears to be strongly influenced by genetic factors.
Leaving aside the question of how much people can change their baseline level of happiness, being happier—or at least outwardly appearing to be happier—probably does contribute to success, and being unhappy probably is a professional and personal liability.
People like working with happy people. They don’t like working with people who are unhappy or unpleasant. This does not mean that people who are unhappy are to blame for their unhappiness, any more than people who are born with disabilities are to blame for being deaf or blind.
But it does raise serious questions about whether studies of law graduates’ levels of happiness are measuring causation or selection. We would not assume that differences between the height of law graduates and the rest of the population were caused by law school attendance, and we probably should not assume that law school affects happiness very much either.
April 01, 2016
March 24, 2016
CBS News reported as follows:
"Alaburda filed her lawsuit in 2011, seeking $125,000 in damages on claims of false advertising and misrepresentations by TJSL and an order preventing it from misleading students. Jurors awarded her nothing. . . .
Michael Sullivan, the attorney for the law school, said the jury verdict showed that TJSL does its best to provide accurate information on its graduates . . . Sullivan told the jury that Alaburda, 37, did not suffer any damages and that she went to TJSL because it was the only law school where she got accepted.
Once there, the plaintiff was awarded a $20,000 scholarship to help with tuition, making her total debt $32,000 after three years, Sullivan said. Alaburda decided not to work during her first two years of law school and within two months of graduating, had two job offers in the legal field, the attorney said.
Sullivan said the process of gathering employment data for graduates is "difficult'' and a "challenge'' for the school, but said there was "not a pattern of mistakes'' by TJSL. . . .
Eventually, Alaburda got a $60,000 job offer from a San Bernardino law firm and took a $70,000-a-year job with a legal publisher . . ."
March 16, 2016
Statistician and data visualization expert Hans Rosling recently took the media to task for misleading readers and viewers using unrepresentative anecdotes and ignoring contradictory data.
Rosling says "You can't trust the news outlets if you want to understand the world. You have to be educated and then research basic facts."
While journalists often depict the developing world as full of "wars, conflicts, chaos" Rosling says "That is wrong. [The press] is completely wrong.. . . You can chose to only show my shoe, which is very ugly, but that is only a small part of me. . . . News outlets only care about a small part but [they] call it the world."
Rosling complains that the slow but steady march of progress is not considered news.
Rosling is famous for his data visualizations, especially this video briefly illustrating 200 years of global progress toward health and prosperity. It's optimism for the data-driven set (and is a big hit in my business law classes).
February 09, 2016
The latest unscientific fad among law school watchers is comparing job openings projections for lawyers from the Bureau of Labor Statistics* with the number of students expected to graduate from law school. Frank McIntyre and I tested this method of predicting earnings premiums--the financial benefits of a law degree--using all of the available historical projections from the BLS going back decades. This method of prediction does not perform any better than random chance.** Labor economists--including those working at the BLS--have explicitly stated that BLS projections should not be used to try to value particular courses of study. Instead, higher education should be valued based on earnings premiums.
Bloggers who report changes in BLS projections and compare projected job openings to the number of students entering law school might as well advise prospective law students to make important life decisions by flipping a coin.
Many law graduates won't practice law. Many engineering graduates won't become engineers. Many students in every field end up working jobs that are not directly related to what they studied. They still typically benefit financially from their degrees by using them in other occupations where additional education boosts earnings and likelihood of employment.
And if one's goal really is to practice law even if practicing law is not more lucrative than other opportunities opened by a law degree, then studying law may not be a guarantee, but it still dramatically improves the odds.
* BLS job opening projections--which are essentially worthless as predictors for higher education--should not be confused with BLS occupational employment statistics, which provide useful data about earnings and employment in many occupations, including for lawyers.
** There isn’t even strong evidence that changes in the ratio between BLS projected lawyer job openings and law class size predict changes in the percent of law graduates who will practice law, although the estimates are too noisy to be definitive. Historically, the ratio of BLS projected openings to law graduates (or first year enrollments 3 years prior) has systematically under-predicted by a wide margin the proportion of law graduates practicing law shortly after graduation, although it is clear that a large minority of law graduates do not practice law.
February 9, 2016 in Guest Blogger: Michael Simkovic, Law in Cyberspace, Legal Profession, Ludicrous Hyperbole Watch, Of Academic Interest, Professional Advice, Science, Student Advice, Web/Tech, Weblogs | Permalink
February 03, 2016
December 14, 2015
A recent New York Times editorial attacking law school as “a scam” was widely criticized because of its exaggerations and factual inaccuracies (here and here). The dean of Florida Coastal, which The New York Times specifically targeted for opprobrium, wrote “the Times is saying something demonstrably false and which had not been properly fact checked. . . . [T]he Times could have had [accurate information] if it had simply asked. . . the Times . . . misled its readership by failing to properly fact check.”
Felix Salmon, contemplating recent journalistic controversies, argues that fundamental problems with journalistic methods lead errors to go undetected and unchallenged. According to Salmon, the risk is particularly high when errors originate with a powerful newspaper like The New York Times. Glenn Greenwald similarly notes the alarming pervasiveness of factual errors by respected media organizations, and how consumers rarely spot these errors unless they personally have intimate knowledge of the subject of the article—for example because they are the subject. A large survey found that news sources rarely correct errors because they believe that journalists ignore serious mistakes. Sources also fear that if they push for a correction, the media will retaliate.
To better understand the press’s incentives to carefully research their stories, I asked leading media law scholars to discuss whether The New York Times law school editorial raised any legal issues. According to both my Seton Hall colleague Thomas Healy and Howard Wasserman of Florida International, The New York Times has little reason to fear liability, even if it negligently supplies information that is poorly researched, misleading, or harmful.
Howard M. Wasserman, Professor of Law, FIU College of Law
Facts, Damn Facts, and Statistics (full analysis):
Neither Florida Coastal School of Law nor its owner, InfiLaw, has threatened to sue The Times for defamation over its October 24 op-ed. Any such lawsuit would be futile in the face of stringent First Amendment protections against defamation liability. . . .
December 02, 2015
Developer of Law School Admission Test (LSAT) Disputes Advocacy Group's Bar Exam Claims (Michael Simkovic)
The Law School Admission Council (LSAC)--the non-profit organization which develops and administers the Law School Admission Test (LSAT)--recently issued a press release disputing claims by the advocacy group "Law School Transparency" about the relationship between LSAT scores and bar passage rates. "Law School Transparency," headed by Kyle McEntee, prominently cited the LSAC National Longitudinal Bar Passage Study (1998) as a key source for "Law School Transparency's" claims that many law schools are admitting students who are unlikely to pass the bar exam based largely on their LSAT scores. McEntee's group's claims of bar passage risk were widely disseminated by the national press.
However, according to LSAC, the Longitudinal Bar Passage Study does not provide much support for "Law School Transparency's" claims. Moreover, "Law School Transparency's" focus on first time bar passage rates is potentially misleading:
"The LSAC [National Longitudinal Bar Passage] study did state that 'from the perspective of entry to the profession, the eventual pass rate is a far more important outcome than first-time pass rate.' This statement is as true today as it was 25 years ago. As noted by LST, the LSAC study participants who scored below the (then) average LSAT score had an eventual bar passage rate of over 90 percent.
Kyle McEntee and David Frakt responded to some of LSAC's critiques--partly on substance by pointing out disclaimers in the full version of "Law School Transparency's" claims, partly by smearing the technical experts at LSAC as shills for law school--but notably did not explain why "Law School Transparency" chose to focus on first time bar passage rates rather than seemingly more important--and much higher--eventual bar passage rates.
Eventual bar passage rates were the focus of the National Longitudinal Bar Passage Study. The LSAC study's executive summary highlights eventual bar passage rates and detailed data is presented on page 32 and 33. Even among graduates of the lowest "cluster" of law schools, around 80 percent eventually passed the bar exam.
According to LSAC:
"The LSAC National Longitudinal Bar Passage Study was undertaken primarily in response to rumors and anecdotal reports suggesting that bar passage rates were so low among examinees of color that potential applicants were questioning the wisdom of investing the time and resources necessary to obtain a legal education."
"Law School Transparency" has revived similar concerns, but without a specific focus on racial minorities.*
There may be legitimate concerns about long term eventual bar passage rates for some law students. However, "Law School Transparency's" back-of-the-envelope effort, focused on short term outcomes, does not provide much insight into long-term questions. The most rigorous study of this issue to date--the LSAC National Longitudinal Bar Passage Study--concluded that "A demographic profile that could distinguish first-time passing examinees from eventual-passing or never-passing examinees did not emerge from these data. . . . Although students of color entered law school with academic credentials, as measured by UGPA and LSAT scores, that were significantly lower than those of white students, their eventual bar passage rates justified admission practices that look beyond those measures."Unfortunately, some newspapers reported "Law School Transparency's" bar passage risk claims in ways that suggested the claims were blessed by LSAC, or even originated from LSAC. For example, one prominent newspaper's editorial board wrote that "In 2013, the median LSAT score of students admitted to [one law school] was in the bottom quarter of all test-takers nationwide. According to the test’s administrators, students with scores this low are unlikely to ever pass the bar exam."
November 24, 2015
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 12, 2015
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."