January 07, 2019
...by creating a competitor hiring conference (the Blog Emperor reprints the self-serving announcement in its entirety, although at least Professor Weaver dropped some of his earlier false claims about its purpose). I'm not aware of any other academic field where there are competing hiring conferences. Their absence is easy to explain: it's costly enough--in time and money--to seek an academic job, without having to think about going to two different conferences. In other fields, the main professional organization runs a hiring conference, which simplifes things for job seekers. I will be advising all Chicago candidates to ignore Professor Weaver's vanity project, and I would urge all hiring schools, including those that are part of SEALS, to boycott this process. More importantly, I urge all the placement directors at Yale, Harvard, Columbia, Michigan, Stanford, NYU, Virginia, Berkeley, Penn etc. to steer their candidates AWAY from this destructive undertaking. One hiring conference is enough.
(I asked Professor Weaver how many candidates actually participated in the SEALS workshop for prospective law teachers. The answer: 18.)
ADDENDUM: Professor Weaver is correct that AALS rips off both schools and candidates for participation in its process, so perhaps the AALS will seize this opportunity to reduce costs. And if the AALS does, then Professor Weaver will have accomplished something worthwhile.
ANOTHER: Brad Areheart (Tennessee), whom I had the privilege of working with when I taught at the University of Texas, writes: "As you may or may not know for the last several years I have run the Prospective Law Teachers Workshop at SEALS. It’s a pretty streamlined enterprise (mock job talks, mock interviews, and CV review sessions + a panel and networking with others on the market) but I think it’s a nice enough service for future law profs. We get dozens of applications each year and limit our workshop to just 12 people. We also usually have approximately 100 faculty who volunteer their time at SEALS to make this workshop run. I am writing you just to clarify that my workshop will continue to operate the same way that it has each year to this point. I have no involvement with the new hiring initiative." I'm sure Professor Areheart does an excellent job with this, and I commend him for his efforts in helping law teaching candidates.
December 16, 2018
The consulting firm McKinsey is a leading employer of graduates of elite law schools, business schools, medical schools, and other professional programs. The New York Times recently ran a piece attempting to link McKinsey to regimes that abuse human rights. McKinsey's response appears below.
Readers of this blog are probably familiar with how uneven in quality New York Times coverage can be in the higher education context. I would encourage readers not to jump to conclusions about McKinsey based on N.Y. Times coverage.
Note: I worked as consultant at McKinsey in New York approximately 10 years ago. I have published in the N.Y. Times within the last 3 years.
December 12, 2018
LSAC is rolling out several initiatives to make the LSAT more accessible, including a tablet-based version of the test that will increase the number and type of facilities that can serve as test administration centers, and will pave the way for more frequent test administration. LSAT takers will also be able to take the essay portion of the exam from home through "remote proctoring."
LSAC is also offering free online LSAT test preparation and practice questions.
A competing standardized test that is less universally accepted for law school admission, the GRE, is available at administration centers on an almost continuous basis.
Bar examiners might want to consider investing in technology to increase the frequency with which the bar is administered and reduce the amount of time it takes to grade.
December 01, 2018
AAUP investigation of Vermont Law School for "eviscerating tenure" could jeopardize Vermont's reaccreditation (Michael Simkovic)
The American Association of University Professors recently authorized an investigation of Vermont Law School following a restructuring that stripped most of Vermont's tenured faculty members of tenure and slashed their pay. The restructuring was reportedly undertaken without sufficient evidence of financial exigency and did not follow proper procedures. I've previously noted that if allegations prove true, this restructuring could present challenges for Vermont when it seeks to renew its ABA accreditation because the restructuring may violate ABA standard 405. A negative report from the AAUP could influence the ABA site visit team and the Section on Legal Education. Vermont's next site visit is scheduled for the 2019-2020 academic year.
Even without regulatory action, a negative report could severely damage Vermont's academic reputation. Vermont remains home to well-respected legal scholars, such as Jennifer Taub, but since the restructuring the overwhelming majority of its classes are taught by adjuncts and lecturers.
AAUP's announcement of the investigation appears below:
October 18, 2018
Interesting stats, but bear in mind three things: first, this includes only students who refinanced their law school loans; second, schools continue to be a bit slippery about how they report average starting salaries; and third, average starting salaries are sensitive to region of the country (any school that primarily places in NYC "big law" will come out with higher average salaries, all else equal). The strong performance by major regional schools--like BYU and Georgia--is striking.
August 08, 2018
The ABA recently voted to permit a dramatic expansion of online legal education.
Online education is controversial in higher education. It is even more controversial in legal education, which relies more on classroom interaction and less on lectures than most forms of higher education.
Widespread perceptions that online education is lower quality than live instruction in general—and may be particularly disadvantageous in legal education—are backed by numerous peer-reviewed empirical studies.
Proponents of online education argue that it is more convenient because students and faculty do not have to commute, or because students can learn at their own pace. They argue that it is potentially more cost effective, either because physical facilities need not be used, or because it is scalable, or because an artisanal model of teaching through knowledgeable faculty can be replaced with a less expensive, industrial model of low-skill specialized workers who each handle particular aspects of course development and teaching. Some argue that technology can be used to closely monitor and track students, and that the information gathered can be used to improve the quality of education.
Critics of online education argue that it is lower quality, that most students learn and absorb less, and that the social dynamic of the classroom and learning from one’s peers and interacting with alumni is a critical part of education. (In addition to multiple peer-reviewed studies, they point to recent examples of “online education” such as self-paced workplace training modules as examples of the low quality that can be expected.)
Critics point to the failure of MOOCS—which have extremely low completion rates (see also here)—as evidence of the limits of scalability. They point to the pricing and cost experience of most universities, which have seen high costs of developing and maintaining online courses and additional software licensing fees which have prevented them from charging much less for online classes than for those taught in person. And they point to a rash of cheating and distracted learning, which anecdotally seem to be more prevalent online than in person.
Perhaps the most empirically rigorous (and recent) study of online education to date—which relied on an experimental design with random assignment of students to different versions of the same introductory economics course—found evidence that “live-only instruction dominates internet instruction . . . particularly . . . for Hispanic students, male students, and lower-achieving students.” An earlier study which also used a quasi-experimental approach, found similar results, especially for complex conceptual learning:
“We find that the students in the virtual classes, while having better characteristics, performed significantly worse on the examinations than the live students. This difference was most pronounced for exam questions that tapped the students' ability to apply basic concepts in more sophisticated ways, and least pronounced for basic learning tasks such as knowing definitions or recognizing important concepts . . .
Choosing a completely online course carries a penalty that would need to be offset by significant advantages in convenience or other factors important to the student. . . . Doing as well in an online course as in the live alternative seems to require extra work or discipline beyond that demonstrated by our students, especially when it comes to learning the more difficult concepts.”
August 02, 2018
NALP data: When there are fewer law school graduates, there are fewer law school graduates with jobs (Michael Simkovic)
NALP entry level starting salaries and employment don't predict much of anything about what will happen three to four years from now when those currently contemplating going to law school will, if they choose to attend, graduate into a quite possibly very different economy. Nor is NALP data directionally very different from overall economic data like the employment population ratio which is released sooner.1 And while those graduating into a stronger economy do earn more (at least for the first few years), these cohort effects fade over time, those who graduate in a recession still benefit from their educations, and attempting to time law school is a money-losing proposition because of the opportunity costs of delay.
Nevertheless, every year NALP data on last year's graduating class is released with great fanfare, including a press release. In news that will surprise no one who has tracked the rise in the overall employment population ratio, it turns out that the class of 2017 had better employment outcomes than other classes since the recession. Or as NALP sexes it up for journalists, "Class of 2017 Notched Best Employment Outcomes Since Recession." (88.6% employed 9 months after graduation for the class for 2017, compared with 87.5% for the Class of 2016).
But, NALP unhelpfully informs us, there's a catch--the total number of law jobs for law graduates was lower even though the employment rate was higher.
This should not surprise anyone who is aware that the number of law school matriculants last peaked in 2010, and graduating class sizes have therefore been falling since 2013. From 1994 through 2015, the correlation between annual % change in graduating class size and annual % change in number of law graduates with jobs has been 0.78 (i.e., class size explains 61 percent of the variation in number of law jobs for recent graduates. (data here) The correlation is even higher since 1999 when reporting started covering a higher percent of the class--0.91 correlation, meaning that class size explains 82% of the variation in the number of law graduates with jobs.
There aren't fewer jobs available for lawyers. To the contrary, there are more lawyers working now than there were pre-recession according to both Bureau of Labor Statistics and Census Data (BLS OES, ACS, and CPS). There are fewer recent law graduates working as lawyers because there are fewer recent law graduates.
The employment market for educated workers is large and the number of law graduates is small relative to this market. Law schools are too small to move the market much on the supply side by admitting more or fewer students. Just as the typical investor could sell all of his or her shares of Apple without moving the market for shares of Apple (much less the S&P 500), the typical law school can admit as many or as few students as it wants without changing the overall percent of law graduates who will find jobs. (However, there’s some evidence that at the national level, the share of recent law graduates working as lawyers varies inversely with class size).
The usefulness of NALP data is questionable (at least for many of the uses to which it is often put), but NALP could help by limiting its reporting to employment rates and starting salaries. Discussing changes in the absolute number of law graduates with jobs is simply a confusing ways of telling people that fewer people entered law school 4 years ago than 5 or 6 years ago.
NALP should also contextualize its employment ratios by comparing them to the overall U.S. employment population ratio during the same time period (i.e, March of 2018), which was 60 percent overall, and and 79 percent for those age 25-54 according to BLS and the OECD, compared to 89 percent for recent law graduates, according to NALP.
1 (Similarities are greatest when one restricts it to those who are both young and well-educated using CPS data.
UPDATE: 8/3/2018 The correlations and r-squared were originally reported based on levels rather than % change from previous year. The numbers have been updated to reflect a model based on differencing (% change from prior year), which brings the explanatory power from 1999 forward down from 96 percent to 82 percent.
June 12, 2018
Most legal employers (who responded so far) deny imposing mandatory arbitration agreements on summer associates/interns
June 11, 2018
Have education advocates sold out students' and educators' privacy for money from technology firms? (Michael Simkovic)
The Department of Education's failures to safeguard student data against leaks have led to repeated Congressional hearings over the last few years. (see here, here, and here). Even some of the best state education agencies have also suffered data breaches.
Privacy advocates, student and parent groups, and educators are therefore understandably concerned about sharing even more detailed and personal student information with government agencies that cannot adequately safeguard the information they already have.
A network of think tanks, advocacy groups, and media organizations with links to technology firms have been pushing for extremely intrusive and detailed collection of information about individual students. Disclosures would no longer be limited to aggregated, anonymized data, but rather would include information about individual students. Extant disclosures have already undermined student privacy far more than was anticipated. Student contact lists are commercially available for purchase on the basis of ethnicity, affluence, religion, lifestyle, awkwardness, and even a perceived or predicted need for family planning services. Disclosure of disciplinary records -- which occurs in spite of legal assurances that such data will remain confidential -- can put students at a disadvantage in the job market for a lifetime. (See also here).1
As one expert on technology explained:
"The bill proposes a new system to collect student-level data . . . . And that's where we all should feel a little queasy. Despite the obvious benefits of having access to data . . . the inherent security and privacy concerns of such a system are significant.
The definition of "data in scope" might change over time. And once the data is collected, there it sits, ready to be leaked, breached or worse. Without getting too deep into Big Brother conspiracy theory, there are so many ways for the system to go wrong."
Tech-backed groups want even more data collection mandated by the federal government. Many of these groups are funded by the Gates Foundation and related groups with links to technology firms.
Technology firms have a tendency to have faith in data-driven solutions to problems. But technology firms would also benefit financially from more onerous reporting obligations because technology firms provide compliance and reporting services to education institutions. Rising technology and compliance costs are among important reasons that higher education has become more expensive.
The American Council on Education (ACE) has stopped defending student privacy against these demands after ACE received grants from the Gates Foundation (including one to promote online education) and after ACE was viciously attacked2 by Gates-funded journalists3 for opposing Gates-backed policies.
The American Association of State Colleges and Universities also received a substantial grant from the Gates Foundation around the time it ceased defending student privacy (see also here). So did the Association of Public and Land-Grant Universities (see also here, here, here, here, here) and the American Association of Community Colleges (here, here, here, here, here). (While there may be innocent explanations, the optics are not great).
One of the few remaining defenders of student privacy is the National Association of Independent Colleges and Universities, which represents private non-for-profit universities. However, even NAICU appears increasingly likely to compromise and give the Gates-backed group much of what it wants.
Technology firms might obtain access to extremely sensitive data through a revolving door between the Gates Foundation, the Department of Education, and Edu-Tech firms. Such data could be advantageous when technology firms negotiate the price of technology servicing contracts or compete with education institutions through online offerings.
One wonders if higher education "lobby groups", rather than educating policymakers about the needs of students and universities, have found it more advantageous to lobby higher education institutions on behalf of technology firms.
June 08, 2018
Apprenticeships and online education are not viable alternatives to ABA-approved law schools (Michael Simkovic)
Over the last several decades, both the cost and the quality of ABA approved law schools have increased. Faculty student ratios have fallen. Completion rates have increased, even as diverse groups with historically lower completion rates have become a larger share of the student body. Earnings premiums have increased, and racial disparities have narrowed.
Nevertheless, some critics of law school, concerned by the high cost, have suggested going back to the "good old days" of legal apprenticeships, or using technology to bring down costs. The data does not support apprenticeships or less highly regulated (and less expensive) online or correspondence versions of law school as viable alternatives to ABA-approved law schools.
Several major legal markets (including New York and California) permit prospective lawyers to sit for the bar exam after 4 years of apprenticeship under a licensed lawyer (or 4 years combined law school and apprenticeship). Very few people still try this approach. But for those who do, the bar passage rates are abysmal.