Posts tagged ‘Yale Law School’

A Few Thoughts on Yale Law School

I won't go into all the details (one of many articles on this incident here), but the Yale Law School administration attempted to blackmail and intimidate one of their students over a party invitation he sent out, the main complaint seeming to be the party was sponsored by a right of center legal group (Federalist Society).  The audio, if you have time, is outrageous.  It is a good thing the student recorded it, because I am not sure many people would have believed the b-movie authoritarian dialog coming from the Yale executives.

I had two reactions I don't see written very many places:

  1. The law profession strikes me as a particularly confrontational profession, and with the exception of perhaps law enforcement and first responders, one in which it is almost impossible to shelter oneself from a wide variety of craziness.  So how is Yale Law possibly doing its job to train the next generation's best and brightest attorneys when they actively support the kind of mental and emotional fragility that led to the complaints?  If we take the complainers at their word, they are hiding under their bed because they got an email party invitation sponsored by a group they don't agree with.
  2. Top attorneys frequently find themselves in high stakes negotiations where their opponents try to bluff and bully them.   On this dimension, the student who refused to be blackmailed by Yale appears to be the best prospective attorney of the bunch.  I would certainly hire him.

Of course, a more likely explanation for the over-reactions among a very small number of students to the email is that Progressives have discovered that feigning more extreme fragility than that of a fainting woman in a Victorian novel is a useful tool for exercising power because university authorities (and increasingly a broader range of authorities) will act as the useful idiots who can be manipulated by such claims.

Moms with Ivy League Educations

Apparently it is somewhat unethical in the feminist world for women to go to the Ivy League and then become a full-time mom.   I know several women who have Ivy League undergrad or graduate degrees and have, for at least part of their lives, been full time moms.  I am married to one, for example.  I have a few thoughts on this:

  1. People change plans.  Life is path-dependent.  Many women who ended up being full time moms out of the Ivy League will tell you that it still surprises them they made that choice.
  2. Why is education suddenly only about work?  I thought liberal arts education was all about making you a better person, for pursuits that go far beyond just one's work life.  I, for example, get far more use of my Princeton education in my hobbies (e.g. blogging) than in my job.   The author uses law school as an example, and I suppose since law school is just a highbrow trade school one might argue it is an exception.  But what is wrong with salting the "civilian" population with non-lawyers who are expert on the law?
  3. Type A Ivy League-trained full-time moms do a lot more that just be a mom, making numerous contributions in their community.  I am always amazed what a stereotyped view of moms that feminists have.
  4. If spots in the Ivy League, as implied by this article, should only be held by people seriously wanting to use the degree for a meaningful lifetime career, then maybe the Ivy League needs to rethink what degrees it offers.  Ask both of my sisters about the value of their Princeton comparative literature degrees in the marketplace.  By this logic, should Princeton be giving valuable spots to poetry majors?
  5. I can say from experience that the one thing a liberal arts education, particularly at Princeton which emphasized being well rounded, prepared me for was being a parent.  I can help my kids develop and pursue interests in all different directions.  One's love of learning and comfort (rather than distrust) of all these intellectual rubs off on kids almost by osmosis.  In other words, what is wrong with applying an Ivy League education to raising fabulous and creative kids?
  6. The author steps back from the brink, but this comes perilously close to the feminist tendency to replace one set of confining expectations for women with a different set.

Oh and by the way, to the author's conclusion:

Perhaps instead of bickering over whether or not colleges and universities should ask us to check boxes declaring our racial identity, the next frontier of the admissions should revolve around asking people to declare what they actually plan to do with their degrees. There's nothing wrong with someone saying that her dream is to become a full-time mother by 30. That is an admirable goal. What is not admirable is for her to take a slot at Yale Law School that could have gone to a young woman whose dream is to be in the Senate by age 40 and in the White House by age 50.

I would argue the opposite -- the fewer people of both sexes who go to law school to be in the Senate by 40 and the White House by 50, the better.

Update:  My wife added two other thoughts

  • Decades ago, when her mom was considering whether she wanted to go to graduate school, her dad told her mom that even if she wanted to be a stay at home mom, a good graduate degree was the best life insurance she could have in case he died young.
  • Women with good degrees with good earning potential have far more power in any divorce.  How many women do you know who are trapped in a bad marriage because they don't feel like they have the skills to thrive in the workplace alone?

On War

Harold Koh on what does and doesn't make for a war:

Koh, a former Yale Law School dean who wrote about the War Powers Resolution during his academic career, said the “narrow” role of U.S. warplanes in the mission doesn’t meet the definition of hostilities.

The circumstances in Libya are “virtually unique,” he said, because the “exposure of our armed forces is limited, there have been no U.S. casualties, no threat of U.S. casualties” and “no exchange of fire with hostile forces.”

With a “limited risk of serious escalation” and the “limited military means” employed by U.S. forces, “we are not in hostilities envisioned by the War Powers Resolution, Koh said.

As an outsider to the political process, it has been absolutely hilarious watching a White House full of children of the 1960's retroactively justifying Nixon's Christmas bombings of Cambodia.  It's not a war, they claim, as long as our soldiers are safe and we are mostly just killing citizens of other nations from the air.  Of course, by this definition, the Japanese attack on Pearl Harbor was not an act of war.

There are many reasons to put separation-of-powers-type scrutiny on war-making that go beyond just the risk to American lives.  In particular, killing people from other countries can radically change our relationship with other nations.  I find it ironic that that White House has deliberately put blinders on and declared that the only reason to get Congressional approval is if US soldiers are at risk, since it was Obama who lectured the nation on the campaign trail about how damaging to our world image he felt Bush's wars to be.

Born to Rule

I thought this a good commentary on the whole Tiger mom thing.  Via Insty [Note I added some paragraph breaks -  sorry Mr. Smith, but I simply cannot abide by paragraphs as long as yours]

But here's the thing.  And here the point has been made easier to make by the curious fact that Tiger Mom is a Yale Law School professor and as Professor Bainbridge has pointed out, it seems almost an epidemic among faculty parents in New Haven.

My fear is that little tiger kittens are not being groomed to make things that you and I can buy if we feel like it.  I'm afraid, call me paranoid if you like, that those little achievers will want to grow up to, well, rule.  Not in the imperial Chinese way, though I take it that is the ultimate inspiration for this model of child rearing.  If my high school understanding of Chinese history is correct, that Empire used to be ruled by a giant bureaucracy into which one got by passing extraordinarily difficult exams, competing against other fanatically hopeful parents who saw it as one of the few ways to get the young persons out of a life of horrible drudgery.  But rather in something more like the imperial Chinese way than my ideal, which is more like Thomas Jefferson's, without the antique and misguided dislike of commerce.

So, if I'm sitting in the middle of my Jeffersonian space, able to order whatever I want, within my budget of course, from Amazon, working at something I like, not taxed to death or harassed by officious officials;  if I can provide for my family and hope to provide a similarly independent life for my offspring, then what's it to me if some mom somewhere wants to drive her children so that someday they will produce a recording or a pill I might want to buy?  Only good.

But if we are sliding toward a world like the one that is, to exaggerate only a little, like that I was taught we should be sliding toward when I restlessly roamed the hallowed halls the The Yale Law School many years ago, then I am not so sanguine.  Then I worry that all this fierce intelligence, all this ambition, all this work are going toward the building of world in which my children will be mere, well, what do you call the people who support those who so intelligently manage things from on top.  Not to mention the unbelievably well educated 35 year old who will tell me someday I didn't score well enough in some algorithm I can't even understand to get my arteries bypassed or my prostate cancer treated.

I want to live in a world, and I want my children to as well, where we are free individuals, and geniuses can sell us stuff if we want to buy it.  When I suspect the little elites of tomorrow are just being made more formidable still, it excites not my admiration as much as my anxiety.

The Power of Institutional Focus

Ilya Somin wonders why some top universities don't have law schools:

It recently occurred to me that there are several big-name
universities that don't have law schools, even though a law school
established at any of those institutions would probably do well.
Princeton arguably heads this list, along with Brown, Johns Hopkins,
Rice, and Tufts. Brandeis University also doesn't have a law school
(ironically, for a prominent university named after a Supreme Court
justice).

Why these universities haven't established law schools is a bit of a
mystery (at least to me). Law schools tend to bring in net revenue for
the university. This is even more likely to be true at a big-name
institution that can quickly attract good faculty and students. If
Princeton were to establish a law school tommorrow, appoint a credible
dean, and provide adequate initial financial backing, they could very
quickly turn it into a highly successful (and profitable) enterprise.
Many good students would come just because of the Princeton name, and
most outstanding scholars who are not already at top 20 or top 30
institutions might well be willing to move to Princeton if asked.

Princeton, by the way, does not have a law school or business school or medical school.  It really tries to hold itself up as primarily and undergraduate institution, and works hard to be the premier undergraduate school in the country.  It has graduate schools only in disciplines for which there is an undergraduate degree (e.g. math, economics, chemistry, history).  I have always suspected that they maintain these graduate programs mainly because they have to to attract top academic talent to be available for their undergraduates.  Unlike any other university with which I am familiar, and certainly unlike Harvard where I also attended, graduate students at Princeton feel themselves to be second class citizens.

Somin acknowledges this a bit when he says:

Various commenters suggest that these universities choose not to
have a law school because of their desire to focus on undergraduate
education. That may indeed be the right explanation, though several of
these institutions (including Johns Hopkins, Tufts, and Rice) have
other professional schools on campus. But it doesn't strike me as a
very compelling reason not to establish a law school. If the law school
were to drain resources away form undergrad education, there might
indeed be a conflict between the two. In fact, however, a law school is
likely to bring in net revenue that could be used to improve
undergraduate education. Moreover, some law school professors
(especially at elite schools) teach courses that undergraduates might
be interested in taking, as sometimes happened at Yale, when I was a
law student there.

Even if a law school adds resources to undergrad education instead
of draining them, it's possible that its presence could detract from
undergraduate education in some other, more subtle way. But it's hard
for me to see how. If Yale Law School were closed down tomorrow, would
undergraduate education at Yale improve? Are undergraduates at Yale
currently worse off than at Princeton in some way traceable to the fact
that Yale has a law school and Princeton doesn't? Possibly. But I
remain skeptical.

I would argue that there is an important difference that you can't just get at through incremental analysis.  That is, that the management and faculty of Princeton have a culture and focus on undergraduates that universities like Harvard do not have.  Somin is right that grad schools bring in lots of money -- and so the sum of a med school and a law school and a business school and all that tuition and grant and consulting money (not to mention resultant faculty egos) is hugely distracting for an institution.  Particularly in the case of Princeton where it does not really need incremental money anyway.  Take my word for it, having attended both Harvard and Princeton, there are enormous differences in their institutional foci which have real impacts, both substantial and subtle, on undergraduate life. 

I would love to do a poll.  Ask the faculty of both Harvard and Princeton, "Which would you give up first, your university's graduate program or undergraduate program,"  I bet I know what the answer would be.

But what do I know - we Princeton grads are all nuts, anyway.