Enduring hierarchies in American legal education

Indiana Law Journal

Volumn 89, Issue 3, 2014, Pages 941-1068

  Arewa, Olufunmilayo B ^a   Morriss, Andrew P ^b   Henderson, William D ^c  

^a UNIVERSITY OF CALIFORNIA   (United States)

^b UNIVERSITY OF ALABAMA SCHOOL OF LAW   (United States)

^c INDIANA UNIVERSITY   (United States)

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[No Author keywords available]

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EID: 84899052221     PISSN: 00196665     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (420)

1. E.g., MICHAEL SAUDER & WENDY ESPELAND, LAW SCH. ADMISSION COUNCIL, FEAR OF FALLING: THE EFFECTS OF U. S. NEWS & WORLD REPORT RANKINGS ON U. S. LAW SCHOOLS 7(2007), available at http://www.lsac.org/docs/default-source/ research-(lsac-resources)/gr-07-02.pdf ("The vast majority of administrators we interviewed held negative views of rankings: Most believed that rankings were more harmful than beneficial to their particular schools as well as to legal education generally.");
2. Cynthia Cotts, Deans and Watchdogs Flunk U. S. News Law School Rankings, NAT'L L. J., Mar. 2, 1998, at A13.
3. Alex Wellen, The $8.78 Million Maneuver, N. Y. TIMES, July 31, 2005, at 18, available at http://www.nytimes.eom/2005/07/3l/education/edlife/ wellen3l.html?page-wanted=all&-r=0 ("Critics say law schools are engaged in an LSAT and G. P. A. arms race in which they exploit technicalities in U. S. News's methodology.").
4. Despite the general stability of the hierarchy, schools can change their character. To take just one example, Catholic University rejected an effort by the Roman Catholic Church to shift Georgetown's law school to Catholic University in the 1890s because Catholic thought Georgetown to be of insufficient quality. ROBERT STEVENS, LAW SCHOOL: LEGAL EDUCATION IN AMERICA FROM THE 1850S TO THE 1980s, at 76-77
5. (G. Edward White ed., The Lawbook Exchange 2001) (1983). Today, Georgetown is among the nation's best law schools by any measure.
6. See, e.g., Best Law Schools, U. S. NEWS & WORLD REP. BEST GRAD SCHS. 2013 ED. (2012) (ranking Georgetown #13);
7. Brian Leiter, Top 70 Law Faculties in Scholarly Impact, 2007-2011, LEITER RANKINGS (July 2012), http://www.leiterrankings.com/new/2012-scholarlyimpact. shtml (ranking Georgetown #18).
8. Although law school hierarchies exist in the shadow of broader university hierarchies, this Article will focus to a significant degree on the impact of law school hierarchies and will not address issues related to university hierarchies that no doubt have an impact on law school hierarchies. Karen M. Morin & Tamar Y. Rothenberg, Our Theories, Ourselves: Hierarchies of Place and Status in the U. S. Academy, 10 ACME 58, 59 (2011) (discussing the impact of academic hierarchies on student educational motivations).
9. Tracey E. George & Chris Guthrie, In Defense of Author Prominence: A Reply to Crespi and Korobkin, 26 FLA. ST. U. L. REV. 877, 881 (1999) ("The perceived prestige of law schools, law professors, law firms, and law reviews has a profound impact on many of the educational and professional decisions that law students, lawyers, and law professors make.").
10. Russell Korobkin, In Praise of Law School Rankings: Solutions to Coordination and Collective Action Problems, 11 TEX. L. REV. 403, 417 (1998).
11. E.g., Gary J. Simson, Say 'Enough' to 'U. S. News', NAT'L L. J., July 28, 2008, at 22.
12. Because law schools do in fact compete, we are unimpressed by attempts to claim that "every law school is special" and so rankings cannot succeed. E.g., ANNUAL REPORT OF THE CONSULTANT ON LEGAL EDUCATION TO THE AMERICAN BAR ASSOCIATION 44 (1993-1994) (U. S. News's ranking "does not, and could not, measure many important factors in evaluating the quality of law schools." (quoting a 1991 policy statement of the Council of the Section));
13. Graham C. Lilly, Law Schools Without Lawyers? Winds of Change in Legal Education, 81 VA. L. REV. 1421, 1427 (1995) ("Statistics about a law school may disclose its resources, its applicants, the backgrounds of its faculty members, and the profile of its graduates. But a law school's essence eludes statistical capture.").
14. William D. Henderson, A Blueprint for Change, 40 PEPP. L. REV. 461, 470-78 (2013) (describing problems caused by shifts in the job market).
15. Wendy Nelson Espeland & Michael Sauder, Rankings And Reactivity: How Public Measures Change Social Worlds, 113 AM. J. Soc. 1 (2007)
16. [hereinafter Espeland & Sauder, Rankings and Reactivity];
17. Michael Sauder & Wendy Nelson Espeland, The Discipline of Rankings: Tight Coupling and Organizational Change, 74 AM. SOC. REV. 63 (2009)
18. [hereinafter Sauder & Espeland, The Discipline of Rankings].
19. Michael Sauder & Ryon Lancaster, Do Rankings Matter? The Effects of U. S. News & World Report Rankings on the Admissions Process of Law Schools, 40 L. & SOC'Y REV. 105 (2006).
20. DEBRA J. SCHLEEF, MANAGING ELITES: PROFESSIONAL SOCIALIZATION IN LAW AND BUSINESS SCHOOLS 88-89 (2006);
21. Alex Vorro, Law School Applicants Value School Rankings Over Job Placement Rates, INSIDE COUNSEL (June 21, 2012), http://www.insidecounsel.com/ 2012/06/21/law-school-applicants-value-school-rankings-over-j (describing 2012 Kaplan survey that found 86% of respondents replied that U. S. News law school rankings are "very important" or "somewhat important" in deciding where to apply).
22. William D. Henderson & Andrew P. Morriss, What Law School Rankings Don't Say About Costly Choices, NAT'L L. J., Apr. 16, 2008, available at http://www.hpplc.indiana.edu/law/documents/ HendersonresearchWhatLawSchoolRankingsDontSayAbout Costly.pdf ("Based upon our combined 21 years of experience as legal educators and our empirical study of rankings, we think students rely on law school rankings as a rough guide to their future employment prospects.");
23. Ashley Post, Justice Thomas Says Law School Rankings Cause Discrimination, INSIDE COUNSEL (Sept. 25, 2012), http://www.insidecounsel.com/ 2012/09/25/justice-thomas-says-law-school-rankings-causedisc (noting that Justice Thomas criticized rankings, stating that the obsession with rankings is perverse and causes discrimination against students who attend lower-tiered law schools).
24. Erwin Chemerinsky, Foreword: Why Write?, 107 MICH. L. REV. 881, 881 (2009) ("As I observe my more junior colleagues, I realize that they are far more sophisticated than I was in working toward these goals. They spend far more time than I did in making strategic choices about topics that will lead to prominent placements and taking actions to gain recognition. ");
25. Gregory E. Maggs, Just Say No?, 70 CHI.-KENT L. REV. 101, 104-05, 109 (1994) (noting, based on telephone survey with law review editors, that "the prestige of the author makes a big difference" in how journals treat authors and that "[l]aw journals all compete for the best articles"); Sauder & Lancaster, supra note 12, at 105 (noting that law review student editor reliance on U. S. News can actually "create rather than simply reflect differences among law schools" (emphasis in original)).
26. See Nancy Levit, Scholarship Advice for New Law Professors in the Electronic Age, 16 WIDENER L. REV. 947, 949-50 (2007) (noting role of journal placements in tenure decisions);
27. David Monsma, The Academic Equivalence of Science and Law: Normative Legal Scholarship in the Quantitative Domain of Social Science, 23 T. M. COOLEY L. REV. 157, 209 (2006) (stating that those seeking tenure and promotion should publish in the most prestigious journals possible);
28. David A. Rier, The Future of Legal Scholarship and Scholarly Communication: Publication in the Age of Cyberspace, 30 AKRON L. REV. 183, 185 (1996) (stating that law reviews have become "key gatekeepers" in hiring, promotion, and tenure decisions). As we show below, law review prestige is largely derivative of the publishing school's prestige.
29. See Lyman P. Wilson, The Law Schools, the Law Reviews and the Courts, 30 CORNELL L. Q. 488, 499 (1945) (describing shift in faculties caused by adoption of the case method);
30. Henry G. Manne, How the Structure of Universities Determined the Fate of American Legal Education-A Tribute to Larry Ribstein (unpublished manuscript) (on file with authors) (attributing rise of academic model to faculty interests).
31. John Jay McKelvey, The Law School Review 1887-1937, 50 HARV. L. REV. 868, 868 (1937) ("In the year 1887 there were in the United States less than a dozen law schools of recognized standing.").
32. 2 ANTON-HERMANN CHROUST, THE RISE OF THE LEGAL PROFESSION IN AMERICA 288 (1965) (Nineteenth-century proprietary law schools "were actually nothing more than systematized and concentrated extensions of the old apprenticeship method, available to a larger body of students.").
33. Paul D. Carrington, Hail! Langdell!, 20 LAW & SOC. INQUIRY 691, 696-97 (1995) (noting that apprenticeships were the major method for training lawyers in the United States from the colonial period through the nineteenth century).
34. Roger C. Cramton, "The Most Remarkable Institution ": The American Law Review, 36 J. LEO. EDUC. 1, 3 (1986)
35. (quoting ARTHUR E. SUTHERLAND, THE LAW AT HARVARD: A HISTORY OF IDEAS AND MEN, 1817-1967, at 140 (1967)). Holmes was not a fan of law reviews either. In the 1930s, "when a lawyer cited a law review in oral argument before the Court[J Justice Oliver Wendell Holmes snapped back at the counsel that a law review is merely 'the work of boys.'"
36. Mark Thompson, The Law Review Meets the Marketplace, 13 STUDENT LAW. 14, 18 (1984).
37. Report of the Committee on Legal Education, 14 ANN. REP. A. B. A. 301, 318 (1891).
38. Barrie Thome, Professional Education in Law, in EDUCATION FOR THE PROFESSIONS OF MEDICINE, LAW, THEOLOGY, AND SOCIAL WELFARE 101, 105 (1973).
39. EDSON R. SUNDERLAND, HISTORY OF THE AMERICAN BAR ASSOCIATION AND ITS WORK (1953);
40. JOHN C. SULLIVAN,⋯ AND JUSTICE FOR ALL? A DISSENTING OPINION OF THE AMERICAN LEGAL SYSTEM 1-3 (1989).
41. Edward Rubin, What's Wrong with Langdell's Method, and What to Do About It, 60 VAND. L. REV. 609, 615 (2007).
42. See Douglas W. Lind, An Economic Analysis of Early Casebook Publishing, 96 LAWLIBR. J. 95, 110 (2004).
43. G. Edward White, The American Law Institute and the Triumph of Modernist Jurisprudence, 15 LAW & HIST. REV. 1, 28 (1997).
44. ALFRED ZANTZINGER REED, PRESENT-DAY LAW SCHOOLS IN THE UNITED STATES AND CANADA 314 (1928)
45. [hereinafter REED, PRESENT-DAY LAW SCHOOLS].
46. Robert Stevens thoroughly chronicles these changes in his work Law School: Legal Education in America from the 1850s to the 1980s. STEVENS, supra note 3.
47. ASS'N OF AM. LAW SCHS., A BIT OF HISTORY: REPORT OF THE AALS LONG RANGE PLANNING COMMITTEE (1989)
48. reprinted in 2 THE HISTORY OF LEGAL EDUCATION IN THE UNITED STATES: COMMENTARIES AND PRIMARY SOURCES 1169, 1170 (Steve Sheppard ed., 1999) ("In 1900, in order to promote greater participation in discussions about legal education by professors at 'respectable' schools, an ad hoc ABA committee invited thirtyfive such law schools to join an organization that came to be known as the Association of American Law Schools. Thirty-two schools accepted and became charter members⋯. At the time, the thirty-two AALS member schools were training fifty percent of all U. S. law students."); Sunderland, supra note 26, at 47-49 (noting that in 1914 the AALS "ceased to have any organic connection with the Bar Association which brought it into existence").
49. Blaustein and Porter note that: In 1923 the ABA published its first list of "approved" law schools. It contained the names of thirty-nine schools then complying with all the association's standards and nine additional schools which were expected to comply in the near future. It is significant to note that, of the thirty-nine approved institutions, twenty-seven had not been complying when the standards were adopted a scant two years before. Subsequent years saw AALS action stipulating numbers of teachers, minimum lawbook collections, and tightened standards in prelegal studies. ALBERT P. BLAUSTEIN & CHARLES O. PORTER, THE AMERICAN LAWYER: A SUMMARY OF THE SURVEY OF THE LEGAL PROFESSION 184 (1954). ABA-accreditation generally tracked AALS standards during this time. See Stevens, supra note 3, at 116-18.
50. See, e.g., Andrew P. Morriss, The Market for Legal Education & Freedom of Association: Why the "Solomon Amendment" is Constitutional and Law Schools Are Not Expressive Associations, 14 WM. & MARY BILL RTS. J. 415, 424 (2005) ("[T]he lack of deviation from the ABA- and AALS-endorsed model of legal education is not the result of a competitive market for legal education. ");
51. George B. Shepherd, No African-American Lawyers Allowed: The Inefficient Racism of the ABA's Accreditation of Law Schools, 53 J. LEGAL EDUC. 103, 134 (2003) ("Because black families have lower incomes and less wealth than most other groups, the high entry price that the ABA imposes is a filter, like the academic accreditation requirements, for eliminating blacks from the legal profession. ");
52. Robert Stevens, The Nature of a Learned Profession, 34 J. LEGAL EDUC. 577, 583 (1984) (noting the purpose of the extended period of education was to ensure the maintenance of the Anglo-Saxon male hierarchy).
53. See Harry First, Competition in the Legal Education Industry (I), 53 N. Y. U. L. REV. 311, 332 (1978) ("Predicted anticompetitive conduct, organized by the AALS, has been rampant for more than seventy years.")
54. [hereinafter First, Competition I];
55. Harry First, Competition in the Legal Education Industry (II): An Antitrust Analysis, 54 N. Y. U. L. REV. 1049, 1072-73 (1979)
56. [hereinafter First, Competition II] (presenting similar points).
57. Dean Velvel, About MSLA W: The Dean's Message, http://mslaw.edu/our- history/ (describing the Massachusetts School of Law's approach to legal education).
58. E.g., Katherine Mangan, Supporters Defend Law Dean Dismissed in Dispute Over Revenue, CHRON. HIGHER EDUC. (Aug. 1, 2011), http://chronicle.com/article/ Supporters-Defend-Law-Dean/128463/ (describing events leading to the dean of University of Baltimore School of Law being asked to resign following a dispute with the central university administration over uses of law school tuition revenue).
59. ALFRED ZANTZINGER REED, TRAINING FOR THE PUBLIC PROFESSION OF THE LAW 412 (1921)
60. [hereinafter REED, TRAINING FOR THE PUBLIC PROFESSION].
61. See, e.g., ROBERT J. KACZOROWSKI, FORDHAM UNIVERSITY SCHOOL OF LAW: A HISTORY 120 (2012) ("The need for this change first arose when the ABA and AALS adopted a resolution in the early 1920s that required part-time and night law programs to be the equivalent of full-time programs, but they were to be offered over four years⋯.");
62. James M. Peden, The History of Law School Administration, in 2 THE HISTORY OF LEGAL EDUCATION IN THE UNITED STATES: COMMENTARIES AND PRIMARY SOURCES, supra note 37, at 1105, 1115 ("[I]n 1912, schools with day and night programs of equal length were denied [AALS] membership. "). Somewhat ironically, low status part-time programs (as night programs often were) later became a means of gaming the system to improve schools' rankings.
63. William D. Henderson & Andrew P. Morriss, Student Quality as Measured by LSAT Scores: Migration Patterns in the U. S. News Rankings Era, 81 IND. L. J. 163, 191 (2006) (showing how creation and expansion of part-time programs played a role in gaming).
64. ASS'N OF AM. LAW SCHS., BYLAWS § 1-2 (last amended Jan. 2008), available at http://www.aals.org/about-handbook-bylaws.php ("The purpose of the corporation [AALS] is the improvement of the legal profession through legal education. ").
65. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 376.
66. JOSEF REDLICH, THE COMMON LAW AND THE CASE METHOD IN AMERICAN UNIVERSITY LAW SCHOOLS: A REPORT TO THE CARNEGIE FOUNDATION FOR THE ADVANCEMENT OF TEACHING 70-71 (1914);
67. see also James R. Maxeiner, Educating Lawyers Now and Then: Two Carnegie Critiques of the Common Law and the Case Method, 35 INT'L J. LEGAL INFO. 1, 5-7 (2007).
68. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 13.
69. For example, Reed found that just seven law schools required three or more years of college education for all applicants, and just three more required it for applicants not in their undergraduate programs in 1920-21. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 134. Reed documents an increase in minimum applicant requirements, and these figures increased to just eight and eleven, respectively, for 1925-26. Id. The pioneers in expanding entrance requirements were Columbia and the University of Pennsylvania, both in 1888.
70. REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 391. Fewer than a third of all threeyear law full-time programs required at least two years of college in 1925-26, and even fewer among part-time programs.
71. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 134.
72. see also REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 452 (displaying Michigan's frequent position as one of the six largest law schools in the country during this period). Redlich also singled out the University of Michigan, together with the University of Wisconsin, the University of Chicago, and Northwestern University, as being of high caliber.
73. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 261;
74. Figures taken from REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 264.
75. What Is the AALS?, ASS'N OF AM. LAW SCHS., http://www.aals.org/about.php.
76. First, Competition II, supra note 41, at 1056 (quoting Professor Wex Malone).
77. ASS'N OF AM. LAW SCHS., STATISTICAL REPORT ON LAW SCHOOL FACULTY AND CANDIDATES FOR LAW FACULTY POSITIONS (2000-2001), available at http://www.aals.org/statistics/20002001.html.
78. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 405-513.
79. REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 185 (noting the University of Pennsylvania made the transition in 1888, N. Y. U. in 1889, and Northwestern in 1891).
80. In his history of legal education, Robert Stevens divided schools in the 1920s and 1930s into three similar categories: the elites like Harvard and Columbia, "the average state universities and smaller private schools" where a "Harvard case-method model" was used "on a lesser scale", and the "many" where "legal education consisted, at most, of preparation for the local bar examination" through "a lecture-and-text system" and "a modified version of the case method, sometimes modified more because of the professors' or students' lack of competence than because of intellectual doubts about its desirability." Stevens, supra note 3 at 157. A 1974 study argued that there were "roughly speaking two kinds of law schools-large schools and small schools", with the distinction affecting the scope of curricular offerings and teaching loads. PETER DEL. SWORDS & FRANK K. WALWER, THE COSTS AND RESOURCES OF LEGAL EDUCATION: A STUDY IN THE MANAGEMENT OF EDUCATIONAL RESOURCES 6-7 (1974).
81. For example, in his 1921 study, Reed divided law schools into four groups: schools with degree programs under three years (10% of law schools); "high-entrance, full time schools" (20%); "low-entrance schools offering full time courses" (requiring a single year of undergraduate preparation) (30%); and part-time schools (40%). REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 414-15. In his 1928 investigation of legal education for the Carnegie Foundation, Reed reaffirmed his 1921 analysis by categorizing part-time law schools as "[cheapened copies of the regular full-time model" and he divided the fulltime schools into "high-entrance" and "low-entrance" categories.
82. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 305
83. (quoting REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 402).
84. Barbara H. Cane, The Role of the Law Review in Legal Education, 31 J. LEGAL EDUC. 215, 220 (1981) ("In their efforts to meet higher academic standards law schools increasingly followed Harvard's lead and hired a faculty with strong academic credentials. All law faculties took on a similar look: they are dominated by non-practitioners, most of whom were trained on law review, many of whom were editors.");
85. Roger C. Cramton, Demystifying Legal Scholarship, 75 GEO. L. J. 1, 13 (1986) ("There is now a national market for law teachers, and most new teachers attended one or another of the top-rated schools.").
86. Without the need to support libraries or reduce teaching loads to enable research, practice-oriented schools had a significant cost advantage over academic schools. As others have noted, the desire of the elites to spread the academic model was at least in part driven by academic schools' desire to limit this price competition. First, Competition I, supra note 41, at 348. Note that from 1900 to 1920, AALS member schools lost market share to nonmembers. Id. at 347-48.
87. Id. at 112 ("During the Depression the ABA was able to convince the federal and state governments to grant law licenses only to graduates of law schools that the ABA accredited. In 1923 no state required graduation from law school at all, much less from an ABA-accredited school-Now almost all states require graduation from an accredited law school and exclude graduates of unaccredited schools from practice in both state and federal courts."). For current accreditation standards, see AM. BAR ASS'N., 2012-2013 ABA STANDARDS AND RULES OF PROCEDURE FOR APPROVAL OF LAW SCHOOLS (2012), available at http://www.americanbar.org/content/dam/aba/publications/misc/legal-education/ Standards/2012-2013-aba-standards-and-rules.authcheckdam.pdf.
88. BRIAN Z. TAMANAHA, FAILING LAW SCHOOLS 107-25 (2012).
89. But see Phillip G. Schrag, Failing Law Schools-Brian Tamanaha's Misguided Missile, 26 GEO. J. LEGAL ETHICS 387 (2013).
90. Eighteen of fifty-one U. S. jurisdictions (states plus the District of Columbia) currently limit the bar exam to those who have graduated from an ABA-accredited law school. NAT'L CONF. OF BAR EXAMINERS & ABA SEC. OF LEGAL EDUC. & ADMISSIONS TO THE BAR, COMPREHENSIVE GUIDE TO BAR ADMISSION REQUIREMENTS 8 chart 3 (2011).
91. Report of the Committee on Curriculum, in ASS'N OF AM. LAW SCHS., 1968 ANNUAL MEETING PROCEEDINGS PART ONE, SECTION II: REPORTS OF COMMITTEES AND PROJECTS 7, 9 (1968) (statement of Charles J. Meyers).
92. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 13. Reed believed university resources were important because "in a general way, the greater are the financial resources of a college or university, the greater is the likelihood that funds for the improvement of the relatively inexpensive law department are either already available or can be secured." Id. at 93.
93. See Michael I. Swygert & Jon W. Bruce, The Historical Origins, Founding, and Early Development of Student-Edited Law Reviews, 36 HASTINGS L. J. 739, 773 (1985).
94. REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 418;
95. see also Messages of Greeting to the U. CL. A. Law Review, 1 UCLA L. REV. 1, 6 (1953) (including a message from Roscoe Pound saying law schools "do much, at least, of the work of a ministry of justice for the state"). Reed complained about the "extreme narrowness" of American legal education relative to European law schools, where "[t]he broad fields of economics and of government" are "regarded as essential components of a lawyer's training."
96. REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 48-49.
97. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 265. The tradeoff between devoting time to teaching and scholarship later became an issue in legal education outside of the elites that also helped to mark the hierarchy. For example, in 1975, Georgia law professor John Murray complained in print that professors were devoting too much time to writing bad articles and not enough to mentoring students.
98. John F. T. Murray, Publish or Perish-By Suffocation, 27 J. LEGAL EDUC. 566, 566-67 (1975) ("My sole complaint is that the valuable contributions are hard to locate in the vast sea of outpourings added to the literature-not as a result of inspiration and concern, but because of coercion and tradition. ").
99. REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 385.
100. Robert L. Bard, Legal Scholarship and the Professional Responsibility of Law Professors, 16 CONN. L. REV. 731, 734 (1984) (arguing that the relationship between scholarship and faculty members' individual prestige is a "quite direct" relationship).
101. James Willard Hurst, Research Responsibilities of University Law Schools, 10 J. LEGAL EDUC. 147, 161 (1957);
102. see also Graham C. Lilly, Law Schools Without Lawyers? Winds of Change in Legal Education, 81 VA. L. REV. 1421, 1453 n. 125 (1995) (noting that as early as the mid-1960s, "professors at high resource schools tended to support a theoretical orientation to law").
103. Report of Committee on Aims and Objectives of Legal Education, in ASS'N OF AM. LAW SCHS., 1947 HANDBOOK 124, 125-26 (1947) (statement of Paul Brosman).
104. The schools were Santa Clara, Georgia, Idaho, Valparaiso, Southern (Louisiana), St. Paul, Montana State, North Carolina College, Ohio Northern, Salmon Chase, Franklin University, Toledo, Tulsa, Oregon, Willamette, South Carolina State, Texas Southern, Houston, Washington & Lee, William & Mary, Gonzaga, and Wyoming. John G. Hervey, There's Still Room for Improvement, 9 J. LEGAL EDUC. 149, 155 (1956);
105. HOWARD R. BOWEN, THE COSTS OF HIGHER EDUCATION 150-51 (1980).
106. See supra notes 51-66 and accompanying text; see also Board of Editors, Beginning the Second Fifty Years: A Glance at the First Fifty, 51 U. COLO. L. REV. 5, 7 (1979) (discussing role of James Grafton Rogers who came as dean to the University of Colorado Law School from a position as dean at Denver University and then moved on to a faculty position at Yale Law School and noting that Rogers "was determined that the University of Colorado Law School should receive national recognition").
107. Hervey, supra note 93, at 150 (reporting, from ABA adviser on legal education, that after eight years of inspecting law schools "that there is a sameness about the schools which is shocking"); see also Swords & Walwer, supra note 69, at 125 ("[GJenerally speaking, the first-year program of a school will be about the same whatever its student/faculty ratio is."); Lilly, supra note 8, at 1436 ("[T]he modern law faculty-at least at the major schools-is increasingly homogenous" because of the focus on theory instead of doctrine and the exclusion of "those who have spent more than a few years in practice."). Nonetheless, a few schools sought to differentiate themselves. New York Law School was founded in 1891 by faculty who left Columbia because they did not want to use the case method. William P. LaPiana, Just the Facts: The Field Code and the Case Method, 36 N. Y. L. SCH. L. REV. 287, 287 (1991) ("Angered by the abandonment of the 'Dwight Method' of legal education in favor of the Harvard case method, the faculty of the Columbia Law School and many of its students withdrew en masse to the new institution. " (internal citations omitted)). Suffolk Law School was aimed at night students and also used texts rather than case materials. Cane, supra note 71, at 219. But these were exceptions rather than the norm. Id. ("By 1917 the example of Harvard was 'followed by every school of consequence in the country', both because of its observed success and the prodding of the American Bar Association and the American Association of Law Schools [sic].")
108. (quoting HARV. L. SCH. ASS'N, THE CENTENNIAL HISTORY OF THE HARVARD LAW SCHOOL 1817-1917, at 70 (1918)).
109. see also Michael L. Closen & Robert J. Dzielak, The History and Influence of the Law Review Institution, 30 AKRON L. REV. 15, 33-34 (1996) (noting that the first student-run legal periodical was the Albany Law School Journal in 1875, which was published for a year, and the second was the Columbia Jurist, which ended after approximately two years, but which motivated Harvard Law School students to create the Harvard Law Review in 1887);
110. M. H. Hoeflich & Lawrence Jenab, The Origins of the Kansas Law Review, 50 U. KAN. L. REV. 375, 377 (2002) (noting that the Harvard Law Review, the first student-edited law review, was founded in 1887 as a vehicle to circulate the best legal scholarship and that within 50 years general agreement existed that first-rate law schools needed their own student-edited law reviews); Wilson, supra note 18, at 493 (stating that more journals appeared because of "[t]he new thought that was stirring in the law schools" which "provided more to write about, and there were more law teachers to write about it").
111. Douglas B. Maggs, Concerning the Extent to Which the Law Review Contributes to the Development of the Law, 3 S. CAL. L. REV. 181, 181-82 (1930).
112. see also Messages of Greeting to the U. C. L. A. Law Review, supra note 84, at 5 (message from Roscoe Pound stating that "the transition [to the academic model] was complete" when the University of Pennsylvania merged the American Law Register into its law review).
113. see also Frederick Evan Crane, Law School Reviews and the Courts, 4 FORDHAM L. REV. 1, 1 (1935) (stating that law journal "has slowly and gradually developed into one of the chief functions of our law schools");
114. Stanley H. Fuld, A Judge Looks at the Law Review, 28 N. Y. U. L. REV. 915, 915-16 (1953) (quoting Judge Cardozo that "[a]ny morning's mail may bring a law review from Harvard or Yale or Columbia or Pennsylvania or Michigan or a score of other places to disturb our self conceit and show with pitiless and relentless certainty how we have wandered from the path" and commenting "oh, 'tis true, 'tis true");
115. Frank K. Richardson, Law Reviews and the Courts, 5 WHITTIER L. REV. 385, 389 (1983) (mentioning California Supreme Court justice saying to law review editors "[y]ou grade us, and we pay attention!"); Wilson, supra note 18, at 495 ("[T]he critical function of the law reviews has been accepted as a proper part of the juristic process.");
116. Messages of Greeting to the U. C. L. A. Law Review, supra note 84, at 6 (message from Roscoe Pound stating that the "[influence of the academic legal periodicals has grown steadily").
117. But see Douglas Leslie, An Interview with Judge Richard Posner, VA. L. WKLY., Apr. 22, 1994, at 1, 3 ("Judges don't read law review articles. That's a myth. Anyone who thinks judges know or care what's going on in the academy is naive." (quoting Judge Richard Posner)); Thompson, supra note 22, at 18 (noting that Oliver Wendell Holmes was reportedly annoyed when a student note "dissected an opinion he had written and pronounced it 'well-reasoned'").
118. David F. Cavers, New Fields for the Legal Periodical, 23 VA. L. REV. 1, 1 (1936) ("Certainly the standardization of law reviews is no more striking than the standardization of the schools which have fathered them."); Maggs, supra note 103, at 183 ("In type of content the reviews differ little.");
119. Harold Marsh, Jr., The Law Review and the Law School: Some Reflections About Legal Education, 42 U. ILL. L. REV. 424, 425 (1947) (stating reviews are as "alike 'as peas in a pod'");
120. Fred Rodell, Goodbye to Law Reviews, 23 VA. L. REV. 38, 44 (1936) (finding law reviews similar because "they have all been sucked into a polite little game of follow-the-leader with the Harvard Law Review setting the pace").
121. See Board of Editors, supra note 96, at 6 (noting that the first board of editors of the Rocky Mountain Law Review in 1928 "felt strongly that the focus of the Review should be the publication of articles concerning the development and study of legal problems common to the Rocky Mountain region"); Dawn Clark Netsch & Harold D. Shapiro, 100 Years and Counting, 100 NW. U. L. REV. 1, 1 (2006) (describing the original goal as "matters of special practical value to the Illinois bar" (quoting the editorial notes from the first volume));
122. John E. Cribbet, Experimentation in the Law Reviews, 5 J. LEGAL EDUC. 72, 75 (1952) (noting some schools' law reviews focus on "the problems of their respective jurisdictions").
123. Cribbett, supra note 107, at 75 (noting that schools are reluctant to focus their law reviews on local issues "probably on the theory that to [do so] consistently would mark them as local and provincial rather than national law schools" (emphasis in original)); Arthur S. Miller, A Modest Proposal for Changing Law Review Formats, 8 J. LEGAL EDUC. 89, 89 (1955) (believing law reviews "largely patterned in slavish imitation of the standard set by the pioneering Harvard effort" are producing "monotonous uniformity [rather than] originality");
124. E. Joshua Rosenkranz, Law Review's Empire, 39 HASTINGS L. J. 859, 917 (1988) ("Every law review longs to be [the] Harvard Law Review.").
125. John S. Elson, The Case Against Legal-Scholarship or, if the Professor Must Publish, Must the Profession Perish?, 39 J. LEGAL EDUC. 343, 354 (1989) ("The importance of scholarship to the careers of law teachers is difficult to overestimate. Hiring, promotion, pay, collegial recognition, societal prominence, and intellectual satisfaction is mainly a function of the production of scholarship. ").
126. But see Jonathan L. Entin, The Law Professor as Advocate, 38 CASE W. RES. L. REV. 512, 532 (1988) (noting publication requirements in law schools are "strikingly modest compared to the standards applicable to faculty in most other disciplines").
127. Irving F. Reichert, Jr., The Future of Continuing Legal Education, in LAW IN A CHANGING AMERICA 167, 174 (Geoffrey C. Hazard, Jr. ed., 1968).
128. David Riesman, Law and Sociology: Recruitment, Training, and Colleagueship, in LAW AND SOCIOLOGY 12, 34 (William M. Evan, ed., 1962).
129. Cramton, supra note 71, at 13. Further evidence of this comes from a perceptive essay by Professor Julius Getman, in which he discusses his early career as a professor in the course of advising how to write scholarly articles. Noting that in the mid-1960s when he was a professor at Indiana University in Bloomington, "a period during which many able people at first-rate law schools did little or no writing" because "the image of [a] successful law professor was that of a master teacher rather than a productive scholar", he felt that, "[l]ike many young professors who start teaching at any but the most prestigious law schools", that he was "isolated from the more general world of legal scholarship and envied those whose works seemed to call forth immediate response in the law reviews." Julius Getman, The Internal Scholarly Jury, 39 J. LEGAL EDUC. 337, 338-39 (1989).
130. See Cribbett, supra note 107, at 80 (suggesting that schools established general law reviews instead of symposium format reviews to give their faculty an outlet for scholarship); James Lindgren, Reforming the American Law Review, 47 STAN. L. REV. 1123, 1127 (1995) (noting that "top" law reviews can get "good" articles by selecting from those that "come over the transom" because they can choose from among "best" work); Maggs, supra note 103, at 184 ("The existence of law reviews affords to the law teacher a vehicle for his thought; induces him, and if his own school publishes a review sometimes pressure is brought upon him, to write and thus to study, acquire knowledge, develop his capabilities, and become a better instructor; affords him the opportunity to advertise his worth and thus, through offers of employment from schools other than his own, to improve his economic status or his prestige⋯.");
131. Clarence M. Updegraff, Management of Law School Reviews, 3 U. CIN. L. REV. 115, 120 (1929) (noting a survey of law schools showed that at ten out of twenty-seven schools "it is regarded as one of the academic duties of faculty members to write leading articles for the law review"). A more critical assessment of the impact of the focus on scholarship came from University of Georgia Professor John Murray, who argued "we have people writing, not necessarily from inspiration, but because they are required to develop or maintain a scholarly reputation. " Murray, supra note 87, at 567.
132. Alena Wolotira, From a Trickle to a Flood: A Case Study of the Current Index to Legal Periodicals to Examine the Swell of American Law Journals Published in the Last Fifty Years, 31 LEGAL REFERENCE SERVICES Q. 150, 151 (2012).
133. On their impact generally, the debate is a long-standing one. See Harold C. Havighurst, Law Reviews and Legal Education, 51 NW. U. L. REV. 22, 24 (1956) ("[T]he law reviews are published primarily in order that they may be written [rather than read].");
134. Alan W. Mewett, Reviewing the Law Reviews, 8 J. LEGAL EDUC. 188, 188 (1955) ("Few reviews are read; and although most⋯ are skimmed over in the hope of finding something worthwhile to read, some, perhaps, do not even have that honor conferred upon them."); Murray, supra note 87, at 567 (complaining that many articles result from "coercion and tradition" instead of "inspiration"); Rodell, supra note 106, at 38 ("There are two things wrong with almost all legal writing. One is its style. The other is its content."); Swygert & Bruce, supra note 83, at 789 (noting how a Supreme Court Justice would pretend to "scorn the disapproval" of a law review declaring his latest decision wrong). A few commentators thought law reviews useful.
135. See, e.g., GEORGE B. WEISIGER & BERNITA L. DAVIES, MANUAL FOR THE USE OF LAW BOOKS 57 (4th ed. 1951) (praising law reviews for containing "a large part of the best work in legal history, legal analysis, comparative jurisprudence, and comparative legislation" and for being better than all text-books "except those of the highest rank" on a page-by-page basis);
136. see also Jordan H. Leibman & James P. White, How the Student-Edited Law Journals Make Their Publication Decisions, 39 J. LEGAL EDUC. 387, 397 (1989) ("Critics are correct that virtually no one reads issues of generalist law reviews as they do news magazines or even trade publications. That is not to say they are unused or lack influence. Rather they serve as reference material waiting quietly in libraries for scholars, judges, students, and practitioners who need help in solving legal problems and in selling their solutions to the world." (footnotes omitted));
137. Scott M. Martin, The Law Review Citadel: Rodell Revisited, 71 IOWAL. REV. 1093, 1097 (1986) (suggesting that "[t]he availability of a forum open to all works ensures the uniquely democratic and diverse nature of the American system of legal education"); Richardson, supra note 105, at 386 (praising the role of law reviews in "quietly providing light which helps keep the common law on the right trail" and "shaping the law itself);
138. Michael Vitiello, Journal Wars, 22 ST. MARY'S L. J. 927, 938-39 (2011) (differentiating between "practice oriented journals" which "hardly encouraged intellectually stimulating articles" but focus on "the oatmeal of black letter law summaries that appeal to busy lawyers who believe that the bottom line is a fixed rule of law").
139. See, e.g., ARTHUR M. COHEN, THE SHAPING OF AMERICAN HIGHER EDUCATION: EMERGENCE AND GROWTH OF THE CONTEMPORARY SYSTEM 106-07 (1998) (reporting that by 1900 research universities had "become a special group among American institutions" and noting their advantages in library size, endowments, enrollments, graduate degrees awarded, and funding); id. at 162-63 (describing growth of gap in income between "the prominent institutions and the rank and file of colleges");
140. Philip J. Cook & Robert H. Frank, The Growing Concentration of Top Students at Elite Schools, in STUDIES OF SUPPLY AND DEMAND IN HIGHER EDUCATION 121, 121-26 (Charles T. Clotfelter & Michael Rothschild eds., 1993), available at http://www.nber.org/chapters/c6099 (discussing prestige hierarchies among universities generally).
141. Harvard's Money, cont., HARV. CRIMSON (Nov. 30, 1962), http://www.toecrimson. com/article/1962/11/30/harvards-money-cont-psince-the- latter/;
142. see also Peter Conti-Brown, Scarcity Amidst Wealth: The Law, Finance, and Culture of Elite University Endowments in Financial Crisis, 63 STAN. L. REV. 699, 704 (2011) (noting that university endowments have a value independent of "the financial wealth such funds represent That is, rather than simply an accumulation of excess capital, an elite university's endowment represents a symbol of status and prestige, similar to the university's libraries, art museums, architecture, faculty, and the prominence of its alumni." (citations omitted)).
143. See, e.g., Hurst, supra note 90, at 157 (noting that "research is [an] expensive business"), see also Gregory Preckshot, Comment, All Hail Emperor Law Review: Criticism of the Law Review System and its Success at Provoking Change, 55 MO. L. REV. 1005, 1010 (1990) (noting that Harvard's secondary journals have no trouble attracting contributors because "the name Harvard on the cover ensures more articles than space to print").
144. RYAN C. AMACHER & ROGER E. MEINERS, FAULTY TOWERS: TENURE AND THE STRUCTURE OF HIGHER EDUCATION 57 (2004) ("[T]he lack of a profit measure makes it difficult for any nonprofit organization to know how well it is doing."); Tamanaha, supra note 76, at 8 ("[L]aw schools are runner law professors." (emphasis in original)).
145. See Rosenkranz, supra note 108, at 859 (noting that the "[t]he recent indictment of the American law school as a reproducer of illegitimate hierarchy leaves one wondering whether nothing remains sacred" and summarizing critical literature to date of article). Much of this criticism is associated with the political left. See also James C. Foster, The "Cooling Out" of Law Students: Facilitating Market Cooptation of Future Lawyers, in GOVERNING THROUGH COURTS 177 (Richard A. L. Bambitta, Marlynn L. May & James C. Foster eds., 1981);
146. Duncan Kennedy, Legal Education as Training for Hierarchy, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 40 (David Kairys ed., 1982);
147. Jay M. Feinman, The Failure of Legal Education and the Promise of Critical Legal Studies, 6 CARDOZO L. REV. 739 (1985).
148. But see Wendy J. Gordon, Counter-Manifesto: Student-Edited Reviews and the Intellectual Properties of Scholarship, 61 U. CHI. L. REV. 541, 545 (1994) (agreeing that "[t]here is an aristocracy in the law school world which can lead to undervaluing the work of outsiders" while arguing that non-elite school faculty can publish in elite journals). Our point is different-we are not critiquing the politics of the legal education hierarchy, but examining its existence and impact on legal education.
149. Murray, supra note 87, at 567 (stating the "bulk" of scholarship written is "not necessarily from inspiration, but because [authors] are required to develop or maintain a scholarly reputation"); John E. Nowak, Woe Unto You, Law Reviews!, 27 ARIZ. L. REV. 317, 318 (1985) (arguing footnotes in law review articles are generally "unnecessary" and "a means of proving, whether or not it is true, that the author had spent a lot of time doing research for the article and deserves an even bigger raise from his dean"); Rodell, supra note 106, at 44 ("The leading articles⋯ are for the most part written by professors and would-be professors of law whose chief interest is getting something published so they can wave it in the faces of their deans when they ask for a raise, because the accepted way of getting ahead in law teaching is to break constantly into print in a dignified way.");
150. Elyce H. Zenoff & Jerome A. Barron, So You Want to Be a Law Professor?, 12 J. L. & EDUC. 379, 386 (1983) ("[A] law school, as an integral part of a university, shares its obligations to advance as well as transmit ordered knowledge."); see also Lindgren, supra note 116, at 1125 ("Law faculties have joined the rest of the university. Many law professors see their job as writing articles and books about law, rather than as writing articles and books that are law (secondary commentary that might be given weight when more central authorities are lacking)." (emphasis in original)). On university-level focus on scholarship, see Cohen, supra note 119, at 127-28 ("Research was clearly the endeavor that marked the rise of the professoriate.").
151. Cramton, supra note 22, at 2 ("The emergence of the student-edited law review coincides with the rise of the modern American law school about one hundred years ago."); see also Kenneth F. Burgess, Law Reviews and the Practicing Lawyer, 51 NW. U. L. REV. 10, 10 (1956) ("The primary purpose of all law school reviews is not their service to the bar as such, but is their value as an integral part of the process of legal education. ");
152. Bernard J. Hibbitts, Last Writes? Reassessing the Law Review in the Age of Cyberspace, 71 N. Y. U. L. REV. 615, 640 (1996);
153. See, e.g., Jean Stefancic & Richard Delgado, Outsider Scholars: The Early Stories, 71 CHI.-KENT L. REV. 1001 (1996).
154. Ira Mark Ellman, A Comparison of Law Faculty Production in Leading Law Reviews, 33 J. LEGAL EDUC. 681, 691-92 (1983) (noting, in this early 1980s study, that faculty at "top law schools" publish " disproportionately in their own journals" and concluding that "the major law reviews publish the work of their own faculty disproportionately often");
155. James Leonard, Seem' the Cites: A Guided Tour of Citation Patterns in Recent American Law Review Articles, 34 ST. LOUIS U. L. J. 181, 203 (1990) (finding law review citation rates affected by where its authors teach);
156. Olavi Maru, Measuring the Impact of Legal Periodicals, 1976 AM. B. FOUND. RES. J. 227, 245 (1976). (finding a "striking" disparity in that "high-impact journals cite each other to a much greater degree than they cite journals in other groups").
157. See Arthur D. Austin, Footnotes as Product Differentiation, 40 VAND. L. REV. 1131, 1145-47 (1987) (describing "author's note" as "the opportunity to consummate a cluster of self-serving goals" including "[crediting established leaders in the field for reading the manuscript" to give untenured authors "instant credibility" and "solidify and further expand establishment image");
158. see also Erik M. Jensen, The Law Review Manuscript Glut: The Need for Guidelines, 39 J. LEGAL EDUC. 383, 383 (1989) ("With serious substantive review impossible [because of the volume of submissions], authors' credentials have assumed greater importance than they should in the evaluation process."). Some have suggested this is because top schools' faculties write better articles.
159. See, e.g., Gregory Scott Crespi, Judicial and Law Review Citation Frequencies for Articles Published in Different "Tiers" of Law
160. C.f. Cane, supra note 71, at 221 ("[T]he pragmatic observation of a law school dean is most to the point: 'The men on this side of the desk have been there; that's why you have a law review.'" (quoting the former dean of Suffolk University Law School on the reasons for law reviews)). In addition, contributions to law reviews from practitioners and judges fell over time. See Judith S. Kaye, One Judge's View of Academic Law Review Writing, 39 J. LEGAL EDUC. 313, 320 (1989) ("Another noticeable change in law reviews is that fewer contributions today are made by judges and practitioners. Most articles are written by fulltime academics."). A 1966 survey found a higher percentage of articles by professors relative to attorneys and judges in law journals.
161. The Law Review-Is It Meeting the Needs of the Legal Community?, 44 DENV. L. J. 426, 452 tbl.10 (1967)
162. [hereinafter Meeting the Needs]. The top median LSAT schools had 17.8% articles by faculty, the next group 13.1%, the third group 16.9%, and the bottom group 18.3%. Id. (finding roughly two-thirds of all articles were published by students in all journals). Professors were ranked as the most desirable authors by a wide margin among professors (73.7%), attorneys (36.6%), and judges (38.6%). Id. at 452 tbl.l 1. The 1966 survey found "no indication that the better reviews have different preferences for particular [types of] authors." Id. at 452. It also found that "not a single professor expressed a preference for attorneys as authors." Id. at 453.
163. Kester, Faculty Participation in the Student-Edited Law Review, 36 J. LEGAL EDUC. 14, 14 (1986).
164. James Lindgren, An Author's Manifesto, 61 U. CHI. L. REV. 527, 528-31 nos. 1, 10 & 13 (1994). Perhaps the most alarming account describes the editing of a symposium issue: [T]he editors of one journal kept cutting down the length of an article by a pair of contributors from a nonelite law school, claiming that the arguments weren't worth publishing. Then by some strange process of osmosis, text cut from the pair's submission began appearing in the manuscript of a famous professor from the editors' home school. Apparently, the editors were pasting pieces of one manuscript into someone else's. Id. at 528.
165. See, e.g., Max Stier, Kelly M. Klaus, Dan L. Bagatell & Jeffrey J. Rachlinski, Law Review Usage and Suggestions for Improvement: A Survey of Attorneys, Professors, and Judges, 44 STAN. L. REV. 1467, 1487-90 (1992) (noting importance of law review membership for clerkships and firm jobs); Thompson, supra note 22, at 20 (reporting that director of placement at Georgetown found large firm employers prefer law review students).
166. Abiel Wong, Note, "Boalt-ing" Opportunity?: Deconstructing Elite Norms in Law School Admissions, 6 GEO. J. ON POVERTY L. & POL'Y 199, 239-40, 248 (1999).
167. Not every school competed, of course. For example, in a paper for a national conference on legal education, the University of Alabama's law dean noted the "real differences in types and functions" between "local" and "national" law schools, stating that "[c]ertainly it would be commonly agreed that Harvard is a national school, and it is equally clear that the Law School of the University of Alabama is a local school", basing his distinction on Harvard's drawing students from the country at large and Alabama getting "more than ninety percent" Alabama residents. M. Leigh Harrison, The Functions of Local Law Schools, in THE LAW SCHOOLS LOOK AHEAD 1959 CONFERENCE ON LEGAL EDUCATION 131, 131 (1959).
168. Percentages calculated based on figures in SPECIAL COMM. ON LAW SCH. ADMIN. & UNIV. RELATIONS, ASS'N OF AM. LAW SCHS., ANATOMY OF MODERN LEGAL EDUCATION: AN INQUIRY INTO THE ADEQUACY AND MOBILIZATION OF CERTAIN RESOURCES IN AMERICAN LAW SCHOOLS 112 (1961)
169. [hereinafter SPECIAL COMM.]. The raw numbers are the following: merit only (273), merit and need (275), and need only (142). The Committee identified the "two great pressures" on law schools as "better students" and enabling students to afford school. Id.; see also Swords & Walwer, supra note 69, at 266 tbl.7 (noting that among nine schools studied, the proportion of students who could have been given full aid based on total scholarship awards ranged between 0% and 19% in 1955-56 and 4% and 23% in 1970-71).
170. Stanley E. Harper, Jr., Caution, Research Ahead, 13 J. LEGAL EDUC. 411, 411 (1961).
171. See Michael Cicchini, Law Review Publishing: In Search of a Useful Ranking System, LEGAL WATCHDOG (Feb. 9, 2013, 12:56 PM), http:// thelegalwatchdog.blogspot.com/2013/02/law-review-publishing-in-search-of.html.
172. See Theodore P. Seto, Where Do Partners Come From?, 62 J. LEGAL EDUC. 242, 244 (2012).
173. See generally JOHN P. HEINZ, ROBERT L. NELSON, REBECCA L. SANDEFUR & EDWARD O. LAUMANN, URBAN LAWYERS: THE NEW SOCIAL STRUCTURE OF THE BAR (2005);
174. see JOHN P. HEINZ & EDWARD LAUMANN, CHICAGO LAWYERS: THE SOCIAL STRUCTURE OF THE BAR 59-61 (1982) (noting that the legal profession is divided into "two broad types of lawyers: those serving corporations and those serving individuals and individuals' small businesses" and noting that "[t]o the extent that practitioners of the most elite forms of corporate law graduated from the same few law schools, while personal injury or criminal lawyers studied at less prestigious, local law schools, 'old school tie' networks may increase the social distance between these types of practice" (footnote omitted)); see also Thorne, supra note 25, at 152 ("[I]n the origins and destinations of their student bodies, law schools vary tremendously, much more than medical schools and graduate schools of arts and sciences-The stratification of the legal profession parallels the stratification of law schools.").
175. See Tom Ginsburg & Thomas J. Miles, Empiricism and the Rising Incidence of Coauthorship in Law, 2011 U. ILL. L. REV. 1785, 1795 ("More and more entry-level [legal teaching] candidates have PhDs in social sciences like economics or political science."). Trends toward interdisciplinary legal scholarship and the increasing number of law faculty with PhDs have received considerable attention.
176. See, e.g., Jack M. Balkin & Sanford Levinson, Law and the Humanities: An Uneasy Relationship, 18 YALE J. L. & HUMAN. 155 (2006);
177. Jane B. Baron, Interdisciplinary Scholarship as Guilty Pleasure: The Case of Law and Literature, in LAW & LITERATURE 21 (Michael Freeman & Andrew D. E. Lewis eds., 1999), available at http://papers.ssrn. com/sol3/papers.cfm? abstract-id=904228;
178. Stephen M. Feldman, The Transformation of an Academic Discipline: Law Professors in the Past and Future (or Toy Story Too), 54 J. LEGAL EDUC. 471 (2004);
179. David A. Hollander, Interdisciplinary Legal Scholarship: What Can We Learn from Princeton's Long-Standing Tradition?, 99 LAW LIBR. J. 771 (2007);
180. Richard A. Posner, The Decline of Law as an Autonomous Discipline: 1962-1987, 100 HARV. L. REV. 761 (1987);
181. Richard A. Posner, The Present Situation in Legal Scholarship, 90 YALE L. J. 1113 (1981).
182. See, e.g., Information on JD-PhD, NORTHWESTERN L., http://www.law. northwestern. edu/academics/jdphd/ ("There is a growing trend among top law schools to hire faculty who have PhDs as well as law degrees.") - This corresponds with our view of hiring data based on our experiences at our various institutions over the years.
183. see also William D. Henderson, How the "Cravath System" Created the Bi-Modal Distribution, LEGAL PROF. BLOG (July 18, 2008), http://lawprofessors.typepad.com/legal-profession/2008/07/how-the-cravath.html;
184. William D. Henderson, Part II: How Most Law Firms Misapply the "Cravath System ", LEGAL PROF. BLOG (July 29, 2008), http://lawprofessors.typepad.com/legal-profession/2008/07/part-ii-how-mos.html.
185. See William D. Henderson, Law Firm Strategies for Human Capital: Past, Present, Future, in STUDIES IN LAW, POLITICS, AND SOCIETY 73 (Austin Sarat ed., 2010).
186. See generally MARC GALANTER & THOMAS PALAY, TOURNAMENT OF LAWYERS: THE TRANSFORMATION OF THE BIG LAW FIRMB (1991);
187. Marc Galanter & William Henderson, The Elastic Tournament: The Second Transformation of the Big Law Firm, 60 STAN. L. REV. 1867 (2008).
188. See William D. Henderson & Leonard Bierman, An Empirical Analysis of Lateral Lawyer Trends from 2000 to 2007: The Emerging Equilibrium for Corporate Law Firms, 22 GEO. J. LEGAL ETHICS 1395, 1396-97 (2009) (reporting data on changes in law firms during the last thirty years).
189. Robert Stevens, Law Schools and Law Students, 59 VA. L. REV. 551, 625 (1973). The six schools were Boston College, the University of Connecticut, the University of Iowa, the University of Michigan, Stanford University, and Yale University. Id. at 557 n. 20. Similarly, a study of law students in 1961 found a high degree of stratification in where students went to law school, with the top eight schools (defined by median LSAT above 572) drawing on a quite different pool of students than the sixteen schools with LSAT medians between 485 and 571 and the hundred schools with median LSAT scores below 485.
190. SEYMOUR WARKOV, LAWYERS IN THE MAKING 53-64 (1965).
191. See generally Jeffrey Evans Stake, The Interplay Between Law School Rankings, Reputations, and Resource Allocation: Ways Rankings Mislead, 81 IND. L. J. 229 (2006).
192. See David L. Gregory, The Assault on Scholarship, 32 WM. & MARY L. REV. 993, 995(1991), available at http://scholarship. law.wm.edU/wmlr/vol32/ iss4/5 (discussing misperceptions about mediocre legal scholarship);
193. Kenneth Lasson, Commentary, Scholarship Amok: Excesses in the Pursuit of Truth and Tenure, 103 HARV. L. REV. 926, 926-28 (1990) (suggesting that legal scholarship in law reviews is valuable, but not when there is an excess of law reviews);
194. Richard A. Posner, The State of Legal Scholarship Today: A Comment on Schlag, 97 GEO. L. J. 845, 850 (2008) ("But in the current, 'normal science' era of law (as of literature, philosophy, and classics), there are more law professors than there are good scholarly topics that they are capable of addressing⋯.");
195. Deborah L. Rhode, Legal Scholarship, 115 HARV. L. REV. 1327, 1331 (2002) (comparing legal scholarship to scholarship in other fields, noting "[bjaldly stated, the uncomfortable fact is that too much of the legal scholarship now produced is of too little use to anyone");
196. Pierre Schlag, Spam Jurisprudence, Air Law, and the Rank Anxiety of Nothing Happening (A Report on the State of the Art), 97 GEO. L. J. 803, 820 (2009) ("We are not like other departments. Philosophy might become intellectually sterile. Sociology might hit a dead-end. Classics might run out of texts. And if so, the university will cut budgets, withhold lines, invest elsewhere. Grants will dry up. But the discipline of law is relatively immune to such corrective actions: its necessity, its continued existence, is secured not so much by the value of its intellectual achievements but by the requirements of the organized bar. We legal academics never have to justify that what we know is a valuable thing.").
197. See George L. Priest, Triumphs or Failings of Modern Legal Scholarship and the Conditions of Its Production, 63 U. COLO. L. REV. 725, 726 (1992) ("All law journals are subsidized in some way: most by the law schools at which they are published⋯.");
198. Bruce Ryder, The Past and Future of Canadian Generalist Law Journals, 39 ALTA. L. REV. 625, 626 (2001) (noting the fact that characteristic features of the American model of law review include "beginners [being] responsible for editing a scholarly journal without substantial faculty involvement" and distinguishing the Canadian law review model from some of the "distinctly absurd features of the dominant American model").
199. See Tamanaha, supra note 76, at 52 ("Our pay is excellent, the stress is low, the hours are whatever we want them to be, we have no boss, and our job security is nigh impregnable."); Brent E. Newton, Preaching What They Don't Practice: Why Law Faculties' Preoccupation with Impractical Scholarship and Devaluation of Practical Competencies Obstruct Reform in the Legal Academy, 62 S. C. L. REV. 105 (2010).
200. But see Jay Sterling Silver, The Case Against Tamanaha's Motel 6 Model of Legal Education, 60 UCLA L. REV. DISCOURSE 50(2012), available at http://www.uclalawreview.org/pdf/discourse/60-4.pdf.
201. REED, PRESENT-DAY LAW SCHOOLS, supra note 35. In a few cases, we counted more than one school in a state (California, Illinois, Louisiana, and New York) where there were multiple schools with similar data as well as a large group of schools with lesser credentials. The list included: University of Alabama, University of Arkansas, University of California at Berkeley, Stanford, University of Colorado, Yale, Catholic University, University of Florida, University of Georgia, University of Chicago, University of Illinois, Northwestern University, Indiana University-Bloomington, University of Iowa, University of Kansas, Louisiana State University, Tulane University, Harvard University, University of Michigan, University of Minnesota, University of Missouri at Columbia, Washington University, University of Nebraska, Columbia University, New York University, University of North Carolina, Case Western Reserve University, Ohio State University, University of Oklahoma, University of Oregon, University of Pennsylvania, University of South Carolina, University of South Dakota, University of Tennessee, University of Texas, University of Washington, and University of Wisconsin.
202. These sources include: JACK GOURMAN, THE GOURMAN REPORT: A RATING OF AMERICAN AND INTERNATIONAL UNIVERSITIES (1977)
203. [hereinafter GOURMAN, AMERICAN AND INTERNATIONAL UNIVERSITIES];
204. JACK GOURMAN, THE GOURMAN REPORT: RATINGS OF AMERICAN COLLEGES (1967)
205. [hereinafter GOURMAN, AMERICAN COLLEGES];
206. CHARLES D. KELSO, ASS'N OF AM. LAW SCHS., THE AALS STUDY OF PART-TIME LEGAL EDUCATION (1972) (Annual Meeting Proceedings, Part One, Section II);
207. REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47;
208. Peter M. Blau & Rebecca Zames Margulies, A Research Replication: The Reputations of American Professional Schools, CHANGE, Winter 1974-75, at 42;
209. The Cartter Report on the Leading Schools of Education, Law, and Business, CHANGE, Feb. 1977, at 44
210. [hereinafter Cartter Report];
211. Edwin R. Embree, In Order of Their Eminence: An Appraisal of American Universities, ATLANTIC MONTHLY, June 1935, at 652-64 (reviewing universities rather than law schools);
212. Charles D. Kelso, Adding Up the Law Schools: A Tabulation and Rating of Their Resources, 2 LEARNING & LAW 38 (1975);
213. Chesly Manly, 'Greatest Schools in Nation'-A New Survey by Tribune, CHI. TRIB., Apr. 21, 1957, at 1.
214. In addition, we used the U. S. News & World Report rankings of law schools from their inception through 2009. We also used two histories of Supreme Court clerks: TODD C. PEPPERS, COURTIERS OF THE MARBLE PALACE: THE RISE AND INFLUENCE OF THE SUPREME COURT LAW CLERK (2006)
215. and ARTEMUS WARD & DAVID L. WEIDEN, SORCERERS' APPRENTICES: 100 YEARS OF LAW CLERKS AT THE UNITED STATES SUPREME COURT (2006).
216. Richard A. Posner, The Present Situation in Legal Scholarship, 90 YALE L. J. 1113, 1118 (1981)
217. (quoting Alumni Weekend, YALE L. REP., Winter 1978-79, at 4, 7).
218. Compare, e.g., Kelso, supra note 169, at 39 (comparing schools based on resources and explicitly disclaiming making quality judgments, in 1975), with GOURMAN, AMERICAN AND INTERNATIONAL UNIVERSITIES, supra note 169 (comparing schools based on opaque methodology and making quality judgments, in 1977).
219. SPECIAL COMM., supra note 138, at 390, 396-97.
220. SPECIAL COMM., supra note 138, at 448. Focusing on library resources is particularly appropriate since the library was at the heart of the Langdellian model. The library, as Langdell termed it, was "to us what the laboratory is to the chemist or the physicist and what the museum is to the naturalist."
221. HARVARD LAW SCH. ASS'N, THE CENTENNIAL HISTORY OF THE HARVARD LAW SCHOOL 1817-1917, at 97 (1918).
222. ASS'N OF AM. LAW SCHS., PRE-LAW HANDBOOK, PART TWO: ACCREDITED LAW SCHOOLS IN THE UNITED STATES (1967).
223. Elie Mystal, Second-Tier Law Schools Feel the Squeeze as They Stubbornly Keep Tuition Rates High, ABOVE THE LAW (Sept. 26, 2013, 12:49 PM), http://abovethelaw.com/2013/09/second-tier-law-schools-feel-the-squeeze-as-they- stubbomly-keep-tuition-high/.
224. Best Law Schools, supra note 3, at 74.
225. See, e.g., Richard H. Lee, Administration of the Law Review, 9 J. LEGAL EDUC. 223, 224 (1956) (stating that a goal of having a law review is "prestige for the law school, a not unworthy end in this day of the press release and the public relations office").
226. See, e.g., Havighurst, supra note 118, at 24 ("Since such a publication [law review] is regarded as a necessary adjunct of legal education, without it a school would lose status."); Hervey, supra note 93, at 151 (stating that "there are too many law school reviews" which were "established without any demonstrated need" and that "[a]t least half could be abolished); McKelvey, supra note 19, at 882 (finding from 1890 to the Great Depression, "a steady increase occurred in the number of such reviews until it seemed as though every school in the United States would be a participant in this field"); Mewett, supra note 116, at 188 (a new law school "feels that it must get on the worthless roundabout of reputationbuilding" through the publication of its own law review); Miller, supra note 108, at 89 ("It is doubtless too late to raise the question of whether publication of several dozen law reviews serves any really useful purpose."). When UCLA somewhat belatedly began its review in 1953, the inaugural issue included the comment by Berkeley Dean William Prosser that "[n]o major law school is now without its law review." Messages of Greeting to the U. C. L. A. Law Review, supra note 84, at 2. Certainly by the 1970s, the proliferation of journals meant that hosting a single journal or even just a few was no longer a mark of elite status.
227. See Thomas G. Brown, The University of Colorado Law Review; Fifty Years of Quality, 51 U. COLO. L. REV. 2, 3 (1979) (noting that more than fifty new law journals had started since 1970, making the total over 350, and suggesting this number to be "a bit much"). As one defender of law reviews noted, however, the expansion in court opinions, statutes, and administrative rules and decisions was even greater.
228. See John Paul Jones, In Praise of Student-Edited Law Reviews: A Reply to Professor Dekanal, 57 UMKC L. REV. 241, 244 (1989).
229. Meeting the Needs, supra note 130, at 428. Over4100 articles were analyzed and the legal community was surveyed about the journals. Id. at 428-29.
230. Tracey E. George & Chris Guthrie, An Empirical Evaluation of Specialized Law Reviews, 26 FLA. ST. U. L. REV. 813, 814 (1999).
231. See Jennifer L. Carter, The Rise and Rise of the Specialty Journals at Harvard Law School 10-13 (Harvard Law Sch. Student Scholarship Series, Paper No. 12, 2007), available at http://lsr.nellco.org/harvard-students/12 (describing creation of Harvard Journal on Legislation as both motivated by ideology and democratizing journal selection).
232. Gregory Scott Crespi, Ranking the Environmental Law, Natural Resources Law, and Land Use Planning Journals: A Survey of Expert Opinion, 23 WM. & MARY ENVTL. L. & POL'YREV. 273, 287 (1998).
233. Citation counts have been criticized as biased toward "elite" journals; for our purposes this is not a problem as we are interested in using them to define elite journals. E.g., Stier, et al., supra note 134, at 1474 ("[AJlmost all citation-counting surveys are dominated by articles appearing in 'elite' law reviews (or, in the case of citations of particular journals, by the 'elite' journals themselves)."). Russell Korobkin argues they lead to a focus on "citability", which is "associated rather closely with scholarly value" although they form "a far from perfect basis for ranking journals." Russell Korobkin, Ranking Journals: Some Thoughts on Theory and Methodology, 26 FLA. ST. U. L. REV. 851, 865 (1999). Among other problems, he notes that subject matter influences citation patterns, with articles on equal protection more likely to be cited than articles on bankruptcy. Id. at 869.
234. We thus excluded Crespi, supra note 213 (examining only citations to fifteen journals); Theodore Eisenberg & Martin T. Wells, Ranking and Explaining the Scholarly Impact of Law Schools, 27 J. LEGAL STUD. 373 (1998) (measuring thirty-two law schools' reputations, twenty of which were selected based on U. S. News and twelve of which were selected for "eclectic" reasons like educational approach);
235. and Deborah J. Merritt & Melanie Putnam, Judges and Scholars: Do Courts and Scholarly Journals Cite the Same Law Review Articles?, 71 CHI.-KENT L. REV. 871 (1996) (examining a limited subset of articles).
236. James Cleith Phillips & John Yoo, The Cite Stuff: Inventing a Better Law Faculty Relevance Measure (Univ. of Cal. Berkeley Pub. Law Research Paper No. 2140944, 2012), available at http://ssrn. com/abstract=2140944.
237. See, e.g., J. M. Balkin & Sanford Levinson, How to Win Cites and Influence People, 71 CHI.-KENT L. REV. 843, 849 (1996) (giving the following three maxims for maximizing citations: (1) " (Make sure that you have already) Attend (ed) Harvard, Yale, or the University of Chicago Law Schools"; (2) "Publish all of your articles in the Harvard Law Review, the Yale Law Journal, or the University of Chicago Law Review"; and (3) "Take a job as an assistant professor at the Harvard, Yale, or University of Chicago Law Schools").
238. Richard A. Mann, The Use of Legal Periodicals by Courts and Journals, 26 JURIMETRICS J. 400, 401 (1986).
239. Fred R. Shapiro & Michelle Pearse, The Most-Cited Law Review Articles of All Time, 110 MICH. L. REV. 1483 (2012) [hereinafter Shapiro & Pearse, 2012];
240. Fred R. Shapiro, The Most-Cited Law Reviews, 29 J. LEGAL. STUD. 389 (2000) [hereinafter Shapiro, 2000];
241. Fred R. Shapiro, The Most-Cited Law Review Articles Revisited, 71 CHI.-KENT L. REV. 751 (1996) [hereinafter Shapiro, 1996];
242. Fred R. Shapiro, The Most-Cited Law Review Articles, 73 CAL. L. REV. 1540 (1985) [hereinafter Shapiro, 1985]. Landes and Posner offered some methodological critiques of Shapiro's approach.
243. William M. Landes & Richard A. Posner, Heavily Cited Articles in Law, 71 CHI.-KENT L. REV. 825 (1996).
244. But see Fred R. Shapiro, Response to Landes and Posner, 71 CHI.-KENT L. REV. 841 (1996). While Landes and Posner's critiques raise important methodological points, we find Shapiro's analyses to be important markers for elite status. We wish someone would perform the study Landes and Posner outline; until someone does, Shapiro's studies are the best available alternative.
245. (quoting E. GARFIELD, CITATION INDEXING: ITS THEORY AND APPLICATION IN SCIENCE, TECHNOLOGY, AND HUMANITIES 241 (1979))).
246. Ira Mark Ellman, A Comparison of Law Faculty Production in Leading Law Reviews, 33 J. LEGAL EDUC. 681, 681 (1983). Although there is potentially a degree of circularity in defining "elite" schools based on "elite" journals, where the measure of "elite" status of the journals is the school publishing the journal, Ellman's reliance on the citation measure for the journals solves the problem sufficiently for us to have confidence that his results are not dictated by the choice of journals.
247. Michael I. Swygert & Nathaniel E. Gozansky, Senior Law Faculty Publication Study: Comparisons of Law School Productivity, 35 J. LEGAL EDUC. 373 (1985). The methodology is described in detail on pages 376-80.
248. Id. at 389 tbl.5. For a critique of their study, see David H. Kaye & Ira Mark Ellman, The Pitfalls of Empirical Research: Studying Faculty Publication Studies, 36 J. LEGAL EDUC. 24 (1986).
249. The 2012 ranking is available at http://lawlib.wlu.edu/LJ/index.aspx.
250. Older rankings are available at http://lawlib.wlu.edu/LJ/index01derYears. aspx.
251. The methodology is described in detail at http://lawlib.wlu.edU/LJ/ method.asp#methodology. Of course, the Washington and Lee division is arbitrary in certain respects, as different break points might have been chosen. Nonetheless, we think it divides the universe of journals relatively cleanly. In addition, it puts sixteen schools in the top tier (which parallels the stable top fourteen in the U. S. News rankings) and then creates two sets of roughly thirty schools in the next two tiers.
252. Executive Board, Chicago-Kent Law Review Faculty Scholarship Survey, 65 CHI.-KENT L. REV. 195 (1989);
253. Janet M. Gumm, Chicago-Kent Law Review Faculty Scholarship Survey, 66 CHI.-KENT L. REV. 509 (1990);
254. Colleen M. Cullen & S. Randall Kalberg, Chicago-Kent Law Review Faculty Scholarship Survey, 70 CHI.-KENT L. REV. 1445 (1995). In addition, a survey by Professors James Lindgren and Daniel Seltzer used similar data to identify the most productive faculties and professors.
255. See James Lindgren & Daniel Seltzer, The Most Prolific Law Professors and Faculties, 71 CHI.-KENT L. REV. 781 (1996).
256. Ronen Perry, The Relative Value of American Law Reviews: Refinement and Implementation, 39 CONN. L. REV. 1 (2006)
257. [hereinafter Perry, Refinement];
258. see also Ronen Perry, The Relative Value of American Law Reviews: A Critical Appraisal of Ranking Methods, 10 VA. J. L. & TECH. 1 (2005).
259. Perry, Refinement, supra note 242, at 28-29.
260. For an index to Letter's multiple rankings, see Brian Leiter, Brian Leiter's Newest Rankings, LEITER RANKINGS, http://www.leiterrankings.com/new/ index.shtml.
261. We selected the following Leiter rankings: Brian Leiter, Top 70 Law Faculties in Scholarly Impact, 2007-2011, LEITERRANKINGS (July 2012), http://www.leiterrankings.com/new/2012-scholarlyimpact.shtml;
262. Brian Leiter, Top Producers of Law Teachers at the Leading Law Schools Since 1995, LEITERRANKINGS (Jan. 31, 2011), http://leiterrankings.com/new/2011- LawTeachers.shtml;
263. Brian Leiter, So with 60, 000 Votes on Paired Comparisons of 60 Law Schools⋯. LEITER L. SCH. BLOG (Jan. 15, 2011), http://leiterlawschool. typepad.com/leiter/2011/01/so-with-60000-votes-on-paired-comparisons-of-60-law- schools.html;
264. Brian Leiter, Top 25 Law Faculties n Scholarly Impact, 2005-2009, LETTERRANKINGS, http://www.leiterrankings.com/new/2010-scholarlyimpact.shtml;
265. Brian Leiter, Top 10 Law Faculties in Scholarly Impact, 2005-2008, LEITERRANKINGS (Feb. 19, 2009), http://www.leiterrankings.com/faculty/ 2008faculty-impact.shtml;
266. Brian Leiter, Where Current Faculty Went to Law School, LEITERRANKINGS (Mar. 17, 2009), http://www.leiterrankings.com/jobs/2009job-teaching.shtml;
267. Brian Leiter, The Top 15 Schools from Which the Most " Prestigious" Law Firms Hire New Lawyers, LEITERRANKINGS (Oct. 13, 2008), http://www.leiterrankings.com/jobs/2008job-biglaw.shtml;
268. Brian Leiter, Top 35 Law Faculties Based on Scholarly Impact, 2007, LEITERRANKINGS (Sept. 1, 2007), http://www.leiterrankings.cora/faculty/ 2007faculty-impact.shtml;
269. Brian Leiter, Brian Leiter's Most Downloaded Law Faculties, 2006, LEITERRANKINGS (Mar. 6, 2007), http://www.leiterrankings.com/faculty/ 2007faculty-downloads.shtml;
270. Brian Leiter, Brian Leiter's Rankings of Law Schools by Student Quality, 2006, LETTERRANKiNGS, http://www.leiten-ankings.com/students/2006student- quality.shtml;
271. Brian Leiter, Faculty Quality Based on AAAS Membership, 2006, LEITERRANKINGS (Dec. 2006), http://www.leiterrankings.com/faculty/ 2006aaasmembership. shtml;
272. Brian Leiter, Brian Leiter's Best Law Schools for the "Best" Jobs in Law Teaching, LEITERRANKINGS (July 25, 2006), http://www.leiterrankings. com/jobs/2006job-teaching.shtml;
273. Brian Leiter, Faculty Quality Based on Scholarly Impact, 2005, LEITERRANKINGS (Apr. 2006), http://www.leiterrankings.com/faculty/2005faculty- impact-cites.shtml (median numbers);
274. Brian Leiter, Supreme Court Clerkship Placement, 1991 Through 2005 Terms, LEITERRANKINGS (Jan. 16, 2006), http://www.leiterrankings.com/jobs/1991scotus- clerks.shtml.
275. Swygert & Bruce, supra note 83, at 788; see also Palmer D. Edmunds, Hail to Law Reviews, 1 J. MARSHALL J. PRAC. & PROC. 1, 4 (1967) (quoting Cardozo in 1923 that "hardly less notable" than the "words of Williston and Wigmore" were "the studies in smaller fields which are made month by month in the columns of the reviews");
276. Samuel Nirenstein, The Law Review and the Law School, 1 N. Y. U. L. Rev. 31, 36 (1924) ("With increasing frequency, [law reviews are] being cited by judges, and sometimes extracts are quoted.").
277. Chester A. Newland, Legal Periodicals and the United States Supreme Court, 7 U. KAN. L. REV. 477, 482 (1959). The other two journals were Law & Contemporary Problems (32) and the A. B. A. Journal (14). Id. Some of the difference in rank order is likely due to differences in page counts.
278. Neil N. Bernstein, The Supreme Court and Secondary Source Material: 1965 Term, 57 GEO. L. J. 55, 67 (1968). The survey suggested that "[t]he only plausible explanation for this overwhelming preference for Harvard is a conspiracy in restraint of trade among the Justices' law clerks." Id. at 67; see also Stier, supra note 134, at 1474 (attributing dominance of elite reviews in Supreme Court citation counts to clerks being likely to cite their own schools' journals).
279. Wes Daniels, "Far Beyond the Law Reports ": Secondary Source Citations in United States Supreme Court Opinions October Terms 1900, 1940, and 1978, 76 LAW LIBR. J. 1, 15 (1983);
280. John Scurlock, Scholarship and the Courts, 32 UMKC L. REV. 228, 228-32 (1964). The five areas were blood tests, breath tests, radar, insanity, and sexual psychopathy.
281. Louis J. Sirico, Jr. & Jeffrey B. Margulies, The Citing of Law Reviews by the Supreme Court: An Empirical Study, 34 UCLA L. REV. 131, 131-32 (1986).
282. See Louis J. Sirico, Jr., The Citing of Law Reviews by the Supreme Court: 1971-1999, 75 IND. L. J. 1009, 1010-11 (2000).
283. Louis J. Sirico, Jr. & Beth A. Drew, The Citing of Law Reviews by the United States Courts of Appeals: An Empirical Analysis, 45 U. MIAMI L. REV. 1051, 1052 (1991).
284. Robert M. Jarvis & Phyllis G. Coleman, Ranking Law Reviews: An Empirical Analysis Based on Author Prominence, 39 ARIZ. L. REV. 15 (1997).
285. Scott Finet, The Most Frequently Cited Law Reviews and Legal Periodicals, 9 LEGAL REFERENCE SERVICES Q. 227, 227 (1989).
286. See Cameron Allen, Duplicate Holding Practices of Approved American Law School Libraries, 62 LAW LIBR. J. 191 (1969).
287. Nancy P. Johnson, Legal Periodical Usage Survey: Method and Application, 71 LAW LIBR. J. 177 (1978). The methodology is described at 178-79.
288. Margaret A. Goldblatt, Current Legal Periodicals: A Use Study, 78 LAW LIBR. J. 55, 56 (1986).
289. Kincaid C. Brown, How Many Copies Are Enough? Using Citation Studies to Limit Journal Holdings, 94 LAW LIBR. J. 301 (2002). The prior studies relied upon are: Cullen & Kalberg, supra note 238; Daniels, supra note 252; Executive Board, supra note 238; Gumm, supra note 238; Leonard, supra note 127; Maggs, supra note 103; Mann, supra note 224; Maru, supra note 127; Newland, supra note 250; Shapiro, 2000, supra note 229; Sirico, supra note 256; Sirico & Drew, supra note 260; and Sirico & Margulies, supra note 254.
290. Crespi, supra note 213, at 273. See generally Gregory Scott Crespi, Ranking International and Comparative Law Journals: A Survey of Expert Opinion, 31 INT'L LAW. 869 (1997).
291. Jagdeep S. Bhandari, Nicholas P. Cafardi & Matthew Martin, Who Are These People? An Empirical Profile of the Nation's Law School Deans, 48 J. LEGAL EDUC. 329, 331 (1998) (empirical study of deans).
292. Donna Fossum, Law Professors: A Profile of the Teaching Branch of the Legal Profession, 1980 AM. BARFOUND. RES. J. 501, 507 tbl.2. These schools were: Harvard, Yale, Columbia, Michigan, Chicago, NYU, Georgetown, Texas, Virginia, Berkeley, Pennsylvania, Wisconsin, Northwestern, Stanford, Iowa, Illinois, Minnesota, Cornell, Duke, and George Washington.
293. Robert J. Borthwick & Jordan R. Schau, Gatekeepers of the Profession: An Empirical Profile of the Nation's Law Professors, 25 U. MICH. J. L. REFORM 191, 194, 226-27 tbl.27 (1991). These are: Harvard, Yale, Columbia, Chicago, Michigan, NYU, Virginia, Berkeley, Georgetown, Wisconsin, Texas, Pennsylvania, and Stanford. Id.
294. Scott Van Alstyne, Ranking the Law Schools: The Reality of Illusion?, 1982 AM. B. FOUND. RES. J. 649, 652-53.
295. See Jeffrey Selingo, A Self-Published College Guide Goes Big Time, and Educators Cry Foul, CHRON. HIGHER EDUC. (Nov. 7, 1997), http://web.archive.org/ web/20071215111105/http://chronicle.com/free/v44/i11/11a00101.htm (summarizing critiques).
296. Rebecca Zames Margulies & Peter M. Blau, America's Leading Professional Schools, 5 CHANGE 21, 24 (1973). The schools listed were Harvard, Yale, Michigan, Columbia, and Chicago. Id.
297. The Popular Vote: Rankings of the Top Schools (A Staff Report), 6 JURIS DOCTOR 17, 18 (1976)
298. [hereinafter Popular Vote].
299. William S. Strong, The Top Ten Law Schools, TOWN & COUNTRY, Aug. 1979, at 69. The top ten were: Berkeley, Chicago, Columbia, Harvard, Michigan, NYU, Pennsylvania, Stanford, Virginia, and Yale. Id. These surveys are comprehensively critiqued in Van Alstyne, supra note 300, at 656-59.
300. The survey provided academic quality and employment value surveys of both deans and readers. Popular Vote, supra note 307, at 17.
301. Brains for the Bar, U. S. NEWS & WORLD REP., Nov. 2, 1987, at 72, 73 (listing the top 20 law schools based on a survey of 183 law school deans that asked them to rank the nation's ten best law schools).
302. CYNTHIA L. COOPER, THE INSIDER'S GUIDE TO THE TOP FIFTEEN LAW SCHOOLS (1990).
303. Indeed, two of us have written about the rankings, including the problems. See Andrew P. Morriss & William D. Henderson, Measuring Outcomes: Post-Graduation Measures of Success in U. S. News & World Report Law School Rankings, 83 IND. L. J. 791 (2008)
304. [hereinafter Henderson & Morriss, Measuring Outcomes]; Henderson & Morriss, supra note 50;
305. William D. Henderson & Andrew P. Morriss, The New Math of Legal Education, YOUNG LAWYER, July 2008, at 1.
306. See, e.g., Stephen P. Klein & Laura Hamilton, The Validity of the U. S. News and World Report Rankings, ASS'N OF AM. LAW SCHS. (Feb. 18 1998), http://www.aals.org/reports/validity.html (explaining that "90% of the overall differences in ranks among schools can be explained solely by the median LSAT score of their entering classes");
307. William D. Henderson, Can Stanford Be #7 in the US News Rankings? The Data, LEGAL PROF. BLOG (July 31, 2010), http://lawprofessors.typepad.com/legal- profession/2010/07/can-stanford-be-l-in-the-us-news-rankings.html (explaining how Stanford could become ranked first, ahead of Harvard and Yale, by spending more, even if spending was wasteful).
308. Brian Leiter, The U. S. News Law School Rankings: A Guide for the Perplexed, LEITERRANKINGS (May 2003), http://www.leiterrankings.com/usnews/ guide.shtml.
309. Lucinda Jesson, So You Want to Be a Law Professor, 59 J. LEGAL EDUC. 450, 453 (2010) ("Your competition may come from one of the burgeoning fellowship and visiting assistant professor programs which groom recent graduates for the academy. Most will not have your experience, but they will have an inside track on what faculties are looking for in the job talk.").
310. Mike Madison, The Real Problem with Law Teaching Fellowships, MADISONIAN. NET (Dec. 5, 2007), http://madisonian. net/2007/12/05/the-real-problem-with- law-teaching-fellowships/ (discussing the author's experience as a Climenko Fellow at Harvard Law School).
311. David Bernstein, Fellowships for Aspiring Law Professors, VOLOKH CONSPIRACY (Feb. 16, 2012), http://www.volokh.com/2012/02/16/fellowships-for- aspiring-law-professors-2/ ("The growth of these fellowships has been quite remarkable. I managed to scrounge one in 1994 at Columbia, but that one was funded specifically for me for that year only, and it was unusual in those days to do a fellowship before entering the academy. Now, it's commonplace, almost expected unless a candidate has a PhD in a law-related subject area, and maybe even then. ").
312. We assembled data about VAP programs available from a number of different sources, including VAP program lists from 2005-12 on Paul Caron's TaxProf Blog, as well as information on law school websites and other sources. See, e.g., Paul Caron, Fellowships for Aspiring Law Professors (2012-13 Edition), TAXPROF BLOG (Sept. 17, 2012), http://taxprof.typepad.com/taxprof-blog/2012/09/ fellowships-for-aspiring.html;
313. Index of Legal Academic Fellowships, HARV. LEGAL THEORY F. (Nov. 25, 2009), http://blogs.law.harvard.edu/hltfjobs/.
314. For example, Yale Law School, the clear market leader in the academic job market, offers a number of fellowship programs, some of which are available only to Yale Law School graduates. E.g., 2013-2014 Yale Law School Fellowship at the Permanent Court of Arbitration (The Hague), YALE L. SCH. (Dec. 10, 2012), http://www.law.yale.edu/documents/pdf/CDO-Public/PCAfellowship.pdf;
315. Heyman Federal Public Service Fellowship Program for 2014-2015, YALE L. SCH., http://www.law.yale.edu/documents/pdCCDO-Public/Heyman-Fellowship- Application.pdf;
316. International Court of Justice Trainee Position 2013-14, YALE L. SCH. (Dec. 12, 2012), http://ww.law.yde.edu/documents/pdCCDO-Public/International- Court-of-Justice-Trainee-Position-13-14.pdf
317. Lectures & Fellowships, YALE L. SCH., http://www.law.yale.edu/ givetoyls/lectures&fellowsriips.htm;
318. Robert L. Bernstein International Human Rights Fellowships, YALE L. SCH., http://www.law.yale.edu/intellectuallife/bernsteinfellowships.htm;
319. The Arthur Liman Public Interest Fellowship & Fund, YALE L. SCH., http://www.law.yde.edu/mtellectuallife/limanfellowships.htm;
320. The Howard M. Holtzmann Fellowships in International Arbitration and Dispute Resolution, YALE L. SCH., (Mar. 11, 2001), http://www.law.yale.edu/ documents/pdf/Alumni-Affairs/holtzmann-fellowship.pdf;
321. The Mary A. McCarthy Memorial Fund for Public Interest Law, YALE L. SCH., http://www.law.yale.edu/documents/pdCCDO-Public/2013-Mary-McCarthy-Fellowship- Announcement.pdf;
322. Yale ISP Accepting Fellowship Applications for 2012-2013, YALE INFO. SOC'Y PROJECT BLOG (Sept. 15, 2011), http://yaleisp.org/2011/09/fellowships-2/.
323. Robert Anderson, A Last Word on the Seto Rankings, WITNESSETH BLOG (Dec. 23, 2012, 5:26 AM), http://witnesseth.typepad.com/blog/2012/12/a-last-word-on- the-seto-rankings.html ("The failure to control for class size provided a rankings boost for larger schools simply for being larger, distorting the results from the top school to the bottom school.").
324. History of the Order of the Coif, ORDER OF THE COIF, http://www. orderofthecoif.org/COIF-history.htm.
325. Criteria and Procedures for Establishing a Chapter of the Order of the Coif, ORDER OF THE COIF, http://www.orderofthecoif.org/COIF-membership-app.htm.
326. Although NYU lagged cross-town rival Columbia in the early decades of the twentieth century in key areas such as maintenance of a part-time program, we opted for the higher category given NYU's strong performance by virtually all measures of elite status in recent decades. See REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 308-09.
327. The University of California-Hastings College of the Law had a troubled early relationship with the university system-Reed notes that Judge S. C. Hastings "lived to regret" the "carelessly drawn act" he persuaded the California legislature to pass and which established Hastings with an independent board of directors and prevented the university from exerting control over the school. Id. at 86; REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 186 (noting "embarrassment to the university authorities" caused by Hastings "in recent years"). Overcoming this took time and is one reason Hastings's early reputation was not equal to its more recent reputation.
328. In many respects, Harvard was in a category of its own in the early twentieth century. See, e.g., Stevens, supra note 3, at 41 ("In the fifty years from 1870 to 1920, one school [Harvard] was intellectually, structurally, professionally, financially, socially, and numerically to overwhelm the others."). Schlegel dates even Yale's status as an "elite" institution to only 1927. See JOHN HENRY SCHLEGEL, AMERICAN LEGAL REALISM AND EMPIRICAL SOCIAL SCIENCE 16-17 (1995). Stevens says Yale (and Johns Hopkins Institute for the Study of Law) became "the frontiers of legal education" by 1930. Stevens, supra note 3, at 139.
329. REED, TRAINING FOR THE PUBLIC PROFESSION, supra note 47, at 411. Redlich made a somewhat different point in 1914, arguing that the case method was transformed over time from merely a method of teaching and became "a far-reaching change in the general conception of the nature and purpose of legal education. " REDLICH, supra note 55, at 25.
330. GOURMAN, AMERICAN COLLEGES, supra note 169; Kelso, supra note 169. The remaining schools are included in the "Rising Elite" or "Regional Elite" categories.
331. ESTHER LUCILE BROWN, LAWYERS, LAW SCHOOLS AND THE PUBLIC SERVICE 9-10 (1948).
332. These criteria include: (1) Admissions Criteria Rating II in Reed's 1928 classification (reflecting schools that required one to two years of college as an entrance requirement); (2) "A" resource ranking in the Kelso 1963-64 or 1967-68 ranking; (3) Rated above 4.0 (of 5.0) in the 1977 Gounnan Report ranking; (4) Mentioned by Stevens as a school which "came into national prominence" during the 1960s; and (5) "Flagship" status within a state public university system. ("Flagship" status goes to the primary campus in the highest level state university system or the one or two most elite schools among all state universities within a state. For example, Berkeley is awarded "Flagship" status within the University of California system and Austin within the University of Texas system.) This category is disproportionately made up of public schools, partially an artifact of our design of the category but also a reflection of the role public schools have played in states with smaller private educational sectors. (The public/private divide had a regional component, with public schools much less important in the eastern states.). REED, PRESENT-DAY LAW SCHOOLS, supra note 35, at 560 tbl.18; Stevens, supra note 3, at 213, 198.
333. Paul Caron, Publication Study of Faculty at Non-Top 50 Law Schools, TAXPROF BLOG (Feb. 15, 2011), http://taxprof.typepad.com/taxprof-blog/2011/02/ publication-study.html. The two schools that did not benefit from their inclusion on the Roger Williams list were Chapman and Florida International.
334. William D. Henderson, Why the Job Market is Changing, NAT'L JURIST, NOV. 2010, at 20, available at http://www.nxtbook.com/nxtbooks/cypress/ nationaljuristl 110/#/20;
335. James G. Leipold, The Changing Legal Employment Market for Recent Law School Graduates, B. EXAMINER, NOV. 2010, at 6, available at http://www.ncbex.org/assets/media-rlles/Bar-Examiner/articles/2013/ 820213Leipold.pdf.
336. Paul Campos, Served, NEW REPUBLIC (Apr. 25, 2011), http://www.tnr.com/ article/87251/law-school-employment-harvard-yale-georgetown;
337. Debra Cassens Weiss, ABA Weighs Required Disclosure of Law School Job
338. LAW SCH. TRANSPARENCY, http://www.lawschooltransparency.com/.
339. Martha Neil, ABA Raps Villanova re Inaccurate Admission Data, Says Law School Must Post Censure Online, A. B. A. J. (Aug. 15, 2011, 2:23 PM), http://www.abajoumal.com/news/article/abas-legal-ed-section-sanctions-villanova;
340. Letter from Hulett H. Askew, Consultant on Legal Educ, Am. Bar Ass'n, to Peter M. Donohue, President, Villanova Univ. & John Y. Gotanda, Dean, Villanova Univ. Sch. of Law (Aug. 12, 2011)
341. [hereinafter ABA Letter of Censure], available at http://westlawinsider. com/wp-content/uploads/2011/08/1313428527askewletter-villanova-081211.pdf;
342. Press Release, Univ. of Ill., Coll. of Law Profile Data Inquiry Identifies Discrepancies in Three Additional Years (Sept. 28, 2011), available at http://www.uillinois.edu/cms/one.aspx?portalId=ll 17531&pageId=1155919 (reporting results of investigation of median Law School Admissions Test and grade point average data reported by the University of Illinois College of Law and finding discrepancies between actual and reported data in four of the last ten years that "improved the Law School Admissions Test (LSAT) and GPA information describing the enrolled classes of 2011 through 2014").
343. See, e.g., WILLIAM M. SULLIVAN, ANNE COLBY, JUDITH WELCH WEGNER, LLOYD BOND & LEE S. SHULMAN, EDUCATING LAWYERS: PREPARATION FOR THE PROFESSION OF LAW (2007).
344. Ashby Jones, Are Law Professors Just Plain Lazy?, WALL ST. J. L. BLOG (Feb. 3, 2010), http://blogs.wsj.com/law/2010/02/03/are-law-professors-just- plain-lazy/;
345. Ursula Furi-Perry, When Law Profs Slack, the Students Suffer, NAT'L JURIST (Feb. 3 2010), http://www.nationaljurist.com/content/when-law-profs- slack-students-suffer;
346. Nicole Black, Law Schools Failing Their Clientele, DAILY REC. (Oct. 19, 2009), http://nylawblog.typepad.com/files/dr-10.19.09.pdf.
347. Nathan Koppel, Recession Batters Law Firms, Triggering Layoffs, Closings, WALL ST. J., Jan. 26, 2009, at A1.
348. Heller Ehrman, an international law firm, dissolved in 2008 after 118 years in operation, while Dewey & LeBoeuf, at one point one of the largest law firms in the world, collapsed in 2012. Other firm failures during this time period included Thelen LLP and Thacher Proffitt & Wood LLP. Tom Abate & Andrew S. Ross, Heller Ehrman to Close Its Doors, SAN FRANCISCO CHRON., Sept. 26, 2008, at C1;
349. James B. Stewart, Dewey's Collapse Underscores Law Firms' New Reality, N. Y. TIMES, May 5, 2012, at B1;
350. V. Dion Haynes, Another Victim of Credit Crunch: Thelen Law Firm Faces Closure, WASH. POST (Nov. 3, 2008), http://www.washmgtonpost.com/wp-dyn/content/ article/2008/l 1/02/AR2008110201894.html.
351. Koppel, supra note 368 ("Pay cuts and layoffs are becoming commonplace. This month, Clifford Chance laid off more than 70 lawyers in London; Cooley Godward Kronish LLP fired 50 lawyers and 60 other staffers; and Akin Gump Strauss Hauer & Feld LLP let go of 65 staff members across the U. S."); Jennifer Smith, Layoffs Threaten Law-Firm Partners, WALL ST. J., Jan. 7, 2013, at B1;
352. Staci Zaretsky, Nationwide Layoff Watch: California Dreamin' of Unemployment Benefits, ABOVE THE LAW (Sept. 26, 2013), http://abovemelaw.com/ 2013/09/nationwide-layoff-watch-califomia-dreamin-of-unemployment-benefits/.
353. Ben Wolfgang, Unemployed Lawyers Sue Schools over Promises of Jobs, WASH. TIMES, June 17, 2012, at A1;
354. Jennifer 8. Lee, Unemployed and Struggling Lawyers Seek Solace, N. Y. TIMES Blog (June 16, 2009), http://cityroom.blogs.nytimes.com/2009/06/16/ unemployed-and-struggling-lawyers-seek-solace/.
355. Lincoln Caplan, An Existential Crisis for Law Schools, N. Y. TIMES, July 15, 2012, at SR10
356. Steven M. Davidoff, The Economics of Law School, N. Y. TIMES, Sept. 25, 2012, at F8;
357. William D. Henderson & Rachel M. Zahorsky, The Law School Bubble: How Long Will It Last if Law Grads Can't Pay Bills, A. B. A. J. (Jan. 1, 2012, 5:20 AM), http://www.abajournal.com/magazine/article/thelaw-school-bubble-how-long- will-it-last-if-law-grads-cant-pay-bills/ ("In 2010, 85 percent of law graduates from ABA-accredited schools boasted an average debt load of $98, 500⋯. In contrast, only 68 percent of those grads reported employment in positions that require a JD nine months after commencement. Less than 51 percent found employment in private law firms.").
358. See, e.g., Tamanaha, supra note 76; INSIDE THE L. SCH. SCAM, http://insidethelawschoolscam.blogspot.com (blog of law Professor Paul Campos);
359. LAW SCH. TRANSPARENCY, http://www.lawschooltransparency.com (policy organization aiming to improve the law school model).
360. See Davidoff, supra note 373 (noting law schools are "regularly being called a scam or a bubble"); Michael Simkovic & Frank Mclntyre, The Economic Value of a Law Degree, (Harvard Law Sch. Program on the Legal Profession, Paper No. 2013-6, 2013), available at http://papers.ssrn. com/sol3/papers.cfrn?abstract-id=2250585 (calculating the economic value of a law degree and finding a positive net present value);
361. The Law School Bubble, BEST COLLEGES. ORG, http://www.thebestcolleges. org/law-school-bubble/.
362. See Joe Palazzolo & Jennifer Smith, Law School Wins in Graduate Suit, WALL ST. J., Mar. 22, 2012, at B2;
363. Karen Sloan, Plaintiffs Take Law School Fraud Cases to New York's Highest Court, NAT'L L. J. (Feb. 20, 2013), http://www.law.com/jsp/nlj/PubArticleNLJ. jsp?id=1202588733671&et=editorial&bu=National%20Law%20Joumal&cn= 20130220nlj&src=EMC-Email&pt=NU.com-%20Daily%20Headlines&kw= Plaintiffs%20take%201aw%20school%20fraud%20cases%20to%20New%20York%27s%20highes t%20court&slretum=20130121184633.
364. William D. Henderson & Andrew P. Morriss, How the Rankings Arms Race Has Undercut Morality, NAT'L JURIST, Mar. 2011, at 8, 9, http://www.napla.org/ conf2011/presentations/National%20Jurist%20RarJdngs%20Article, %20Mar%202011.pdf; see also Tamanaha, supra note 76, at 83-84 (giving structural explanation for schools' bad behavior).
365. See Joel F. Murray, Do U. S. Law Schools that Report False or Misleading Employment Statistics Violate Consumer Protection Laws?, 15 J. CONSUMER & COM. L. 97 (2012).
366. Two recent examples of bad behavior by the University of Illinois College of Law and Villanova University School of Law led to relatively minor penalties from the ABA. See, e.g., Neil, supra note 362 (reporting sanctioning of school for reporting inaccurate data); Jennifer Smith, ABA Fines University of Illinois Law School for Publishing False Data, WALL ST. J. (July 24, 2012), http://online.wsj.com/news/articles/SB10000872396390443295404577 547441632758090 (describing sanctions for multiple years of false reporting);
367. ABA Letter of Censure, supra note 362 (outlining ABA sanctions against Villanova); Public Censure, Council of the Section of Legal Educ. & Admissions to the Bar, Am. Bar Ass'n, University of Illinois College of Law Censure (June 2012), available at http://www.americanbar.org/content/dam/aba/ administranVe/legal-education-and-admissions-to-the-bar/council-reports-and- resolutions/2012-june-u-illinois-public-censure.authcheckdam.pdf.
368. See, e.g., Elie Mystal, Villanova Might Need a Kiss from Mommy Since the ABA Slapped Their Wrist Wreally Wreally Whard, ABOVE THE LAW (Aug. 15, 2011), http://abovethelaw.com/2011/08/villanova-might-need-a-kiss-from-mommy-since-the- aba-slapped-their-wrist-wreally-wreally-whard/ ("These are pretty serious findings against the school. You'd expect the punishment to be severe⋯ unless you've actually been paying attention to how the ABA operates. If you are an ABA watcher, you know that this is an organization that thinks wrists are for slaps, not for cuffs.");
369. RICHARD J. MONTAUK, HOW TO GET INTO TOP LAW SCHOOLS (5th ed. 2011) (noting that "the [same] deans [who criticize U. S. News rankings] themselves often play up these same rankings whenever they are not about to be quoted in the press");
370. Steven R. Smith, Deaning's Seven Deadly Sins and Seven Deanly Virtues, 36 U. TOL. L. REV. 173, 174 (2004) ("[Touting is] the practice of proclaiming that rankings are misleading, arbitrary and unreliable, and then trumpeting or calling attention to a good ranking. At best this is intellectually dishonest⋯. Touting is not rare. I have in my office the 'Pile of Shame' of law school publications and web sites that tout").
371. Best Law Schools, supra note 3.
372. See Espeland & Sauder, Rankings and Reactivity, supra note 11, at 20 ("Rankings are a powerful engine for producing and reproducing hierarchy since they encourage the meticulous tracking of small differences among schools, which can become larger differences over time.").
373. See, e.g., Henderson & Morriss, supra note 50, at 193-97; Morriss & Henderson, Measuring Outcomes, supra note 316, at 803-05.
374. See William D. Henderson, How to Increase Your Law School's Academic Reputation, LEGAL WHITEBOARD (Nov. 19, 2012), http://lawprofessors.typepad.com/ legalwhiteboard/2012/11/how-to-increase-your-law-schools-academic-reputation. html (discussing relative lack of movement in academic reputation scores over time).
375. Best Law Schools, supra note 3, at 70-74.
376. See Prospective Students, CLEVELAND-MARSHALL COLL. OF LAW, https://www.law.csuohio.edu/prospectivestudents (noting that 70% of judges in Ohio courts in Cuyahoga County are CM graduates).
377. Compare Ohio Law Schools, FINDTHEBEST. COM, http://law-school. findthebest.com/d/d/Ohio.
378. See Samuel Estreicher, The Roosevelt-Cardozo Way: The Case for Bar Eligibility After Two Years of Law School, 15 N. Y. U. J. LEGIS. & PUB. POL'Y 599 (2012);
379. Daniel B. Rodriguez & Samuel Estreicher, Make Law Schools Earn a Third Year, N. Y. TIMES, Jan. 18, 2013, at A27;
380. Peter Lattman, Obama Says Law School Should Be Two, Not Three, Years, N. Y. TIMES DEALBOOK BLOG (Aug. 23, 2013), http://dealbook.nytimes.com/2013/08/23/ obama-says-law-school-should-be-two-years-not-three/.
381. Richard E. Redding, "Where Did You Go to Law School? " Gatekeeping for the Professoriate and its Implications for Legal Education, 53 J. LEGAL EDUC. 594, 594 (2003) (finding in an empirical study that "where a faculty candidate went to law school may trump his or her subsequent scholarly, professional, and teaching accomplishments, and that most law teachers graduated from a handful of elite law schools"). This type of hiring pattern reinforces enduring hierarchies, which replicate themselves through networks of law professor hiring patterns.
382. Daniel Martin Katz, Joshua R. Gubler, Jon Zelner, Michael J. Bommarito II, Eric Provins & Eitan Ingall, Reproduction of Hierarchy? A Social Network Analysis of the American Law Professoriate, 61 J. LEGAL EDUC. 76, 83-84 (2011) (using network analysis to identify dominance of an isolated number of institutions in the broader network of the legal academy, noting "the aggregation of all individual-level decisions by law hiring committees converges not upon a cluster of institutions but rather upon two institutions-Harvard and Yale").
383. Edward Rubin, Should Law Schools Support Faculty Research?, 17 J. CONTEMP. LEGAL ISSUES 139, 149 (2008) ("[Rjesearch output is closely connected to the law school's prestige."); see also Korobkin, supra note 217, at 853 ("[RJankings can create incentives for journal editors to select certain types of manuscripts⋯. [T]he journal editors' desire to select certain types of manuscripts can create incentives for authors seeking publication in those journals to produce those types of manuscripts.").
384. Ronen Perry, The Relative Value of American Law Reviews: A Critical Appraisal of Ranking Methods, 11 VA. J. L. & TECH. 1, 4(2006), http://www.yjolt.net/vol11/issuel/v11il-al-Perry.pdf ("[S]cholars who wish to publish a paper in an American law review probably ask themselves what the best possible forum for their masterpiece will be. Sure enough, the choice is very frequently limited."). Reforming placement processes also attracts attention.
385. See, e.g., Stephen R. Heifetz, Efficient Matching: Reforming the Market for Law Review Articles, 5 GEO. MASON L. REV. 629 (1997) (proposing a fee-based matching system).
386. See Patrick J. Schiltz, Legal Ethics in Decline: The Elite Law Firm, the Elite Law School, and the Moral Formation of the Novice Attorney, 82 MINN. L. REV. 705 (1998);
387. David B. Wilkins, The Professional Responsibility of Professional Schools to Study and Teach About the Profession, 49 J. LEGAL EDUC. 76 (1999).
388. See Richard A. Matasar, The Rise and Fall of American Legal Education, 49 N. Y. L. SCH. L. REV. 465, 482-84 (2004).
389. Michelle Jamrisko & Ilan Kolet, Cost of College Degree in U. S. Soars 12 Fold: Chart of the Day, BLOOMBERG. COM (Aug. 15, 2012, 6:00 AM), http://www.bloomberg.com/news/2012-08-15/cost-of-college-degree-in-u-s-soars-12- fold-chart-of-the-day.html.
390. See Thomas A. Smith, The Web of Law (San Diego Legal Studies Research, Paper No. 06-11, 2005), available at http://papers.ssrn. com/sol3/papers.cfm? abstract-id=642863;
391. Tom Smith, A Voice, Crying in the Wilderness, and Then Just Crying, THE RIGHT COAST BLOG (July 13, 2005), http://therightcoast.blogspot.com/2005/07/ voice-crying-in-wilderness-and-then.html.
392. SEC. OF LEGAL EDUC. & ADMISSIONS TO THE BAR, AM. BAR. ASS'N, LEGAL EDUCATION AND PROFESSIONAL DEVELOPMENT-AN EDUCATIONAL CONTINUUM (1992) (commonly known as the "MacCrate Report" after Robert MacCrate, the former chairperson of the Task Force on Law Schools and the Profession).
393. Ross E. Davies, Law Review Circulation, GREEN BAG ALMANAC & READER 164 (2009);
394. Ross E. Davies, Law Review Circulation 2011: More Change, More Same, 1 J. LEGAL METRICS 179, 179 (2012) (noting that no major law review had more than 2000 paying subscribers, with the Harvard Law Review declining from more than 10, 000 in 1896).
395. Olufunmilayo B. Arewa, Open Access in a Closed Universe: Lexis, Westlaw, Law Schools, and the Legal Information Market, 10 LEWIS & CLARK L. REV. 797, 808-12 (2006) (discussing ways in which information dissemination has changed with the advent of electronic legal information services, including through new publication models such as SSRN and bepress);
396. Lawrence B. Solum, Download It While It's Hot: Open Access and Legal Scholarship, 10 LEWIS & CLARK L. REV. 841, 854-56 (2006) (analyzing the shift of legal scholarship from the old world of law reviews to open access legal blogs).
397. Morriss & Henderson, Measuring Outcomes, supra note 316, at 791.
398. Russell Korobkin, Harnessing the Positive Power of Rankings: A Response to Posner and Sunstein, 81 IND. L. J. 35, 42 (2006) (finding a degree from a highly ranked school signals employers that graduates are qualified);
399. Michael Sauder & Wendy Esplund, Fear of Falling: The Effects of U. S. News & World Report Rankings on U. S. Law Schools 20 (Law Sch. Admission Council Grants Report 07-02, 2007), http://www.lsac.org/docs/default-source/ research-(lsac-resources)/gr-07-02.pdf (noting deans believe employers rely on U. S. News rankings).
400. Deborah J. Merritt, OCI, INSIDE THE L. SCH. SCAM BLOG (July 30, 2012, 8:06 PM), http://insidethelawschoolscam.blogspot.com/2012/07/oci-30.html (analyzing 2011 NALP data and noting that "[s]tudents at the very top schools snap up more than their share of OCI jobs, leaving less for everyone else").
401. See id. at 479-90 (describing potential transformations of legal market by new firms); RICHARD SUSSKIND, THE END OF LAWYERS? 37-38 (2008) (same).
402. Ethan Bronner, Law Schools' Applications Fall as Costs Rise and Jobs Are Cut, N. Y. TIMES, Jan. 31, 2013, at A1;
403. Jonathan D. Qlater, In Lean Times for Law Schools, An Opportunity, N. Y. TIMES DEALBOOK. BLOG (Dec. 5, 2012), http://dealbook.nytimes.com/2012/12/05/in- lean-times-for-law-schools-an-opportunity/.
404. See, e.g., Andrew Martin, U. S. Colleges Hit by Drop in Fees and Enrollment, INT'L HERALD TRIB., Jan. 11, 2013, at 15;
405. David Segal, The Vet Debt Trap, N. Y. TIMES, Feb. 24, 2013, at BU1;
406. Ruth Simon, For Newly Minted M. B. A. S, a Smaller Paycheck Awaits, WALL ST. J. (Jan. 6, 2013, 10:32 PM), http://online.wsj.com/news/articles/ SB10001424127887324 296604578175764143141622.
407. The need for greater diversity in law school models has been suggested by a number of people, including Brian Tamanaha and Brian Leiter. See, e.g., Tamanaha, supra note 76; Brian Leiter, Four Changes to the Status Quo in Legal Education that Might Be Worth Something, LEITER L. SCH. BLOG (Mar. 15, 2012), http://leiterlawschool.typepad.com/leiter/2012/03/four-changes4o-me-status-quo- m-legal-education-mat-might-be-worth-something.html ("Higher education in America includes research universities and teaching colleges (the latter placing less emphasis on research); law schools need the same division of labor, so that we have some law schools that are Harvard and Chicago, and some law schools that are Oberlin and Reed. How to bring it about is the really hard part, but changes to ABA accreditation rules could surely help. ").
408. Letter from Barbara Boxer & Tom A. Coburn, U. S. Sens., to Kathleen Tighe, Inspector Gen., U. S. Dep't of Educ. (Oct. 14, 2011), available at http://www.coburn.senate.gov/public//index.cfm?a=Files.Serve&File-id= 2a4a251c-f0c2-4d98-bf63-b9c5a0862053.
409. See Susan M. Case, The Testing Column: Identifying and Helping At-Risk Students, B. EXAMINER, Dec. 2011, at 30 (finding a 57% correlation between MBE and LSAT scores).
410. Data from ASS'N OF AM. LAW SCHS., PRE-LAW HANDBOOK, supra note 183.
411. Data from ASS'N OF AM. LAW SCHS. & LAW SCH. ADMISSION TEST COUNCIL, 1971-72 PRELAW HANDBOOK: THE OFFICIAL GUIDE TO LAW SCHOOLS (1971). Schools that did not list a volume count were assumed to have collections under 60, 000.
412. ASS'N OF AM. LAW SCHS. & LAW SCH. ADMISSION TEST COUNCIL, 70|71 PRE-LAW HANDBOOK (1970) (reporting 1970-71 tuition). Where tuition was reported per unit, the numbers here were calculated based on one-third of required hours per year. Schools are counted as public only if they report a discount for residents.
413. The AALS included thirty-two charter members at its formation. Minutes of the First Annual Meeting, 1901 ASS'N AM. L. SCH. 1, 3-4. Two charter members, Baltimore Law School and Buffalo Law School, are not listed as charter members in current AALS member listings.
414. Member and Fee-Paid Schools, ASS'N AM. L. SCH., http://www.aals.org/ aboutjmemberschools.php;
415. see also Charles P. Norton, The Buffalo Law School, 1 GREEN BAG 421 (1889) (recounting the founding of Buffalo Law School).
416. We did not include Pennsylvania State and Catholic University of America School of Law in this list. Pennsylvania State joined the AALS from 1912-24, but later resigned and merged with the Dickinson School of Law in 1997. Jacques Steinberg, Penn State Merges with Dickinson Law, N. Y. TIMES (Jan. 22, 1997), http://www.nytimes.com/1997/01/22/us/penn-state-merges-with-dickinson-law.html. Catholic University of America School of Law merged with the Columbus School of Law in 1954.
417. Columbus School of Law-Since 1897, CATHOLIC UNIV. AM. (Dec. 20, 2011), http://www.cua.edu/125/schools/law.cfm.
418. This list includes law schools listed in the 1967 AALS Directory of Law Teachers that were ABA accredited but were not AALS member schools. List of ABA and AALS Approved Law Schools, 1967 ASS'N AM. L. SCH. DIRECTORY L. TCHRS. 21-29 (1967).
419. This list includes law schools listed in the 1980-1981 AALS Directory of Law Teachers that were ABA accredited but which were not AALS member schools. Law Schools in the United States and Canada, 1980 ASS'N AM. L. SCH. DIRECTORY L. TCHRS. 1137-39 (listing data as of October 1980).
420. This list includes law schools listed as non-member Fee-Paid Schools in the 2000-2001 AALS Directory of Law Teachers. Fee-Paid Schools, 2000 ASS'N AM. L. SCH. DIRECTORY L. TCHRS. 207-22.