The followup to Lawrence Mitchell’s specious law school editorial

A friend observed that more than a few people savaged the editorial I discussed in “The specious reasoning in Lawrence M. Mitchell’s ‘Law School Is Worth the Money.'” The savaging doesn’t surprise me. Sometimes there are two sides to a story, but sometimes the evidence in favor of one side or interpretation is so strong that only a fool would disbelieve it.

If you know anything at all about law schools and the structure of law schools, it’s impossible not to see Mitchell’s piece as self-serving and disingenuous at best, and cruelly mendacious at worst. The kindest thing to be said is that Mitchell might simply be experiencing the intellectual blindness all of us suffer from occasionally. Chuck Klosterman, however, is the subject of this piece and defends law school out of ignorance. I don’t mean that as a synonym for stupid, as so many people do: I mean it in the dictionary sense, “lack of knowledge or information.” That shows in his response. Sometimes outsiders can make valuable observations that insiders miss. Sometimes they’re merely ignorant about an issue or field. He’s the latter.

The Mystal piece gets this right:

Heck, when I decided to go to law school, I kind of thought that I was signing up to go to “College II: This Time It Counts.” But that kind of casual connection misses a great big point: law school is a professional school. People go there to become professionals.

This attitude is really common among the 22 – 24-year-old set. It describes a part of my attitude at that age. Unfortunately, it’s also a tremendous mistake because of the money involved. Law schools have clearly evolved into institutions that work to extract as much money as possible from their nominal students. And the feds are enabling them to do so. There are differences between the federal student loan guarantees and what the big banks did in the leadup to the housing crisis, but the similarities are profound. I think the reckoning will play out differently, but it will play out.

I should clarify that I’m not arguing law school is bad for everyone, all the time. It isn’t. If you have the kind of personality that thrives in big-firm cultures, if you get into one of the top three law schools, if you have the self-certainty and tenacity necessary to be a top lawyer, fighting with other top lawyers: law school might be for you. But that’s maybe ten to twenty percent of the current law school population. The rest are being had, and are eventually going to tire of being had by law schools and their own bad judgment.

The specious reasoning in Lawrence M. Mitchell’s “Law School Is Worth the Money”

Lawrence M. Mitchell’s “Law School Is Worth the Money” is one of the best examples of specious writing I’ve seen outside of writing produced by the federal government. It seems appropriate for me to comment Mitchell’s ideas, given how I praised Paul Campos’s book Don’t Go To Law School (Unless): A Law Professor’s Inside Guide to Maximizing Opportunity and Minimizing Risk. I’m going to respond to Mitchell’s major points:

The starting point is the job market. It’s bad. It’s bad in many industries. “Bad,” in law, means that most students will have trouble finding a first job, especially at law firms. But a little historical perspective will reveal that the law job market has been bad — very bad — before. To take the most recent low before this era, in 1998, 55 percent of law graduates started in law firms. In 2011, that number was 50 percent. A 9 percent decline from a previous low during the worst economic conditions in decades hardly seems catastrophic. And this statistic ignores the other jobs lawyers do.

Most other jobs don’t require the assumption of tens or hundreds of thousands of dollars of debt to get a legally-mandated piece of paper that lets them perform those jobs. That’s the real catastrophe. Law school only has one purpose: to prepare people to be lawyers. If half aren’t able to become lawyers, that’s a catastrophe for those with the debt burdens that deans like Mitchell aren’t lining up to forgive.

Looking purely at the economics, in 2011, the median starting salary for practicing lawyers was $61,500; the mean salary for all practicing lawyers was $130,490, compared with $176,550 for corporate chief executives, $189,210 for internists and $79,300 for architects. This average includes many lawyers who graduated into really bad job markets.

Notice the weasel words: “the median starting salary for practicing lawyers.” What about the 50% of graduates who can’t find law work? The same is true in the second half of the sentence: “the mean salary for all practicing lawyers was $130,490.” People who get law degrees and then can’t practice are screwed. This is a classic example of How to Lie with Statistics. Mitchell is fishing for the credulous.

Thirty years ago, getting a law degree made a lot more economic sense: the tuition was much lower, and so low that people who got law degrees but didn’t practice weren’t effectively signing up for a decade if not decades of perpetual student loan payments.

The average student at a private law school graduates with $125,000 in debt. But the average lawyer’s annual salary exceeds that number. You’d consider a home mortgage at that ratio to be pretty sweet.

Again, notice the bit about “the average lawyer’s annual salary,” which ignores how many lawyers, and especially recently graduate lawyers, are unemployed. It also ignores the misery of being an associate at a big firm, and the fact that not all or even most big-firm associates are going to make partner. Some of those average lawyers aren’t going to be lawyers for their entire careers.

The graying of baby-boom lawyers creates opportunities. As more senior lawyers retire, jobs will open, even in the unlikely case that the law business doesn’t expand with an improving economy.

People have been saying this about professors since at least the early 90s, and it’s been untrue for professors for at least that long. As Paul Campos points out, there are about twice as many J.D.s being graduated as there are jobs. That means an excess of lawyers and potential lawyers that’s only growing with time.

In the meantime, the one-sided analysis is inflicting significant damage, not only on law schools but also on a society that may well soon find itself bereft of its best and brightest lawyers.

Mitchell’s analysis could only make sense to someone arguing a legal case; it makes no sense to someone trying to assess the truth. He says, “For at least two years, the popular press, bloggers and a few sensationalist law professors have turned American law schools into the new investment banks.” That’s apt, because his essay reads like an investment banker making an idealized case for investment banking, despite the evidence all around us.

The place of literary criticism

A second Zadie Smith quote, also from Changing My Mind: “Here’s the funny thing about literary criticism: it hates its own times, only realizing their worth twenty years later.” This is remarkably close to what I wrote to a friend not long ago, concerning why I like blogging despite the fact that I’m also enmeshed in an academic context that only values peer-reviewed articles and books: “English profs always show up to a fire long after the house has been burned down and the fire already long extinguished.”

Blogging, if the blogger is any good, offers the possibility of getting to the fire when it’s still going, or even building a fire of your own. Maybe in twenty years this will be more widely recognized.

On bad writing in philosophy: Derek Parfit on Kant

“It is Kant who made really bad writing philosophically acceptable. We can no longer point to some atrocious sentence by someone else, and say ‘How can it be worth reading anyone who writes like that?’ The answer could always be ‘What about Kant?'”

—Derek Parfit on Kant, in On What Matters

(Reading reviews of philosophy is often more interesting than the philosophy itself, since the reviews tend to be more comprehensible. That was certainly true for On What Matters. Despite, for example, Tyler Cowen’s review, I still wonder if a lot of philosophy, in its quest for rigor, paradoxically cannot find rigor in a confusing world limited by our language’s ability to describe it. Recursiveness in language is great right up to the point where you have to endlessly drill down to figure out what words mean. Cowen says, “In the subject areas of On What Matters the semantics are too slack, too open to multiple interpretation, and too many of the central concepts cry out for formalization. There are not compelling new metaphors and examples to pin down the discourse.” I wonder if the semantics of philosophy in general are simply “too slack” for them to do much. Note how I say “I wonder” at the start of the preceding sentence: this is not a rhetorical device. I also wonder if technology drives culture far more than vice-versa; when I read some philosophy, I think “yes.”

Two caveats: I haven’t read enough philosophy to grok it. In addition, what philosophy I do read I often view as material for fiction rather than in its own terms. One reason I may have liked Richard Rorty’s Contingency, Irony, and Solidarity is simply because he argues that fiction goes places philosophy can’t and thus might have the intellectual high ground. )

I’m not the only one to notice bad academic writing: B.R. Myers in The Atlantic

I’ve occasionally, and probably futilely, pointed out bad academic writing, but my audience is small and the war against cliche is a lonely one, fought mostly by guerrilla cranks, misfits, and writers, frequently all embodied in the same person, and often ten against the official and indifferent edifice of institutions that are nominally devoted to literary excellence. But I’m heartened that B.R. Myers has spotlighted the problem in his Atlantic review of Every Twelve Seconds: Industrialized Slaughter and the Politics of Sight:

The author also conforms to the current academic practice of laboriously redescribing the obvious. To say that people hide what they don’t want others or themselves to see is to make a commonsense point that a small child could grasp. It verges on tautology. Yet for all his access to a rarely described world, Pachirat keeps returning to this of all points, writing in revelatory tones of a “politics of sight,” of “distinctions between visible/invisible, plain/hidden, and open/confined that, in theory, keep repugnant activities hidden and therefore make them tolerable.” In a profession where success is judged by how often one gets quoted, the author has perhaps succeeded in creating a new catchphrase, something colleagues writing on other topics may feel compelled to invoke. As in, say: “The dictator’s effort to conceal the massacre was a prime example of what Timothy Pachirat calls ‘the politics of sight.’ ”

In academia, you don’t earn points for beauty or concision, but you might be docked for confusing a distracted or dense peer reviewer. So writers err on the side of the obvious, because that’s what their incentive structure rewards. The person who gives up reading because of bad writing isn’t considered.

The stupidity of what I’m doing and the meaning of real work: Reading for PhD comprehensive exams

Last weekend, I wrote a flurry of posts after months of relative silence because I needed to do real work.

This might sound strange: I am doing a lot of things, especially reading, but all of it is make-believe, pretend work. That’s because the primary thing I’m doing is studying for PhD comprehensive exams in English lit. The exam set is structured in four parts: three, four-hour written segments, and a single oral exam, on topics related to stuff that’s not very important to me and probably not very important to most people. The exams also aren’t very relevant to being an English professor, because the key skill that English professors possess and practice is writing long-form essays/articles that are published in peer-reviewed journals. The tests I’m taking don’t, as far as I can tell, map very effectively to that skill.

As a consequence, the tests, although very time consuming, aren’t very good proxies for what the job market actually wants me to do.*

Consequently, PhD exams—at least in English—aren’t real work. They’re pretend work—another hoop to be jumped through on the way to getting a union card. Paul Graham makes a useful distinction in “Good and Bad Procrastination,” when he says that “Good procrastination is avoiding errands to do real work.” That’s what I’ve done through most of grad school, and that’s part of the reason why I have a fairly large body of work on this blog, which you can obviously read, a fairly large body of fiction, which you can’t (at the moment, but that’s going to change in the coming months). To Graham, the kind of small stuff that represents bad procrastination is “Roughly, work that has zero chance of being mentioned in your obituary.” Passing exams has zero chance of being mentioned in my obituary. Writing books or articles does.** PhD exams feel like bad procrastination because they’re not really examining anything useful.

They’re also hard, but hard in the wrong way, like picking patterns out of noise. Being hard in the right way means the soreness you get after working out, or when a challenging math problem suddenly clicks. The quasi-work I’m doing is intellectually unsatisfying—the mental equivalent of eating ice cream and candy all day, every day. Sure, they’re technically food, but you’re going to develop some serious problems if you persist in the ice cream and candy diet. The same is true of grad school, which might be why so many people emerge from it with a lugubrious, unpalatable writing style. Grad school doesn’t select or train for style; it selects and trains for a kind of strange anti-style, in which the less you can say in more words is rewarded. It’s the kind of style I’m consciously trying to un-cultivate, however hard the process might be, and this blog is one outlet for keeping the real writer alive in the face of excessive doses from tedious but canonized work and literary theory. Exams, if anything, reinforce this bogus hardness. If I’m ever in a position of power in an English department with a grad program, I’m going to try and offer an alternative to conventional exams, and say that four to six publishable, high-quality papers can or should take their place. That, at least, mirrors the skills valued by the job market.

The bogosity of exams relates to a separate problem in English academia, which I started noticing when I was an undergrad and have really noticed lately: the English curriculum is focused on the wrong thing. The problem can be stated concisely: Should English department teach content (like, say, Medieval poetry, or Modernist writers), or skills (like writing coherently and close reading)? Louis Menand describes the issue in The Marketplace of Ideas:

[C]ompare the English departments at two otherwise quite similar schools, Amherst and Wellesley. English majors at Wellesley are required to take ten English department courses [. . .] All English majors must take a core course called ‘Critical Interpretations’; one course on Shakespeare; and at least two courses on literature written before 1900 [. . .] The course listing reflects attention to every traditional historical period in English and American literature. Down the turnpike at Amherst, on the other hand, majors have only to take ten courses ‘offered or approved by the department’—in other words, apparently, they may be course sin any department. Majors have no core requirement and no period requirements. (Menand 89-90)

Most departments right now appear to answer “content.” Mine does. But I increasingly think that’s the wrong answer. I’m not convinced that it’s insanely important for undergrads to know Chaucer, or to have read Sister Carrie and Maggie: Girl of the Streets, or to have read any particular body of work. I do think it’s insanely important for them to have very strong close reading skills and exceptional writing skills. Unfortunately, I appear to be in the minority of professional Englishers in this respect. And I’m in grad school, where the answer skill mostly appears to be “content,” and relatively few people appear to be focusing on skills; those are mostly left to individuals to develop on their own. I don’t think I’ve heard anyone discuss what makes good writing at conferences, in seminars, or in peer-reviewed papers (MFA programs appear to be very interested in this subject, however, which might explain some of their rise since 1945).

As Menand points out, no one is sure what an “‘English’ department or degree is supposed to be.” That’s part of the field’s problem. I think it’s also part of the reason many students are drawn to creative writing classes: in those, at least the better ones, writing gets taught; the reading is more contemporary; and I think many people are doing things that matter. When I read the Romantic Poets, I mostly want to do anything but read the Romantic Poets. Again, I have nothing against the Romantic Poets or against other people reading the Romantic Poets—I just don’t want to do it. Yet English undergrad and grad school forces the reading of them. Maybe it should. But if so, it should temper the reading of them with a stronger focus on writing, and what makes good writing.

Then again, if English departments really wanted to do more to reward the producing of real content, they’d probably structure the publishing of peer-reviewed articles better. Contrary to what some readers have said in e-mails to me, or inferred from what I’ve written, I’m actually not at all opposed to peer review or peer-reviewed publications. But the important thing these days isn’t a medium for publishing—pretty much anyone with an Internet connection can get that for free—but the imprimatur of peer-review, which says, “This guy [or gal] knows what he’s talking about.” A more intellectually honest way to go about peer-review would be to have every academic have a blog / website. When he or she has an article ready to go, he should post it, send a link to an editor, and ask the editor to kick it out to a peer-reviewer. Their comments, whether anonymous or not, should be appended to the article. If it’s accepted, it gets a link and perhaps the full-text copied and put in the “journal’s” main page. If it doesn’t, readers can judge its merits or lack thereof for themselves.

The sciences arguably already have this, because important papers appear on arXiv.org before they’re officially “published.” But papers in the sciences appear to be less status-based and more content-based than papers in the humanities.

I think this change will happen in the humanities, very slowly, over time; it won’t be fast because there’s no reason for it to be fast, and the profession’s gatekeepers are entrenched and have zero incentive to change. If anything, they have a strong incentive to maintain the system, because doing that raises their own status and increases their own power within the profession. So I don’t foresee this happening, even if it would be an important thing. But then again, academics are almost always behind the important thing: the important thing is happening in some marginal, liminal space, and academics inhabit a much more central area, where it’s easy to ignore stuff at the margins. I don’t see that changing either, especially in a world where many people compete for few academic slots. In that world, pointless hoop-jumping is going to remain.


* There’s a vast literature in industrial organization on the subject of hiring practices, and most of that literature finds that the most effective ways to hire workers is to give them an IQ test and a work-skills or work-practice test. The former is effectively illegal in the U.S., so the best bet is to give workers a test of the thing they’ll actually be called on to do.

** I also consciously ask myself this question set:

In his famous essay You and Your Research (which I recommend to anyone ambitious, no matter what they’re working on), Richard Hamming suggests that you ask yourself three questions:

1. What are the most important problems in your field?

2. Are you working on one of them?

3. Why not?

I have an answer to number three, but it doesn’t seem like a very good one.

Links: The dubious value of humanities graduate degrees, Hemlock Grove and vampires, Hunter Moore and isanyoneup.com, poetry’s playfulness, and more

* When to leave grad school off your resume. In my limited experience reading resumes, having a PhD is a minus; an M.A. is useless, and being in grad school makes me think less of its value, not more.

* “The Forgotten Student: Has Higher Education Stiffed Its Most Important Client?: How the prestige game costs students more money for a lower-quality education.” To me, this is utterly obvious.

* The novel Hemlock Grove sounds like fun: “‘Its howls all the while more plaintive and lupine as a snout emerged through its lips and worked open and shut, its old face bunched around it in an obsolete mask. It rolled onto all fours and rose shaking violently, spraying blood in a mist and divesting himself of the remnants of man coat in a hot mess.’ It takes a certain amount of chutzpah to write like this, to use an almost Faulknerian descriptive palette in service of a monster story.”

* Is the Future of English Bad Science?

* “Hunter Moore Makes a Living Screwing You;” I had never heard of isanyoneup.com before and won’t link directly, but as I read the story I kept thinking, “This is why it’s hard to write relevant contemporary fiction. . .” This, and Reddit’s user-submitted adult site, which you can find easily enough if you want to.

* A short, accurate description of the long-term problems in Europe. This is also, on some level, about how people form groups and act in those groups. (“Americans in Massachusetts and Americans in Mississippi do feel themselves part of the same country, sharing language and culture. Germans and Spaniards do not feel the same.”) See further Jonathan Haidt’s book The Righteous Mind.

* “Most men won’t be allowed to admit this, but the new HBO show [Girls] is a disastrous celebration of entitlement and helplessness.”

* Why poetry should be more playful, which seems completely obvious to me; Billy Collins is one of my favorite poets precisely because he’s so playful, so much the opposite of the poetry read in school. From the post itself: “The growing distance between serious verse and children’s verse has certainly been connected—as cause, effect, or more likely both—to the increasing irrelevance of serious poetry.”

* Why you should read Before the Lights Go Out.

Links: "Turn Me On, Dammit!", nude body scanners, MPAA problems, housing, copyright problems, academia, the war against youth and more

* Sounds like fun: “With its sex-obsessed young heroine, “Turn Me On, Dammit!” goes where few movies have gone,” and it sounds like the rare movie that actually goes where other movies haven’t. See also Slate’s coverage.

* Hot, crowded, and running out of fuel: Earth of 2050 a scary place. And we’re highly unlikely to do anything about that.

* I’ve long wondered about a book I remember reading around age 12 or 13, in which people above a certain age are capped by a mind-control device, but I’ve never been able to remember anything else about it until I read this, From The New Yorker: “John Christopher’s ‘The White Mountains,’ in which alien overlords install mind-control caps on the heads of all those over the age of thirteen, tore through my own sixth-grade classroom like a wicked strain of the flu.” That’s it.

* $1B of TSA Nude Body Scanners Made Worthless By Blog — How Anyone Can Get Anything Past The Scanners. Wow.

* Maybe we can get rid of the MPAA, which will, I suspect, be viewed one day with the same caustic eye as the Hays Code.

* “As Julie Berebitsky points out in Sex and the Office: A History of Gender, Power, and Desire, sexual relationships—consensual or not—have long been considered a threat to productivity and morale . . .” I sure hope so.

* Affordable housing and hilarious cognitive dissonance.

* The Missing 20th Century: How Copyright Protection Makes Books Vanish.

* Tyler Cowen: “I’m a blogger.”

* Roosh “can’t help but notice a lot of changes in how our beliefs are being perceived.”

* America’s schools are being crushed under decades of legislative and union mandates. They can never succeed until we cast off the bureaucracy and unleash individual inspiration and willpower.

* The War Against Youth:

Cynicism rises to fill the emptied space of exaggerated and failed hope. It’s all simple math. If you follow the money rather than the blather, it’s clear that the American system is a bipartisan fusion of economic models broken down along generational lines: unaffordable Greek-style socialism for the old, virulently purified capitalism for the young. Both political parties have agreed to this arrangement: The Boomers and older will be taken care of. Everybody younger will be on their own. The German philosopher Hermann Lotze wrote in the 1870s: “One of the most remarkable characteristics of human nature is, alongside so much selfishness in specific instances, the freedom from envy which the present displays toward the future.” It is exactly that envy toward the future that is new in our own time.

The major advantage that young people retain, however, is that they (we?) have more vibrant sex lives, which is still a pretty sweet deal.

One can also see this in academia: the gap between professors who got tenure before 1975 and people graduating in the last ten years is medieval.

* Tyler Cowen: “What Export-Oriented America Means.” See also “Tyler Cowen on America’s Export-Oriented Future.”

Links: “Turn Me On, Dammit!”, nude body scanners, MPAA problems, housing, copyright problems, academia, the war against youth and more

* Sounds like fun: “With its sex-obsessed young heroine, “Turn Me On, Dammit!” goes where few movies have gone,” and it sounds like the rare movie that actually goes where other movies haven’t. See also Slate’s coverage.

* Hot, crowded, and running out of fuel: Earth of 2050 a scary place. And we’re highly unlikely to do anything about that.

* I’ve long wondered about a book I remember reading around age 12 or 13, in which people above a certain age are capped by a mind-control device, but I’ve never been able to remember anything else about it until I read this, From The New Yorker: “John Christopher’s ‘The White Mountains,’ in which alien overlords install mind-control caps on the heads of all those over the age of thirteen, tore through my own sixth-grade classroom like a wicked strain of the flu.” That’s it.

* $1B of TSA Nude Body Scanners Made Worthless By Blog — How Anyone Can Get Anything Past The Scanners. Wow.

* Maybe we can get rid of the MPAA, which will, I suspect, be viewed one day with the same caustic eye as the Hays Code.

* “As Julie Berebitsky points out in Sex and the Office: A History of Gender, Power, and Desire, sexual relationships—consensual or not—have long been considered a threat to productivity and morale . . .” I sure hope so.

* Affordable housing and hilarious cognitive dissonance.

* The Missing 20th Century: How Copyright Protection Makes Books Vanish.

* Tyler Cowen: “I’m a blogger.”

* Roosh “can’t help but notice a lot of changes in how our beliefs are being perceived.”

* America’s schools are being crushed under decades of legislative and union mandates. They can never succeed until we cast off the bureaucracy and unleash individual inspiration and willpower.

* The War Against Youth:

Cynicism rises to fill the emptied space of exaggerated and failed hope. It’s all simple math. If you follow the money rather than the blather, it’s clear that the American system is a bipartisan fusion of economic models broken down along generational lines: unaffordable Greek-style socialism for the old, virulently purified capitalism for the young. Both political parties have agreed to this arrangement: The Boomers and older will be taken care of. Everybody younger will be on their own. The German philosopher Hermann Lotze wrote in the 1870s: “One of the most remarkable characteristics of human nature is, alongside so much selfishness in specific instances, the freedom from envy which the present displays toward the future.” It is exactly that envy toward the future that is new in our own time.

The major advantage that young people retain, however, is that they (we?) have more vibrant sex lives, which is still a pretty sweet deal.

One can also see this in academia: the gap between professors who got tenure before 1975 and people graduating in the last ten years is medieval.

* Tyler Cowen: “What Export-Oriented America Means.” See also “Tyler Cowen on America’s Export-Oriented Future.”