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HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: LRW Professor’s Lawsuit Alleges Discrimination In Non-Renewal Of Contract After Teaching At Wake Forest Law School For 19 Years.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: California’s Disappearing ABA Law Schools.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Which law schools have the best and worst debt-to-income ratios among recent graduates?

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Today Is Tampon Tax Day At Two Dozen Law Schools.

HIGHER EDUCATION BUBBLE UPDATE: Pity the poor avocado-eating graduates: University-educated millennials have absorbed elite values but will never enjoy the lifestyle.

Countless articles have rehearsed the class insecurities of the “left behind” Brexiters. Generally these unfortunates are depicted fulminating over pasties and ale in shabby market towns and grim post-industrial cities outside the London area. The object of their antipathy is the shiny “elite”, plugged into a promise-filled, multicultural urban life and the knowledge economy, seemingly buoyant in the new, frictionless modern world.

Leaving aside its substantive, real-world pros and cons, Europhilia has become a mark of devotion to the culture and worldview associated with this “elite” and the modern world it navigates. It is a value set strongly correlated with tertiary education and that has come to be called “openness”. . . .

Meanwhile, the boom in openness-promoting tertiary education produced not so much a boom in graduate jobs as inflation in the qualification levels required to do the jobs we already had. This has left many young people struggling to service a mountain of debt on salaries that are never likely to show much of the “graduate premium” they were promised.

Today, thanks in part to the “open” economy whose values form the foundation of the “cultural Remain” identity, the cost of living — and especially home ownership — has rocketed. Simple aspirations that were within the reach of the working class in the 20th century are an unattainable dream today for millions of young people far higher up the sociocultural pile. And yet those young graduates have all, in the course of moving away to get their degree, absorbed the “open” value set now explicitly taught in tertiary education.

The result is an Everywhere precariat, that has absorbed the values of a world that has little to offer it in terms of concrete benefits, and resolves this conflict by renting the heavily-subsidised and internet-enabled perks of a smarter lifestyle than it can afford to buy. Where once rentals might have just been housing and cars, today that can even include clothing.

Related: Kenneth Anderson: The Fragmenting of the New Class Elites, or, Downward Mobility.

n social theory, OWS is best understood not as a populist movement against the bankers, but instead as the breakdown of the New Class into its two increasingly disconnected parts. The upper tier, the bankers-government bankers-super credentialed elites. But also the lower tier, those who saw themselves entitled to a white collar job in the Virtue Industries of government and non-profits – the helping professions, the culture industry, the virtueocracies, the industries of therapeutic social control, as Christopher Lasch pointed out in his final book, The Revolt of the Elites.

The two tiers of the New Class have always had different sources of rents, however. For the upper tier, since 1990, it has come through its ability to take the benefits of generations of US social investment in education and sell that expertise across global markets – leveraging expertise and access to capital and technological markets in the 1990s to places in Asia and the former communist world in desperate need of it. As Lasch said, the revolt and flight of the elites, to marketize themselves globally as free agents – to take the social capital derived over many generations by American society, and to go live in the jet stream and extract returns on a global scale for that expertise. But that expertise is now largely commodified – to paraphrase David Swenson on financial engineering, that kind of universal expertise is commodified, cheaply available, and no longer commands much premium. As those returns have come under pressure, the Global New Class has come home, looking to command premiums through privileged access to the public-private divide – access most visible at the moment as virtuous new technology projects that turn out to be mere crony capitalism.

The lower tier is in a different situation and always has been. It is characterized by status-income disequilibrium, to borrow from David Brooks; it cultivates the sensibilities of the upper tier New Class, but does not have the ability to globalize its rent extraction. The helping professions, the professions of therapeutic authoritarianism (the social workers as well as the public safety workers), the virtuecrats, the regulatory class, etc., have a problem – they mostly service and manage individuals, the client-consumers of the welfare state. Their rents are not leveraged very much, certainly not globally, and are limited to what amounts to an hourly wage. The method of ramping up wages, however, is through public employee unions and their own special ability to access the public-private divide. But, as everyone understands, that model no longer works, because it has overreached and overleveraged, to the point that even the system’s most sympathetic politicians understand that it cannot pay up.

The upper tier is still doing pretty well. But the lower tier of the New Class – the machine by which universities trained young people to become minor regulators and then delivered them into white collar positions on the basis of credentials in history, political science, literature, ethnic and women’s studies – with or without the benefit of law school – has broken down. The supply is uninterrupted, but the demand has dried up. The agony of the students getting dumped at the far end of the supply chain is in large part the OWS. As Above the Law points out, here is “John,” who got out of undergrad, spent a year unemployed and living at home, and is now apparently at University of Vermont law school, with its top ranked environmental law program – John wants to work at a “nonprofit.”

Read the whole thing(s).

HIGHER EDUCATION BUBBLE UPDATE, TITLE IX EDITION: ‘They treat my autistic son like a caged animal’: student takes university to court over Title IX ruling.

Marcus Knight—a student with autism and cerebral palsy—will face in court the Title IX officer who found him guilty of two Title IX sexual misconduct violations later this month.

Knight first came to my attention in 2018 after his attempts to make friends landed him in the school’s Title IX office, not just once but twice. According to the lawsuit, Marcus Knight asked one female student for a fist-bump, and another for a selfie.

While these may seem trivial, two female students at Saddleback College were so uncomfortable with Knight’s attempts to make friends that they reported him to the Title IX office, with one student claiming Knight made her “uncomfortable.”

But what’s caused two years of “absolute heartbreak,” according to Knight’s mother, is how the Title IX officer handled the accusations.

Considering Knight’s disability, both students decided not to follow-through with any charges. . . .

At the time, 2018, Juan Avalos was the school’s Title IX counsellor. Though Avalos does not seem to have formal as a Title IX law training, Avalos nonetheless investigated and adjudicated Knight’s case.

Despite that no students formally testified against Knight, he was still found guilty.

I like that names are being named.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: La Verne May Be Sixth Law School To Close Since 2017.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: UNH Law School Budget Deficit Exceeds 100% Of Revenues.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Anyone Want to Become a Law Professor? Anyone? “The largest annual entry-level law school hiring event kicks off Friday in Washington, but the scene at the host hotel will likely be more subdued than the frenzied atmosphere from a decade earlier. The number of candidates vying to become doctrinal legal academics is about half what it was 10 years ago.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: 46 Law Schools Accept The GRE For Admissions, And 5 Accept The GMAT.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: 44 Law Schools Now Accept The GRE For Admissions (The Latest Are Cal-Western, Penn State, And SMU).

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: In Wake Of 67% Decline In Enrollment, Western Michigan-Cooley Law School Cuts Tuition 21%, Closes Auburn Hills Campus.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: 3 Law Schools Now Charge Cost Over $100,000 Per Year.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Law School Applicants Increase 3%; Applicants Refusing To Reveal Their Race/Ethnicity Increase 112%.

HIGHER EDUCATION BUBBLE UPDATE: University questions former student’s sexuality after he accuses gay professor of sexual assault. “Sexual history is supposed to be off-limits when interviewing parties in a sexual-assault legal proceeding, unless the questions are relevant to the accusations. The University of Michigan, however, is making sexual history front and center in its fight against a lawsuit by a former student that accused the school of turning a blind eye to sexual misconduct by a gay professor. The Detroit Free Press reports that the taxpayer-funded institution asked Andrew Lipian a series of questions in his deposition intended to ferret out whether he’s a closeted gay man.”

That’s different because shut up.

HIGHER EDUCATION BUBBLE UPDATE, KAMPUS KANGAROO KOURT EDITION: College hid evidence that accuser invented rape to get out of punishment for drinking: lawsuit.

A Minnesota liberal arts school hid exculpatory evidence from a student it found responsible for sexual assault, even though it knew his accuser had ulterior motives, according to a federal lawsuit filed earlier this month.

Carleton College withheld evidence that “Jane Doe asked campus security if she could face discipline for underage drinking before filing her complaint” against “John Doe,” he alleges in the suit.

John was also left in the dark about the fact that a Title IX coordinator told Jane she wouldn’t be punished if her underage drinking was disclosed “as part of a sexual assault claim,” the suit claims.

He and his attorney only learned about the existence of exculpatory evidence after Carleton had expelled him, while he was under criminal investigation for sexual assault. (The Pioneer Press named him based on this criminal proceeding.)

Cost of attending Carleton College: $71,300 per year. That’s a lot to pay to a bigoted college that’s willing to hang you out to dry — and lie to do it — just because you’re a male.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: 41 Law Schools Now Accept The GRE For Admissions (The Latest Are Seattle And Yale).

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: As Whittier Law School Prepares To Close, Dean Tries To Soften Blow For Students.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Report Recommends Sweeping Changes At Maine Law School In Face Of $2.67 Million Budget Deficit Despite 38% Reduction In Faculty.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Over Past Three Years, Seven Law Schools Have Tried To Be Acquired By Universities.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Reimagining Legal Education: Why Shouldn’t Law Schools Be Run As Trade Schools?

Well, mostly because that would hurt the self-esteem of law professors.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: South Carolina Law School Reduces Tuition By 17%, To $25,000.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: AAUP Adds Vermont To List Of Schools Sanctioned For ‘Serious Departure’ From Shared Governance In Detenuring 14 Of 19 Law Profs To Close $2 Million Budget Gap.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: ABA legal ed section’s council adopts tighter bar pass standard; clock for compliance starts now.

Following multiple years of discussion, and two rejections from the American Bar Association’s House of Delegates, the council of the ABA’s Section of Legal Education and Admissions to the Bar adopted a proposed revision to tighten an accreditation standard regarding bar passage Friday.

To be in compliance with the revised version of Standard 316, at least 75% of a law school’s graduates who sat for a bar exam must pass within two years of graduation. Under the previous rule, there were various ways to meet the standard, and no law school had been found to be out of compliance with it.

Those ways include:

• Having a 75% pass rate for all graduates over the five most recent calendar years;

• Having a 75% pass rate for at least three of those five years;

• And having at least 70% of its graduates pass the bar at a rate within 15 percentage points of the average first-time bar pass rate for ABA-approved law school graduates in the same jurisdiction for three out of the five most recently completed calendar years.

Under ABA rules, the House of Delegates can send a proposed revision back to the section’s council twice, but the council has the final decision on matters related to law school education. The House of Delegates voted against the proposed revision in February 2017 and this past January.

This is going to hurt some places.

HIGHER EDUCATION BUBBLE UPDATE: SAT to Give Students ‘Adversity Score’ to Capture Social and Economic Background.

The College Board plans to assign an adversity score to every student who takes the SAT to try to capture their social and economic background, jumping into the debate raging over race and class in college admissions.

This new number, called an adversity score by college admissions officers, is calculated using 15 factors including the crime rate and poverty levels from the student’s high school and neighborhood. Students won’t be told the scores, but colleges will see the numbers when reviewing their applications.

Fifty colleges used the score last year as part of a beta test. The College Board plans to expand it to 150 institutions this fall, and then use it broadly the following year.

How colleges consider a student’s race and class in making admissions decisions is hotly contested. Many colleges, including Harvard University, say a diverse student body is part of the educational mission of a school. A lawsuit accusing Harvard of discriminating against Asian-American applicants by holding them to a higher standard is awaiting a judge’s ruling. Lawsuits charging unfair admission practices have also been filed against the University of North Carolina at Chapel Hill and the University of California system.

So basically this is a dodge to allow them to continue unlawful race discrimination. And as I recall, the lefty regime in Kurt Schlichter’s People’s Republic used something like that, which is unpromising.

HIGHER EDUCATION BUBBLE UPDATE: In College Admissions Scandal, Families From China Paid the Most: Families that allegedly paid $1.2 million and $6.5 million show the reach of the cheating ring.

Families from China were among those who allegedly paid the most in the college admissions scandal, a new sign of the reach of the cheating ring.

One Chinese family allegedly paid $6.5 million to William “Rick” Singer, the California-based college counselor who has admitted to masterminding the scheme, according to a person familiar with the matter.

Another was the family of a student—referred to in court filings as “Yale Applicant 1”—who paid $1.2 million to secure her admission to Yale University. The student is 21-year-old Sherry Guo, who moved to Southern California from China to attend high school, her lawyer confirmed.

The families have been of particular interest in the case because they allegedly paid far more than nearly all of the 33 parents currently facing criminal charges in the scheme. Many parents paid $250,000 to $400,000 for the illegal admissions services, including securing fraudulent test scores and bribing coaches to have their children designated as recruited athletes, prosecutors say.

Ms. Guo had her eye on Columbia University or Oxford University, said her lawyer, James Spertus of Spertus, Landes & Umhofer LLP in Los Angeles.

But Mr. Singer told her she would go to Yale University. It was a sure thing, he said, according to Mr. Spertus. An attorney for Mr. Singer, who has pleaded guilty to four felony charges, including racketeering conspiracy, declined to comment.

Related: During all the Russia hacking hype, China is rising in influence: While Russia’s role in the 2016 election dominates the news, China’s spying and alarming influence within our borders is too little noticed.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Law Schools Clamber To Raise Bar Pass Rates. “Law.com analyzed the bar pass rates reported by schools to the American Bar Association between 2013 and 2017—the 2018 results aren’t yet available—and found that 35 of the 203 ABA-accredited law schools had pass rates decreases of more than 20 percent in those four years. Further, 42 of the ABA-accredited law schools saw their pass rate fall anywhere from 10 to 20 percent. There is plenty of debate about why pass rates have fallen, but most experts agree that the 36-percent decline in law school applicants between 2010 and 2016 played a major role. Many schools dipped deeper into their applicant pool and enrolled students with lower LSAT scores and undergraduate grades. Other elements such changing law school pedagogy and the rise of online bar exam preparation are also at play, they say.”

HIGHER EDUCATION BUBBLE UPDATE: Berkeley teacher/Antifa leader ordered to pay $20,000 for withholding public records of her activism.

Last year Yvette Felarca was ordered to pay $11,000 to the former president of the University of California-Berkeley College Republicans for filing a bad-faith restraining order against him.

She’s best known for her documented assault of a man at a white nationalist rally in 2016, for which she’s facing a felony charge in Sacramento.

This year, the Berkeley public school teacher and Antifa leader has been ordered to pay even more to a conservative legal organization for withholding public records it sought under state law. . . .

Chhabria, an Obama administration appointee, was just getting started.

He said Felarca and her colleagues Lori Nixon and Larry Stefl made claims “premised on the obviously baseless assumption that the First Amendment condemns the ‘alt-right’ while condoning the ideological missions of their own organizations.” They are active in the radical group By Any Means Necessary.

Congrats to Judicial Watch for making her pay.

HIGHER EDUCATION BUBBLE UPDATE: Lehigh University is getting sued by a professor who claims the school ignored years of another professor’s sexual harassment in an effort not to appear racist.

The lawsuit claims that the university did not take immediate action when it was made privy to Peterson’s alleged harassment due to Peterson’s race. It says that Lehigh was “highly sensitive” to the appearance of racial bias because of its “racially biased history,” including an investigation of potential racial bias at the school by the Office of Civil Rights.

Due to this sensitivity, the university “deliberately delayed” in taking action against Peterson following its awareness of sexual harassment allegations because “Peterson had every incentive to smear the inquiry as racially motivated” and the university wished to avoid being “accused of racial bias.”

Sad.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: University Of Akron Excludes Law School (‘Strategic Investment Area’) From Buy-Outs Offered To 47% Of Faculty.

HIGHER EDUCATION BUBBLE UPDATE, BS CULTURAL APPROPRIATION EDITION: ‘Hawaiian Day’ party flooded by cultural controversy wave.

According to the Argus Leader, a student submitted an essay to the USD law school administration, who then advised the Student Bar Association to change the name of the event. “It was determined that these are culturally insensitive by the administration after doing research based off of the essay written by the initial complainant”

The SBA changed the name of the event to “Beach Day” and then sent a message to their members stating that the dress code would still be the same, which was floral shirts and leis, according to the report. A second message followed, however, stating that the leis would no longer be part of the event due to complaints by the law school administration surrounding the inclusiveness of the leis.

USD’s Director of Marketing Communications and University Relations Michelle Cwach said to the newspaper that the interim law school administration advised the SBA not to hand out leis because it could be seen as inappropriate, given it is an item of cultural significance.

Sad and silly.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Moody’s Continues New York Law School’s Negative Financial Outlook, Citing Its 26% Operating Deficit.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Valparaiso Law School To Close In May 2020.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Eighteen Law Schools Would Fail ABA’s Proposed 75% Bar Passage Within 2 Years Accreditation Standard.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: 26% Of Law Students Pay Full Tuition, Down From 53% In 2011.

Me, in The New School, five years ago: “For a time, many schools will try to maintain their enrollments by discounting tuition — disguised, usually, as increased financial aid.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Law Schools, Standards, And The Bar Passage Rate.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: John O. McGinnis: Liberal Bias Makes Law Schools Bad For Democracy.

The assumption that law schools should have a left-wing orientation is deeply problematic. Universities should have as their objective the production of knowledge, not activism. … [D]emocratic stability is bolstered from having an engine that tries to discover truths even amidst its divisions of interest. And activism interferes with the university’s production of knowledge, because it leads directly to ideological discrimination and the erection of roadblocks of orthodoxy that impede truth seeking. To be sure, the law has a normative dimension, but norms also are a form of knowledge to which people can add and which they can refine. Thorstein Veblen thought that law schools had no more business in the university than schools of fencing, in part because they did not aim at producing knowledge. Moyn is proving him right.

The idea that law schools should steer students away from legal practice is an equally bad idea, particularly because it is bound up with another strand in Moyn’s essay—that law schools should imbue their students with a skepticism about the rule of law. This trope—drearily familiar from the critical legal studies movement—is obviously an ideological one as well. And in my view an indefensible one. To be sure, good societies have an imperfect commitment to the rule of law. But societies that lack that regulative ideal are truly dreadful ones.

And yet they’re what all the best people seem to want to create.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: ‘Trump bump’ offering little help to law schools.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: ABA Places John Marshall Law School On Probation.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Beset by Problems, Thomas Jefferson Law School Tries To Avoid A Death Blow.

HIGHER EDUCATION BUBBLE UPDATE: AAUP Investigates Vermont Law School’s Tenure Revocation From 14 Of 19 Faculty.

HIGHER EDUCATION BUBBLE UPDATE: Chicago Expelled a Male Student 4 Days Before Graduation Because His Ex Made a Dubious Sexual Violence Claim. He’s suing the school, and the accuser, and good.

A former student who was expelled for sexual misconduct just four days before graduating is suing the University of Chicago for allegedly violating his due process rights.

He has also sued his accuser—his ex-girlfriend—which is a rare step for those seeking justice in such cases. Most lawsuits born of shoddy campus sexual misconduct adjudication solely target the institution.

That the accused student, “John Doe,” has chosen to sue his accuser, “Jane Roe,” is indicative of the serious, malicious actions he ascribes to her. According to Doe’s lawsuit, their relationship was entirely consensual, and Roe did not dispute that. After they broke up, they continued to have sex, and those encounters were all consensual as well. Roe did not allege wrongdoing until her friends—to whom she had trash-talked Doe, and promised to stop seeing her ex—discovered she was still sleeping with him. She then claimed Doe had engaged in nonconsensual sex with her after she had passed out.

“UC expelled [John Doe] despite overwhelming evidence that Jane Roe fabricated her story because she was too embarrassed to admit to her friends at UC that she was engaged in a secret sexual relationship with her ex-boyfriend,” wrote Doe’s lawyers in his lawsuit.

Cost of attending the University of Chicago: $75,735 per year. A lot to spend only to be kicked out just before graduation based on unfounded charges.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Non-Elite Universities Launch Medical, Not Law, Schools In Search Of Future Financial Stability.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Northwestern Law Dean Cites School’s ‘Difficult Time’ As Reason For Faculty Cuts.

HIGHER EDUCATION BUBBLE UPDATE, LAW-SCHOOL SHUTDOWN EDITION: Valpo law school closing; teach-out plan in the works.

HIGHER EDUCATION BUBBLE UPDATE, INSTITUTIONALLY-PERPETRATED RACISM EDITION: Harvard’s Student Body: Hitting the Targets, Spinning the Story. “High schoolers who try to get into Harvard are unique individuals; the applicant pool they make up is unique each year as well. Truly considering applicants on an individual basis ought therefore to produce variability in the racial percentages across the years. Because there isn’t much variability, these numbers prove by themselves that Harvard has a policy of predetermined percentages, regardless of the number or quality of applicants. Such a statistical uniformity is so unlikely that it cannot be explained in any other way. As the Asian American plaintiffs have enunciated in their complaint, Harvard ‘racially balances its entering freshman class to ensure proportional representation of the various racial and ethnic groups in Harvard’s student body.'”

HIGHER EDUCATION BUBBLE UPDATE: Moritz Family Fights Ohio State Over Undisclosed 1% Annual Development Fee Charged Against Naming Gift To Law School, As Endowment Has Shrunk From $30m To $22m In 17 Years. Money drained to pay for administrators and their travel/dining? Go figure.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: ABA: Florida Coastal Remains Out of Compliance With Law School Accreditation Standards.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Vermont Law School Is the Tip Of The Spear. “The legal Academy must “do more with less.” Vermont Law School—and others—must face the reality that their model of ever-escalating tuition, fancy new buildings, arcane new courses that fascinate their instructors but don’t add much value to students, and a faculty wholly unfamiliar with the marketplace are over. The sad story of Vermont Law School is not new and no doubt will be reprised by others. It’s time to face the numbers and take some painful steps to reduce the cost of tuition and to provide students with the tools required to succeed in today’s marketplace. That’s the lens that matters.”

HIGHER EDUCATION BUBBLE UPDATE: Tenured Faculty Purge Is A Good Move By Vermont Law School.

SARAH JEONG: IT WASN’T JUST A FEW HATEFUL TWEETS:

In the uproar over Sarah Jeong’s hiring by the New York Times, the focus on her history of hateful rhetoric against white people overlooked her many other expressions of hatred — toward males, Christians and police officers, among others. While her new employers have apparently accepted Ms. Jeong’s disingenuous excuse that she was “engaged in what I thought of at the time as counter-trolling… intended as satire,” this cannot explain away her demonstrable habit of deliberately insulting entire groups of people. It is not true, as she claimed, that she merely “mimicked the language of my harassers.”

Consider, for example, Ms. Jeong’s oft-expressed contempt for Christians, including her own parents. She “grew up in a conservative evangelical Christian bubble,” but “became an annoying atheist” as a teenager, when she was “trapped in a fundamentalist Christian school.” After attending the University of California-Berkeley and graduating from Harvard Law, Ms. Jeong pronounced herself a member of the “educated left wing elite.” She says she has now “mostly cut myself off from the conservative evangelical community,” and condemns Christians who “indoctrinate children” with “reality-denying belief systems.” Ms. Jeong’s spiteful denunciation of her parents’ faith was not “counter-trolling,” nor was it “intended as satire.” These anti-Christian remarks appear to express her sincere beliefs, no different from her many similar expressions of contempt for other groups.

Police? “Cops f—king suck” and “they’re f—king horrible,” according to this Harvard Law alumna, who hates the men and women whose job is to enforce the law. She responded to the 2014 race riot in Ferguson, Missouri, by aiming obscenities at the police and declaring “America is f—king racist.” This rhetoric was not a response to harassment, nor was Ms. Jeong “mimicking” anyone as “satire.” Her anti-police sentiments, like her anti-Christian sentiments, are evidently sincere. These opinions are endorsed by her new employers, who share the same “educated left wing elite” worldview. It’s doubtful the New York Times would hire anyone who wasn’t a cop-hating atheist.

Ms. Jeong has routinely expressed her total contempt for males. In August 2014, she tweeted, “Men are too f–king emotional to be let out in public. Jesus Christ,” and followed that with, “Yo. Men. Just get off Twitter. Every man. All of you. You can’t handle this sh—.” She has repeatedly said “all men are garbage.”

By keeping her on and defending her, the New York Times — and the blue-check tribe on Twitter that’s been taking her side — is playing into Trump’s hands. See, Trump can say, this is what they really think of you. Because, you know, it is.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Vermont Law School’s Tenured Faculty Purge And What It Portends For Legal Education.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Thoughts on Mass Tenure Revocation at Vermont Law School in the Shadow of the Market and Beyond Shared Governance. Though legal education is a “market” that is supervised by a cartel.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: LSAT Adopts 12 Different Gender Identity Options; GRE Only Has Two. So does that mean that law schools that have started accepting the GRE in lieu of the LSAT are bigoted?

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Vermont, Minnesota show that law schools are still grappling with budget challenges.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Vermont Law School Cuts More Than A Dozen Tenured Faculty.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Federal Judge Denies Florida Coastal Law School’s TRO Bid Against The ABA. “A federal judge has declined to issue a temporary restraining order—at least for now—that would have stopped the American Bar Association from requiring Florida Coastal School of Law to make several public disclosures about its accreditation status and bar pass rates.”

HIGHER EDUCATION BUBBLE UPDATE: Georgetown called out for urging donations to left-wing groups. “Georgetown University’s Law School Library appears to have taken down a web page encouraging students to donate ‘time and money’ to a list of left-wing activist groups after more than 13,000 people signed a petition against it.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Vermont Law School Plans Faculty Cuts. “McHenry said that, in a process that began last October, all faculty positions are being reviewed for efficiency gains to help the law school recover from the effects of a national downturn in enrollment that hit its nadir a few years ago. McHenry declined to discuss details of the restructuring process, which is expected to be completed in late June, but gave examples of expected outcomes that include shifting some professors to professor emeritus status, reducing the teaching and programmatic load for others, and asking others to take on more responsibilities. Several members of the faculty, including some senior professors with tenure, declined comment.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: NC Central Law School Replaces Dean, Shrinks 1L Class (By 33%), And Imposes Minimum LSAT (142) And UGPA (2.96) Admissions Requirements To Address ABA’s Accreditation Concerns. (Broken link fixed, and bumped.)

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: 2018 Grad Decries Political Correctness At Stanford Law School.

At Stanford Law School, no more than three of approximately 110 full-time faculty publicly identify as conservative or libertarian. (By way of contrast, Stanford Law School touts on its webpage 23 full-time faculty under the inartful rubric of “minority.”) As a consequence, many of my classmates will graduate having never engaged with a law professor whose worldview and convictions track those of nearly half the voting public.

It would require nothing less than willful blindness to presume this state of play does not affect the education that students receive. Probably for obvious reasons, my classmates demonstrate little willingness to identify publicly with anything associated with conservatism or, God forbid, President Trump, no matter how trivial. By way of extraordinary example, the Law School Republicans will soon cease to exist as a student organization because — after a campaign of intimidation and opprobrium — not one underclassman would volunteer to serve on its board next academic year.

An almost unspoken agreement seems to exist among many students that all of us will soon be fabulously successful, so long as everyone remains a “team player” and nobody rocks the boat too earnestly. Political, moral, and religious convictions are, for the most part, accessories best deployed for instrumental purposes, rather than values to be espoused or explored for their own sake. In much the same manner that all respectable people may speak or dress or eat a certain way, students at Stanford Law School have come to believe — and not entirely without reason, given their surroundings — that all respectable people should think the same way. …

For the past two years, I have repeatedly beseeched the dean of Stanford Law School to follow the example set by the leaders of my undergraduate alma mater — the University of Chicago — and publicly affirm the centrality of viewpoint diversity to the aims of education. Each time, she has refused, citing squeamishness at the prospect of overstepping her portfolio. Yet during that same period, she has nonetheless offered schoolwide commentary on public topics as diverse as the violence in Charlottesville, the rescission of DACA, and the Trump administration’s efforts to ban transgender individuals from military service.

Beyond the Office of the Dean, Stanford Law School has staged programs aimed at helping students to #resist more effectively, celebrating International Workers’ Day and offering advice on “progressive lawyering” in the Trump era. Professors have sent schoolwide emails condemning anyone who supported President Trump as either an outright racist or an enabler who is #complicit. One professor even saw fit to join a student/alumni Facebook group for the purposes of criticizing the Law School Republicans.

When the taxpayers get tired of supporting this narrowmindedness, they’ll be accused of “anti-intellectualism.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Brooklyn Law School Parts Ways With Dean.

Allard’s abrupt departure is unusual in legal education, where law deans typically announce their intention to step down months or even a year in advance. Even when law school leaders clash with university officials or faculty, they are typically allowed to plan graceful exits out of the dean’s office. …

Allard’s deanship coincided with the national downturn in law school applications, and the school struggled with financial issues during that time. It has sold a number of its residential properties in the highly sought-after Brooklyn Heights neighborhood, and in 2016 sold off an office building across the street from its downtown Brooklyn campus for $76.5 million.

But those sales don’t appear to have been enough to keep the school in a strong financial position.

Last month, Moody’s Investors Service lowered the law school’s outlook from stable to negative, citing, “ongoing tuition pricing challenges and operating deficits that are deeper than previously projected and will continue for a period longer than anticipated, leading to a likely deterioration of spendable cash and investments.” But Moody’s also noted that the school’s unrestricted reserves give it time to “move to operating equilibrium.” Moody’s reported that the school generates $43 million annually.

More at the link.

HIGHER EDUCATION BUBBLE UPDATE: Colleges Bend the Rules for More Students, Give Them Extra Help: With an influx of students classified as disabled, schools move to accommodate their needs.

As many as one in four students at some elite U.S. colleges are now classified as disabled, largely because of mental-health issues such as depression or anxiety, entitling them to a widening array of special accommodations like longer time to take exams.

Under federal law, students can be considered disabled if they have a note from a doctor. That label requires schools to offer accommodations depending on the student’s needs. A blind student, for example, would have access to specialized software or a reader for an exam.

The rise in disability notes for mental-health issues has led to a surge in the number of students who take their exams in low-distraction testing centers, are allowed to get up and walk around during class or bring a comfort animal to school, among other measures. . . .

At Pomona, 22% of students were considered disabled this year, up from 5% in 2014. Other elite schools have also seen a startling jump in disabilities, according to data from the federal government and from the schools. At Hampshire, Amherst and Smith colleges in Massachusetts and Yeshiva University in New York, one in five students are classified as disabled. At Oberlin College in Ohio, it is one in four. At Marlboro College in Vermont, it is one in three.

Small, private schools have the greatest concentration of students with disabilities. Among the 100 four-year, not-for-profit colleges with the highest percentage of disabled students, 93 are private, according to a WSJ analysis of federal data.

Public schools have also seen a significant uptick in test accommodations. From 2011 to 2016, the number of students with special accommodations increased by an average of 71% among 22 flagship state schools, according to data obtained by The Wall Street Journal.

The most common accommodations come during testing. Students who receive extended time may get twice as long as their classmates to take an exam.

Some professors question how this affects the fairness of exams.

With reason.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Applicants To Law School vs. Applicants To Med School.

HIGHER EDUCATION BUBBLE UPDATE: Students blast ‘intimidating’ endorsement of Nobel for Trump.

When a committee chair issued an unauthorized statement on behalf of the Student Bar Association at Rutgers Law School and refused to rescind it, SBA President John DeLuca decided to give him a taste of his own medicine.

DeLuca issued a statement endorsing President Trump’s nomination for a Nobel Peace Prize, which was quickly denounced as “harmful,” “dangerous,” and “intimidating.”

As always, it’s different when we do it.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Law School Applicants Are Up 8.8%. People are saying this is because of Trump, so I guess lawprof jobs are just another domestic industry he’s saved!

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Proposed Student Loan Cap Could Cause 20-30 Law Schools To Close Within Five Years.

HIGHER EDUCATION BUBBLE UPDATE: Justice Department Probes Colleges’ Early-Decision Admission Practices: Multiple schools received letters inquiring about possible antitrust violations. “The U.S. Department of Justice is looking into whether colleges’ early-decision admission programs violate antitrust laws, the latest in a series of investigations the federal government has launched into higher education practices in recent months. The Justice Department sent letters to a number of colleges and universities this week asking that they preserve emails and other messages detailing agreements with other schools regarding their early-decision policies, and how they communicate with one another about admitted students.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: 25% Of Harvard Law Students Suffer From Depression, 20% Are At Heightened Risk Of Suicide.

Cost of attending Harvard Law School: $95,800 per year.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Law School Applicants From Top Colleges Decreased 7% In 2017, Down 45% Since 2008.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION: Savannah Law School Sells Building, To Close After Spring 2018 Semester. This is a good place, with good faculty, in a good location, and if it can’t make it it bodes poorly for some other schools.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: McGeorge Law School To Reduce Faculty By 25% Through Voluntary Buyouts. “According to Law School Transparency, McGeorge’s 1L enrollment has fallen 56% from 2010 (from 346 to 152), and its LSAT median has fallen from 158 to 151.”

HIGHER EDUCATION BUBBLE UPDATE: College dropout refuses to leave her dorm room. “She loves the college life — just not the classes. Hunter College is waging a court battle to evict a stubborn student who refuses to leave her dorm room some two years after dropping out. Delaware native Lisa S. Palmer — who has not paid rent since 2016 — refuses to leave Room E579 at the school’s 425 E. 25th St. co-ed dormitory, according to an eviction lawsuit filed in Manhattan Supreme Court. The 32-year-old ‘racked up a staggering $94,000 in unpaid residence hall charges on account of her continued occupancy, all the while ignoring Hunter College’s service of additional vacate notices,’ said the suit.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Should Law Schools Shift Scholarship Money From Merit (LSAT & UGPA Medians) To Need?

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Gallup: Only 23% Of Law School Grads Say Their Education Was Worth the Cost. But none of the degrees measured, which include PhDs, MDs, MBAs, etc., do very well.

HIGHER EDUCATION BUBBLE UPDATE: Universities Are Using Disguised Hecklers To Shut Down Free Speech.

Just as those opposed to a speech cannot lawfully stop it by engaging in illegal conduct – everything from shouting it down to engaging in rioting – schools may not use the threat of wrongful conduct by one group as an excuse to prevent speech by a group with opposing views.

But the First Amendment does generally permit colleges to impose reasonable and limited restrictions on speech provided that they are not based on the content. Such limits – often called time, place, and manner restrictions – can be used to prevent too much noise, overcrowding of facilities, etc. – but they must be neutral and not impose more burdens on those voicing views which are controversial. Otherwise, they would unconstitutionally chill unpopular views.

Knowing that they could not ban controversial Joey Gibson from speaking just because many are likely to object, Washington tried to do an end run around the First Amendment, says Banzhaf.

Instead of banning the speaker, they simply required the student group sponsoring him to pay a huge “security fee” based upon so-called objective criteria: e.g. an analysis of violence and threats to public safety by the invited speaker, attendees at previous events or the sponsoring group, etc. Thus, the university claimed, the restriction was not based directly on a speaker’s or group’s ideology or political positions.

So the students acted in accordance with a motto Banzhaf made famous – “Sue The Bastards” – and took their university to court with the aid of the Freedom X group. A federal judge agreed that this disguised heckler’s veto was an illegal violation of the First Amendment since it would have a chilling effect on controversial groups and viewpoints, while having no such effect on completely inoffensive speech.

But, notes Banzhaf, it is speech which is unpopular, and therefore likely to offend some campus groups and/or the college administration, which needs protection from the university, whereas bland unobjectionable speech usually needs none. Speakers in favor of apple pie and motherhood have little to fear from the administration or unlawful agitators, whereas those who advocate that American women should stay home to bake apple pies for their husbands obviously need such protection, says Banzhaf.

Professor Banzhaf urges more student groups to stand up for their First Amendment rights by suing their university.

I agree.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Would A Federal Student Loan Overhaul Bring Down Law School Tuition?

HIGHER EDUCATION BUBBLE UPDATE: VIDEO: Law prof: says Department of Justice a ‘sh*thole.’

More than a dozen of students and professors blasted the Illinois College of Law last week, labeling it a “sh*thole” for hosting an event that featured a Department of Justice official.

According to the school’s calendar, the college of law sponsored last week’s lecture by Deputy Solicitor General Malcolm Stewart, who was invited by the university to discuss various topics relating to the justice system.

Students for Economic Empowerment UIUC organized the protest, using it as a platform to speak out against president Trump, despite the fact that Stewart has held his role since 2008.

The video footage obtained by Campus Reform depicts a visibly frustrated law professor, Francis Boyle, berating the Department of Justice and leading the protesters in an anti-Trump chant outside of the law building, with The Daily Illini confirming that it in fact Boyle who is featured in the video.

“And I say, it is the College of Law here, the ‘Trump College of Law,’ that brought out this high-level Trump henchman,” the professor said into the megaphone. “They are the s—-holes too. And I want everyone in there to hear exactly what we think about them.”

We keep hearing about how Trump has lowered the tone of public debate in America. I guess this is what people are talking about.

HIGHER EDUCATION BUBBLE UPDATE: UConn offers counseling, restricts access to Shapiro event. If you treat conservatives as an invasive species, you’re not really promoting the “diversity and inclusion” you’re always yammering about:

YAF Spokesperson Spencer Brown asserted that the review process was adopted by the public university after a controversial scuffle between Gateway Pundit journalist Lucian Wintrich and a protester at his on-campus lecture in November.

“This level of review was imposed upon the conservative students at UConn who are hosting Shapiro due to the school’s inability to maintain the rule of law at a previous lecture hosted by the campus conservative club,” Brown remarked.

“Student safety may seem a noble cause for UConn to cherish, but why isn’t the same level of restraint imposed on speaking events by prominent leftists?” he asked, noting that “just last week, Anita Hill spoke on campus at UConn in an event advertised as ‘free and open to the public,’ with ‘no tickets required for entry.’”

Think of universities as politicized leftist redoubts and you won’t go far wrong.

HIGHER EDUCATION BUBBLE UPDATE: Court denies college’s request to dismiss free speech case.

On Wednesday, California District Court rejected a motion to dismiss a lawsuit against Los Angeles Pierce College and the Los Angeles Community College District on the grounds of First Amendment violations.

Pierce College is a part of the largest community college district in the United States, the Los Angeles Community College District, yet it provides only .003 percent of its 426-acre campus to exercise free expression. In November 2016, Pierce College student and Young Americans for Liberty member Kevin Shaw was handing out copies of the U.S. Constitution when he was approached by a campus administrator and told he could not distribute literature outside of the free speech zone, a space of approximately 616 square feet. Shaw filed a lawsuit against Los Angeles Community College District with the help of the Foundation for Individual Rights in Education and co-counsel Arthur Willner, a partner at Leader & Berkon LLP, on March 28, 2017.

LA Pierce asked the court to dismiss the case on the grounds of their campus policy, but the court ruled that open spaces on LA Pierce’s campus are public forums, “regardless of Pierce’s regulations.” Thus, the policy regarding the free speech zone is moot.

The purpose of a university is to encourage free and open discourse and a healthy exchange of ideas. In a press release, FIRE Director of Litigation Marieke Tuthill Beck-Coon said, “The campus is a college student’s public square. It’s their space to be engaged citizens. The public recognizes this. So do courts across the country. Now it’s time for LACCD to follow suit.”

Since the motion to dismiss was pre-discovery and was rejected, now the case will move into discovery and proceed forward.

Schools keep losing these cases. I think it’s clear enough now that officials shouldn’t enjoy qualified immunity.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Law Schools Under A Microscope.

After enjoying an enrollment surge in the first decade of the new century, many law schools have more recently struggled mightily amid a dearth of jobs for young lawyers, dwindling student interest, worries schools were encouraging students to take on high debts they would struggle to repay, and intense criticism that many schools had been admitting students who never had the academic chops necessary to become practicing lawyers. At the same time, the accreditation world has been grinding toward greater transparency, placing some institutions under an unwelcome harsh light.

Resulting developments epitomize the fallout from an admissions bubble. Some schools have resisted changes in the legal education market and regulatory world. Others have moved to shrink in size or exit the market entirely. Observers worry that the most vulnerable students and minority students, who have been taken advantage of in the past, are now being shut out of law schools as the market contracts.

It all comes together in a pressure cooker, because success in legal education and the legal field is so closely tied to students passing the bar examination.

If only someone had seen this coming.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Faculty Salaries And The Extraordinary Cost Of Research At A Top 25 Law School. “Second, these gaps reveal that tenure-track law faculty are comfortable with high levels of income inequality. We may criticize income inequality in other contexts, but we are comfortable with that inequality in our own workplaces. We work daily with colleagues who share our academic and professional backgrounds, as well as our institutional aspirations and much of our workload, but who earn substantially less than we earn. It surely bothers them, but it doesn’t trouble us much.”

POPPING THE HIGHER EDUCATION BUBBLE:

In the private sector, bubbles, like those in the housing or stock markets, usually lead to “crashes” and sharp falls in prices along with diminished volumes of activity. In higher education, massive government subsidies mute the decline in volume (enrollment) and prevent big price (tuition fee) crashes, but some sort of correction is nonetheless observable.

Lots of signs show the bursting of the bubble is underway. Enrollments are down, lower today than six years ago –a first decline of that duration in modern peacetime American history (including the Great Depression). Tuition increases are moderating and a few colleges are even starting to cut published tuition fees (sticker prices). Even some prestigious schools such as Oberlin College are having financial problems because their freshman class is smaller than anticipated. Student loan delinquency is high and rising, remarkable since the economy has been having the best performance in years, with real output growing at over a three percent annual rate and the unemployment rate at a very low 4.1 percent. . . .

Even more ominous is a clear decline in public support for colleges. This is critical because higher education depends on governments, directly through grants or indirectly through the student financial assistance programs, for a large portion of their financial support. If higher education loses political appeal, declining public financial subsidies will quickly follow. Three surveys in 2017 show many are skeptical of higher education’s contribution. For example, a Pew Research Center survey showed 36 percent of Americans believed higher education had a “negative effect on the way things are going in this country.” A strong majority (58 percent) of Republicans had that opinion, which is no doubt one reason why a number of provisions in the recent Republican-led tax reform bill adversely impact on universities.

There are even potentially some legal clouds on the horizon. Universities are populated by lots of attractive young persons, so the possibility of sexual harassment lawsuits is certainly high. To cite an example, at my own school, Ohio University, an English professor recently lost his job (after a good deal of legal maneuvering), and the university faces potential meaningful damages in civil proceedings brought by female graduate students who allege they were sexually harassed and that university officials did nothing to stop it. Prominent faculty at other schools (for example, Columbia) are facing accusations of misconduct. Also, as evidence mounts that football head injuries have significant long-run adverse effects on human cognitive function, the potential of expensive lawsuits against universities rises dramatically.

Enrollment demand is not likely to surge soon, in large part because of a demographic reality: a stagnant population in the 18 to 24 age group, along with a longer-term problem of general declining population growth.

Nope.

HIGHER EDUCATION BUBBLE UPDATE, LAWS-ARE-FOR-THE-LITTLE-PEOPLE EDITION: College ignores judge’s rejection of its Title IX procedures, re-tries student with same approach.

California’s Pomona College got slapped down in court in October for denying a “fair hearing” to a student accused of sexual misconduct.

Its response? Replace the Title IX investigator, but use the same “evidence” and procedures faulted by Los Angeles Superior Court Judge Mary Strobel to re-try “John Doe.”

The member institution of the private Claremont Consortium is pursuing the same strategy as Pennsylvania State University and the University of Texas when courts found serious problems with their Title IX adjudications, according to Brooklyn College Prof. KC Johnson, co-author of The Campus Rape Frenzy. . . .

Pomona ignored repeated credibility problems with Doe’s accuser, its hired investigator relied heavily on school-requested Title IX investigations for business (suggesting conflict of interest), and it let the accuser skip the campus hearing – meaning she was never asked any questions by anyone in cross-examination.

Despite Judge Strobel telling the school that this failure to even indirectly cross-examine the accuser was unlawful, and that it violated its own rules by inventing an unwritten procedure to accommodate the accuser, Pomona is going forward with a new hearing against Doe.

Title IX Coordinator Sue McCarthy told Doe last month that the “same Investigation Report, Investigation Notes, and Statement of Alleged Policy Violation” issued before the May 2016 hearing would be used in the rehearing.

If I were Judge Strobel, I would not be amused.

Cost of sending your son to Pomona College to be abused: $69,725.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Fall 2018 Law School Admissions Season Opens With A Bang: Applicants Are Up 14.2%.

HIGHER EDUCATION BUBBLE UPDATE: Jack Goldsmith & Adrian Vermeule: Elite colleges are making it easy for conservatives to dislike them.

First is the obvious progressive tilt in universities, especially elite universities. At Harvard, for example, undergraduate students overwhelmingly identify as progressive or liberal and the faculty overwhelmingly gives to the Democratic Party. Even Harvard Law School, which has a handful of conservative scholars and a new conservative dean, is on the left end of law school faculties, which are themselves more progressive than the legal profession.

Second, the distinctive progressive ideology of elite universities is relentlessly critical of, to the point of being intolerant of, traditions and moral values widely seen as legitimate in the outside world. As a result, elite universities have narrowed the range of acceptable views within their walls.

Third is the rise of anti-conservative “mobs,” “shout-downs” and “illiberal behavior” on campus, as New York University social psychologist Jonathan Haidt describes it. Conservative speakers of various stripes are being harassed and excluded with increasing frequency. “Today, on many college campuses, it is liberals trying to repress conservative ideas,” noted former New York mayor Michael Bloomberg at a Harvard address a few years ago. Harvard is actually somewhat better on these issues than many universities — it hasn’t had anti-conservative mobs, and it has been relatively respectful of conservative speakers. But even at Harvard, the pervasive progressive orthodoxy chills conservatives’ speech in the classroom and hallways.

Fourth is the public contempt of so many university academics for those who fund their subsidies. Paul Krugman, an emeritus professor at Princeton University now at the Graduate Center of the City University of New York, as well as a New York Times op-ed columnist, offered a self-described “deep thought” in reaction to a Washington Post article about rising conservative anger at American universities: “Maybe conservatives are turning against learning because learning is incompatible with modern conservative ideology.” Krugman’s statement was a mere tweet. But in our experience it reflects an attitude that is widespread at elite universities.

Yep. Plus: “Conservative politicians and their constituents hear, on the one hand, that government owes universities a continuance of largesse and, on the other, that conservatives are ignorant, unworthy or corrupt. This sounds suspiciously like special pleading by an intellectual elite that wants to indulge in social criticism at the expense of the criticized, in both figurative and literal senses.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: House GOP To Cap Amount Of Student Loans For Law School, Eliminate Public Service Loan Forgiveness.

HIGHER EDUCATION BUBBLE UPDATE: U. Texas president caves rather than tell judge why he personally overturned student’s exoneration. “Did University of Texas President Greg Fenves unilaterally overturn a finding in favor of a student accused of rape because the accuser’s father gave the university a hefty donation? We’ll never know, because the public university settled with ‘John Doe’ rather than risk Fenves having to testify earlier today in the accused student’s lawsuit against him and the school.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: UC-Hastings Law Dean Calls Bar Exam Failure For Top Schools ‘Unconscionable.’

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: After 86% Enrollment Decline, Valparaiso Law School Stops Admitting Students And Will Likely Close. “When it hit us, it came fast.” That’s how it works.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Western Michigan-Cooley Law School Seeks TRO To Prevent ABA From Releasing A Letter About Its Accreditation Status.

HIGHER EDUCATION BUBBLE UPDATE, CENSORSHIP EDITION: University Of Arkansas Profs Bash Proposal That Could Fire Profs For Not Being ‘Cooperative.’

University of Arkansas is receiving heated criticism for a policy proposal that professors claim could make it possible to fire professors for not being “cooperative” or simply being conservative.

Professors allege that the university is using non-academic attorneys to draft the changes and that there is evidence suggesting that the school is trying to move swiftly to implement the changes before university faculty can sufficiently challenge them, according to correspondence obtained by The Daily Caller News Foundation.

“The policy actually goes much further than using collegiality as a standalone factor in annual reviews: it uses collegiality as a standalone basis for termination (writer’s emphasis),” said Joshua Silverstein, a law professor at the University of Arkansas at Little Rock, in an email to UA faculty. “Here again is the language from the proposal: ‘A faculty member may be…dismissed…for cause on grounds including…unwillingness to work productively with colleagues.’ That smuggles in collegiality and a whole lot more. And thus collegiality is a basis for dismissal independent of the annual review process.”

Key signs of non-collegiality: A Trump bumper sticker, NRA membership, possible pro-life sympathies.

HIGHER EDUCATION BUBBLE UPDATE: College expelled male student after coordinated sexual assault claims fell apart, suit says.

A jealous boyfriend convinced four female students to falsely accuse a graduating male of sexual misconduct years after the alleged behavior, according to the former student’s lawsuit against a small New York liberal arts school.

“John Doe” accuses Hamilton College of changing its sexual-misconduct investigative procedures so drastically in response to Obama administration Title IX “guidance” – since rescinded by the Trump administration – that it effectively denied him due process and discriminated against him based on his gender.

As with other lawsuits alleging procedural and gender-related violations by colleges in response to Title IX investigations prompted by accusers, Doe’s complaint alleges Hamilton ignored his text-message evidence that the accusations were a setup.

“Hamilton was under enormous pressure to show it was willing to take a hard line against male students accused of sexual assault in order to dispel the notion that its campus was an unfriendly and unsafe environment for women,” the suit reads.

Cost of attending Hamilton College: $66,250 per year. That’s a lot of money to pay to be presumed a rapist if you possess a penis.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: ABA Notices To Law Schools About Potential Non-Compliance With Accreditation Standards.

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Private Law School Tuition Discount Rate Rose To 39% In 2016.

HIGHER EDUCATION BUBBLE UPDATE: Law School Responses To Speech Protests, From Best (Georgetown), To Worst (Seattle, Thurgood Marshall).