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New Villain in Law School Debt Tragedy

Crushing Debt Obligations.jpgThe Government Accountability Office has released a new report on the rising cost of legal education. Who is to blame? Not the ABA. Not university presidents using their law schools as cash cows.

According to the GAO, the U.S. News law school rankings put law school deans in a “resource intensive” competition to rise up the U.S. News list. The two key slides from the 44-page GAO report (PDF) are below:

GAO Debt report slide 7.JPG

GAO Debt report slide 20.JPG

The GAO makes a provocative argument. Let’s discuss it after the jump.

Now, I love rankings as much as the next guy. But this seems like an appropriate time to point out that the U.S. News list is just, you know, a list. It is not the most important component of one’s legal education. It is not the final and all-encompassing measure of educational quality. It does not transubstantiate into the body of Christ. It is not a God.

Essentially, the GAO is arguing that the industry-wide obsession with law school rank makes the education itself more expensive. Law students are literally paying for prestige — as defined by a magazine — even if they don’t go to a particularly prestigious school. It’s kind of like the price of a Honda going up because Car and Driver tells people to buy a Mercedes.

And to take the discussion to a whole different level of absurdity, students at public law schools have been shouldering a disproportionate burden of the tuition hikes as state budgets dry up (click on the slide to enlarge):

GAO Debt report slide 13.JPG

There seem to be two options if one wants to reverse this trend: make prospective law students less obsessed with the U.S. News rankings, or change the U.S. News methodology for ranking law schools. The first option seems impossible absent some kind of state sponsored mind control program that forces prospective law students to rationally consider all options and exercise common sense. That’s probably unconstitutional.

But there is no objective reason why U.S. News couldn’t change its methodology. Check out the magazine’s methodology here. You’ll notice that there is no input for “excessive cost most of the school’s graduates will have to spend a lifetime paying off.” Oh, but they still consider the amount of books available in a law school’s library — maybe they’re still waiting to see if this whole Lexis / Westlaw fad takes hold.

I don’t know how you’d do it, but there has to be some way of comparing law schools that takes into account value or “bang for the buck.” For example, the rankings could include a ratio comparing salary five to ten years after graduation with tuition cost.

If law school deans really are slavishly following the U.S. News rankings, it would seem like the rankings themselves are the first, best way to get the deans concerned about the runaway cost of legal education.

Maybe the U.S. News list is a God after all.

GAO Puts Blame on US News Rankings for High Law School Tuition [ABA Journal]
GAO: U.S. News Rankings, Not Accreditation, Key Driver of Law School Tuition [Tax Prof Blog]

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