Balkinization

Usually when we talk about the crushing price of legal education, we focus on law school administrations who are raising tuition even as the legal economy continues to falter. Occasionally, we look at prospective law students themselves — a group of people who are evidently too addled to act with rational self-interest. Always, the American Bar Association’s utter failure to regulate law schools on behalf of aspiring lawyers looms as the 800-pound gorilla that keeps taking a dump in the middle of the room.

Rarely, if ever, does the media turn its gaze towards law professors and their culpability in the epic scam of taking money from kids who don’t know any better and will never be able to pay off their debts. Most law professors don’t set tuition rates. They don’t determine the scope of loan forgiveness programs. They don’t mislead the world via U.S. News in order to pad employment stats. Hell, most of them aren’t even directly engaged in recruiting the next class of minnows that will keep the scam alive. All they do is teach, research, and take as much money as the market will offer.

But Washington University law professor Brian Tamanaha thinks that his professorial colleagues need to step up to the plate and start taking some responsibility for what is happening to law students — especially law students at low-ranked law schools. He says that professors can no longer turn a blind eye to the sadness of their students….

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