Now, the politicization and tribalism of campus life have crowded out old-fashioned expectations about justice and neutrality. The imperatives of race, gender and identity are more important to more and more law students than due process, the presumption of innocence, and all the norms and values at the foundation of what we think of as the rule of law.
Critics of those values are nothing new, of course, and certainly they are not new at elite law schools. Critical race theory, as it came to be called in the 1980s, began as a critique of neutral principles of justice. The argument went like this: Since the United States was systemically racist—since racism was baked into the country's political, legal, economic and cultural institutions—neutrality, the conviction that the system should not seek to benefit any one group, camouflaged and even compounded that racism. The only way to undo it was to abandon all pretense of neutrality and to be unneutral.
At first, the conventional wisdom held that this was "just a few college kids"—a few spoiled snowflakes—who would "grow out of it" when they reached the real world and became serious people. That did not happen. Instead, the undergraduates clung to their ideas about justice and injustice. They became medical students and law students. Then 2020 happened.
All of sudden, critical race theory was more than mainstream in America's law schools. It was mandatory.
Starting this Fall, Georgetown Law School will require all students to take a class "on the importance of questioning the law's neutrality" and assessing its "differential effects on subordinated groups," according to university documents obtained by Common Sense. UC Irvine School of Law, University of Southern California Gould School of Law, Yeshiva University's Cardozo School of Law, and Boston College Law School have implemented similar requirements. Other law schools are considering them.
As of last month, the American Bar Association is requiring all accredited law schools to "provide education to law students on bias, cross-cultural competency, and racism," both at the start of law school and "at least once again before graduation." That's in addition to a mandatory legal ethics class, which must now instruct students that they have a duty as lawyers to "eliminate racism." (The American Bar Association, which accredits almost every law school in the United States, voted 348 to 17 to adopt the new standard.)
Trial verdicts that do not jibe with the new politics are seen as signs of an inextricable hate—and an illegitimate legal order. At the Santa Clara University School of Law, administrators emailed students that the acquittal of Kyle Rittenhouse—the 17-year-old who killed two men and wounded another during a riot, in Kenosha, Wisconsin—was "further evidence of the persistent racial injustice and systemic racism within our criminal justice system." At UC Irvine, the university's chief diversity officer emailed students that the acquittal "conveys a chilling message: Neither Black lives nor those of their allies' matter." (He later apologized for having "appeared to call into question a lawful trial verdict.")
Professors say it is harder to lecture about cases in which accused rapists are acquitted, or a police officer is found not guilty of abusing his authority. One criminal law professor at a top law school told me he's even stopped teaching theories of punishment because of how negatively students react to retributivism—the view that punishment is justified because criminals deserve to suffer.
"I got into this job because I liked to play devil's advocate," said the tenured professor, who identifies as a liberal. "I can't do that anymore. I have a family."
Other law professors—several of whom asked me not to identify their institution, their area of expertise, or even their state of residence—were similarly terrified.
Nadine Strossen, the first woman to head the American Civil Liberties Union and a professor at New York Law School, told me: "I massively self-censor. I assume that every single thing that is said, every facial gesture, is going to be recorded and potentially disseminated to the entire world. I feel as if I am operating in a panopticon."
This has all come as a shock to many law professors, who had long assumed that law schools wouldn't cave to the new orthodoxy.
Famed North Korean defector Yeonmi Park offered a chilling account of her time at Columbia University, saying that not even North Korea went to the level of brainwashing that she witnessed.
Speaking with Fox News, Park became increasingly dismayed with the cost of an education that amounted to little more than what she described as indoctrination.
"I expected that I was paying this fortune, all this time and energy, to learn how to think. But they are forcing you to think the way they want you to think," she said. "I realized, wow, this is insane. I thought America was different but I saw so many similarities to what I saw in North Korea that I started worrying."
Like in North Korea, Park said she witnessed example after example of anti-Western sentiment and guilt-tripping. During her orientation, for instance, a staff member scolded her for liking classic literature.
"I said 'I love those books.' I thought it was a good thing," Park said of her orientation. "Then she said, 'Did you know those writers had a colonial mindset? They were racists and bigots and are subconsciously brainwashing you.'"
It seems very clear that elite colleges discriminate against Asian-American students, and that the Supreme Court is going to find this. (One expert said no discrimination would result in around 65% Asian-American admits.) The fact that this has been so tolerated speaks volumes. Stopping standardized tests -- which are imperfect and correlated with socioeconomic status -- seems to be bad. Other items like the personal essay are surely more correlated and more hackable. I'm all for looking at test scores in context, but dropping entirely denies opportunity. (I wonder if this is correlated to the earthquake coming when colleges can no longer discriminate against Asian-American students.)
I don't know about Canada, but in the US very few people are willing to admit that the number of students is dropping. Regional specialty schools are being hardest hit; I know of examples from both ends of the spectrum that are struggling or have even shut down.
ReplyDeleteFor now, the big name schools are still doing ok because their reputation is SO big that they get enough to keep going.
Lesser tiers, not so much - Oberlin is a great example, with nationally ranked costs but only regional draw, they have tried to survive by going very activist and full woke in an area that doesn't support it. Their big push against a local bakery who had black students arrested for shoplifting was supposed to lift their reputation - instead it resulted in a HUGE judgement against the school.
Hi Jonathan,
ReplyDeleteBankruptcies among US universities are starting to show up in regional news. Something else I've seen the last couple of years is mention that some schools are dropping their "Liberal Arts" programs and "Studies" programs because there's no demand.
Everybody already knows that there's no future for a Women's Studies major with a minor in puppetry. Just having a degree like that makes a kid unemployable these days. Enrollment reflects that reality. Yay! ~:D