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Category: General

Law school is now for rich kids

[ 22 ] April 9, 2013 | Paul Campos

While looking over the latest debt numbers for law graduates, it’s striking how high these numbers have gotten; conversely, it’s also how many people are graduating with no law school debt at all. Nationally, about 15% of the class of 2012 graduated with no law school debt, but this percentage varied widely between schools, from a high of 30% to a low of 0% (32% of UC-Irvine’s initial class graduated with no debt, but this is a special case as the entire initial class paid no tuition).

You don’t have to be an ethnologist to detect a certain pattern in the distribution of these percentages as they relate to, among other things, matters of socioeconomic status. For example, here’s a half dozen schools with especially high percentages of graduates who incurred debt:

Thomas Jefferson 98%
Phoenix 97%
Western New England 96%
Regent 98%
Appalachian 96%
Texas Southern 100%

Now here are six schools that had relatively low percentages of graduates taking out any law school loans:

SMU: 70%
Penn: 71%
Fordham: 72%
Texas: 74%
Emory 76%
Vanderbilt: 76%

Note that the estimated cost of attendance at the schools with lots of debt-free graduates is on average quite a bit higher than that at the schools where essentially everyone is graduating with law school debt. So how is it that, for example, nearly three out of ten graduates of Fordham manage to graduate without taking out any law school loans?

The answer, of course, is that lots of really rich kids go to Fordham (and SMU and Vanderbilt, etc.). These schools have become staggeringly expensive to attend: For instance, Fordham now charges just under $50K per year in tuition and fees, and has a nine-month estimated cost of living of over $25,000. (Federal loan programs only allow people to borrow living expenses when they’re enrolled in school, so summer expenses aren’t covered for most students.

Fordham also gives out very little in the way of scholarship money: two-thirds of the class gets nothing, and the median grant for those who do get tuition breaks is $10K, meaning that the school’s effective tuition rate is around $46K per year.

Yet three out of ten Fordham grads are coming up with $240K in cash to pay for three years of tuition and cost of living expenses in mid-town and environs. What happens to the rest?

The 72% of the 2012 graduating class that took out loans during law school took out an average (mean) total of $134,350 over the course of law school. But this total is misleading. First, a significant minority of that 72% are borrowing only minimally. From what I’ve seen at various schools, about 10% to 15% of the graduating class takes out relatively small loan totals, to cover for example part or all of their living expenses, while parents pay the full cost of tuition. In addition, until last summer it was possible to get $25,500 in interest-free subsidized Stafford loans over the course of law school — the government paid the interest pre-graduation — and I know some people who took out such loans purely for the arbitrage opportunity, and then paid them off at graduation.

So probably about 60%, roughly speaking, of the Fordham class took out really large loan amounts. This means the median amount borrowed among the 72% of the class that borrowed was quite a bit higher than the mean. And as of last year, all such loans accrue interest as soon as their issued, and average rate of about 7.5%. What this means is that the median amount owed in law school loans by the more than half of Fordham grads who took out significant loans was probably more on the order of $200,000 — and this doesn’t include other educational debt, or consumer debt.

Now it’s true that one third of Fordham’s 2012 class got high-paying big firm jobs (how long they’ll hang on to those jobs is a different question). But for what should be obvious reasons, it’s unlikely that the distribution of such jobs was random between the 60% or so of the class that’s incurring massive debt totals, and the 40% that’s incurring no or relatively little debt.

This back of the envelope calculation leads to the conclusion that around half of the 2012 class at this highly-ranked school is basically screwed (100 of the class’s 466 graduates were either completely unemployed nine months after graduation, or working in short-term and/or part-time “jobs” funded by the school itself, to pump up the school’s putative employment rate). And that half is likely to largely overlap with the three-fifths of the class that doesn’t come from major money.

A very similar story can be told about the graduating classes at Emory and Vanderbilt and Texas and SMU — hyper-expensive schools catering in large but all too limited part to the children of the one per cent, where the large majority of the graduating classes don’t get anything close to a high-paying entry level job, or in some cases any job at all. (A commenter points out that UT is not hyper-expensive relative to these other schools, at least for in-state residents. Although even for in-state residents annual COA is $53K a year, which will produce nearly $190K in debt if fully debt-financed. Out of state COA is $70K per year).

And, comparatively speaking, these are among the best law schools out there, in terms of “investment value.” Compared to Thomas Jefferson et. al., these schools feature good outcomes — in the sense that breaking your ankle is a good outcome relative to getting your leg amputated.

The Politics of “Grand Bargains”: All Downside

[ 217 ] April 9, 2013 | Scott Lemieux

I don’t know if I would go quite so far as to say that a “grand bargain” including Social Security cuts would destroy the Democratic coalition.   But it’s certainly true that it wouldn’t attract anybody to the Democratic coalition — since Pain Caucus pundits don’t actually represent any meaningful constituency — and it would give a lot of people less reason to vote for the Democrats.   The only question is how big the downside would be.

And, of course, not only are the politics terrible, but the whole idea of “grand bargains” is senseless even on their own dubious terms. Even if you succeed in reducing deficit projections, it will all go to upper-class tax cuts the second Republicans control the White House and House of Representatives simultaneously.

The Thatcher Legacy

[ 215 ] April 9, 2013 | Scott Lemieux

SEK and Attewell, LG&M podcast-style, on Game of Thrones: “Dark Wings, Dark Words” (S03E02)

[ 35 ] April 9, 2013 | SEK

Or, another installment of “SEK yet again looks at everything that isn’t his webcam, while Race for the Iron Throne‘s Attewell just looks composed, only this time SEK also looks like a Soderberghian Smurf.” (He’s not doing himself any favors here.) This podcast discusses, among other things, gender and violence, sex and manipulation, time travel, Batman, and Attewell’s amazing ability to corral SEK’s dithering into almost topical blather. (Also, the punchline to that pointless joke SEK made can be found here. It may make its way into an argument eventually, but that day is not today.) Enjoy!

Download Kaufman and Attewell discussing “Dark Wings, Dark Words” here.

Our discussion of the premiere (S03E01) and a link to download it can be found here.

All LG&M podcasts can be found and subscribed to here.

“It Passed Our Fact-Esque Checker”

[ 68 ] April 9, 2013 | Scott Lemieux

There are, if you want to be charitable, multiple ways of interpreting the assertion that “[Chavez has left] the same Venezuela as ever: one of the world’s most oil-rich but socially unequal countries.” But none of them are consistent with any known empirical data. Anderson seems to be using the same research methods that caused Peggy Noonan to project a Romney landslide.

Mad Men: One foot in “The Doorway”

[ 23 ] April 8, 2013 | SEK

For reasons that should be clear if you read between the lines of the post’s last sentence, I’m providing a link to my analysis of the season premiere of Mad Men instead of posting it in its entirety here. This situation should be rectified soon enough, but in the meantime, this is how we must roll.

Things In Politico That Will Make Charles Pierce Want To Gargle Antifreeze

[ 95 ] April 8, 2013 | Scott Lemieux

The increasing prominence of Rand Paul, the neoconfederate ophthalmologist, proves that libertarianism is going mainstream! All that was necessary was to define “libertarian” as “utterly orthodox conservative Republican.”

Breaking! Conservertarian Speculation Inconsistent With Empirical Evidence!

[ 132 ] April 8, 2013 | Scott Lemieux

David Nieporent would like to instruct feminists that they should not worry their pretty little heads about such trivialities as “reinforcing the sexist stereotypes that have contributed to the gross underrepresentation in public office”:

It used to be said that women couldn’t be involved in politics because they were just too frivolous, unable to handle serious issues and suited only to superficial, flighty topics. Then feminists came along to try to prove them right.

Nyuk, nyuk, nyuk. Only:

A number of unlikely sources defended President Obama last week when he called California Attorney General Kamala Harris “the best looking attorney general” and was later forced to apologize for it. His defenders mostly sang a common refrain: What’s the harm in complimenting a woman’s appearance?

As if on cue, a study released Monday showed that media coverage of a woman candidate’s appearance actually makes people less likely to vote for her — even if the comments are positive.

“Women candidates pay a real price when they are covered in a way that focuses on their appearance,” Democratic pollster Celinda Lake of Lake Research Partners, which conducted the survey along with Chesapeake Beach Consulting, said in a statement. “Even what we thought was benign coverage about how a woman dresses has a negative impact on her vote and whether voters perceive her as in touch, likeable, confident, effective, and qualified. And, in close races, sexist coverage on top of the attacks that every candidate faces can make the difference between winning and losing.”

Also:

Name It. Change It.’s report didn’t run a similar experiment for coverage of Dan’s looks, so we don’t know how praise of his cuticle maintenance would have affected his chances. But we do know that despite President Obama’s commitment to equal-opportunity physical flattery, female candidates contend with far more superficial coverage of their campaigns than do men, and that seriously undermines their success. In Women for President: Media Bias in Nine Campaigns, Erika Falk examined media coverage of every female presidential candidate in American history, from Victoria Woodhull in 1872 to Hillary Clinton in 2008. Female candidates were subjected to four times the appearance-based coverage that male candidates were. And the trend didn’t budge across the 136-year sample: Journalists in 2004 described Carol Moseley Braun’s body more frequently than journalists in 1872 touched on Woodhull’s looks. Independent studies have found similar gender discrepancies in media coverage of 2008 vice presidential candidates Sarah Palin and Joe Biden, and 2000 presidential contenders Elizabeth Dole, George W. Bush, Steve Forbes, and John McCain.

These issues are, in fact, entirely serious. The disproportionate focus on the appearance of women is well-established and clearly harmful.

The End of Fish

[ 60 ] April 8, 2013 | Erik Loomis

It’s a good thing the Chinese don’t eat fish because this would be a problem:

However, over the past few years, fishery resources in the river have witnessed a severe decline, with the river’s ecological system currently on the verge of collapsing, according to Zhao Yimin, head of a fishery resource office with the Ministry of Agriculture.

According to statistics, the Yangtze River used to have some 1,100 species of wild aquatic animals, including more than 370 fish species of which 142 were unique to the river and some 20 had been categorized as endangered animals.

In recent years, however, the amount of fish has sharply declined, with particular species, such as the shad and blowfish, not spotted for several years.

This is believed to be the result of excessive fishing, the construction of water conservancy projects, water pollution and unregulated drainage.

Currently, most fish caught in the Yangtze River are only six months-old and some are even less than two months old, leaving them with no chance at any offspring.

Oh wait, you mean fish is central to Chinese food? And that this is really just a somewhat worse version of a worldwide phenomenon? Oh dear.

Once again, our children will think of most fish as they do the passenger pigeon. We will have to explain to them what a “fish” is. There will be some examples in the Museum of Natural History.

Glenn Greenwald is making sense

[ 142 ] April 8, 2013 | djw

Today, on the implications of the “don’t speak ill of the (recently) dead” rule:

But the key point is this: those who admire the deceased public figure (and their politics) aren’t silent at all. They are aggressively exploiting the emotions generated by the person’s death to create hagiography. Typifying these highly dubious claims was this (appropriately diplomatic) statement from President Obama: “The world has lost one of the great champions of freedom and liberty, and America has lost a true friend.” Those gushing depictions can be incredibly consequential, as it was for the week-long tidal wave of unbroken reverence that was heaped on Ronald Reagan upon his death, an episode that to this day shapes how Americans view him and the political ideas he symbolized. Demanding that no criticisms be voiced to counter that hagiography is to enable false history and a propagandistic whitewashing of bad acts, distortions that become quickly ossified and then endure by virtue of no opposition and the powerful emotions created by death. When a political leader dies, it is irresponsible in the extreme to demand that only praise be permitted but not criticisms.

To quibble: I don’t believe I’d describe Obama’s unfortunate linguistic choices as “incredibly consequential,” which seems like a bit of an overstatement, although I certainly wish the he’d gone a more generic direction with his statement today. I’m open to arguments for the appropriateness of a weaker version of the rule: a recent death is perhaps a time for heightened caution about how you speak ill of the dead; perhaps taking extra care to avoid unfair or needlessly personal attacks. The larger point, though, is clearly correct: the “don’t speak ill” rule is wielded as a tool to create a zone of protection around a particular rhetorical tool. No thanks.

Not Just Stupid, Illegal

[ 35 ] April 8, 2013 | Scott Lemieux

A federal judge has persuasively ruled that the Obama administration’s disgraceful decision to refuse over-the-counter access to emergency contraception for young women under 18 was illegal. The decimation of the administration’s farcical invocation of 11-year-olds is particularly strong, but the entire opinion is well-constructed and devastating.

As I said at the time, not only was this decision procedurally arbitrary and indefensible on policy grounds, as a first approximation the votes gained by an irrational pro-unwanted-teen-pregnancy position was “none.” I hope the Obama administration will use this as a signal to just let this foolish mistake die a deserved death.

This Day in Labor History: April 8, 1952

[ 20 ] April 8, 2013 | Erik Loomis

On April 8, 1952, President Harry Truman nationalized the steel industry in order to forestall a strike scheduled the next day that would have shut down steel production during the Korean War. This action, which outraged steel owners, was part of Truman’s commitment to labor unions he showed throughout his presidency, even during a time of conservative backlash during organized labor’s gains of the 1930s. It also showed the limits of what courts would allow the executive to do to support labor unions in the Cold War.

The steel industry was probably the most hostile large industry to organized labor. Although the Steel Workers Organizing Committee (later the United Steelworkers of America) managed to force U.S. Steel to negotiate a contract in 1937, the smaller steel companies held on until Franklin Roosevelt forced their hand in 1942, engaging in some of the harshest labor violence of the 1930s along the way. This hostility had not abated by the 1950s. Steel companies wanted to crush the USWA and take back control over their plants.

World War II taught a hard lesson to organized labor–tying price control to wage rates as happened during that conflict meant that workers would not share in wartime profits. There was tremendous working-class militancy during the war over wages, which labor leaders worked very hard to suppress in order to continue production. This pent up anger led to the strike wave of 1946 that in turn spawned the Taft-Hartley Act and other anti-union legislation. When the Korean War began in 1950, President Truman wanted to avoid similar conflicts. He thus created the Wage Stabilization Board that would judge wage requests from labor independently of prices, which fell under the Office of Price Stabilization.

In 1951, contracts talked began to break down between the USWA and the steel industry, with US Steel, Bethlehem Steel, and other companies balking at wage hikes. US Steel refused to even talk about wages after September 1951. The USWA made it clear that they were organizing industry-wide and refused to do so company by company, which would have given the corporations much more power in the process. Tensions within the USWA also rose during the talks. The USWA strike committee specifically refused to grant USWA and CIO President Philip Murray the power to sign a wage agreement without a vote from union membership (in fact, the USWA had been a fairly undemocratic union from its beginnings so there was reason to be concerned here), which would have granted Murray a lot of leverage to push back against labor militancy and the potential of a walkout.

On December 31, 1951, the existing contract expired. Truman ordered the WSB to mediate a solution, which labor agreed to rather than going on strike. In March, the WSB recommended a wage increase of 26 cents an hour. The steel industry responded by demanding a similar hike in steel prices from the Office of Price Stabilization. This was starkly different from World War II, when labor’s wage gains were erased by state-mandated inflation. The steel industry rejected the government’s mediation and refused to recognize the wage rates. This impasse led the USWA to announce a strike for April 9.

Truman was desperate to stop a labor walkout in steel during the war. Already an unpopular president, Truman had the 52 elections on his mind, hoping to hold the line for Adlai Stevenson and understanding the need to have a huge labor turnout to defeat Eisenhower that November. Thus, he staked himself to production to win the war over union-busting, despite the popularity of the latter tactic with large swaths of the American public during the time. On April 8, he nationalized the steel industry through Executive Order 10340, ordering Secretary of Commerce Charles Sawyer to take over the nation’s private steel mills and keep them running. The USWA immediately called off its strike and told its members to report to work. Organized labor was ecstatic that the president would come down so decisively on their side during the dispute. Business owners and newspapers were predictably outraged. Republicans howled about Truman caving to labor and assisting international communism, conveniently ignoring the real fault for the strike.

President Truman announcing nationalization of the steel industry.

The steel companies sued to regain control of the plants. On June 8, the Supreme Court ruled 6-3 that Truman overstepped his authority in seizing the mills. The government argued that as Commander in Chief the president had the obligation to ensure that critical wartime industries remained operational. Moreover, this necessity overrode the principle of private property. The steel companies, represented by the 1924 Democratic candidate for president, John W. Davis, argued that Congress had provided Truman another way to end the strike, through the Taft-Hartley Act, which would force the workers back to job due to the law’s clause giving presidential powers to end strikes when they impacted national safety, creating an 80-day cooling off period. Davis argued that Congress had explicitly rejected seizures in passing Taft-Hartley and that Truman violated the separation of powers by ignoring congressional instructions on dealing with these issues. Unfortunately, the majority of the Supreme Court agreed.

This led 600,000 steelworkers to go on strike the next day, effectively ending steel production in the United States for the next 6 weeks. Factories producing tanks, trucks, bazooka rockets, and mortar shells reduced production by more than half. Truman could have used his power under the Taft-Hartley Act to bust the strike. He refused, blaming management for the strike and again wanting to make labor happy with the Democratic Party, although the president also openly held the possibility of drafting striking steelworkers into the military as a tool to use against the USWA staying on strike for long. The strike lasted until July 24, when the industry caved to USWA demands, including a 21.5 cent pay hike with a $5.65 a ton rise in steel prices to partially offset those wage increases. The union wanted a full closed shop and although it did make progress toward that goal, it was not a complete victory on that front. More important, the USWA stood up to the steel companies, holding the line in industry representation and showing solidarity against industry intransigence. Certainly Murray and USWA leadership thought they had won a huge victory.

USWA strikers and their children, 1952

From perspective of Democratic Party fortunes, Truman ended up looking to his enemies both dictatorial and weak by turns. The steel strike had little impact on the war effort, but although Truman galvanized organized labor, if anything it hurt Democratic fortunes in the 1952 elections, helping usher in Republican rule for the first time in 2 decades, although there were many reasons for this. In the bigger picture, Truman’s support of the USWA probably had relatively little impact that fall.

This is the 56th post in this series. The rest of the series is archived here.

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