Markets, intellectual diversity and law schools

Yesterday I noted Henry Manne's views about faculty control of the modern university, unconstrained by anything like a market. I discussed Henry's view that the structure of the modern university stemmed from the early need to lock control in those whose theology could be trusted. But universities kept their structure even after its religious function was long gone. At that point, as Henry said:

Ideology moved into the bed once warmed by Theology. Law professors, like other academics in “soft” fields, would henceforth be unconstrained by any outside force, be it economic, political, theological, or scientific. . . .

What can we do about the fact that law schools have not come to grips with hard problems of normative scholarship? Certainly it will not do. . .to say that we have to be politically neutral. (Does this mean scientific?) The problem with that is that we cannot distinguish easily--at least not easily enough seriously to protect academic freedom--between political un-neutrality and a bona fide belief on the part of someone whom we believe to be wrong. . . . Guidance is missing from any agreed-upon goal or methodology.

How can we take advantage of this undeniable intellectual diversity without running the risk of having an inquisition to decide whether something is politically neutral or not? I suggest to you that the only way this is going to be done for law schools . . .is to have each of them practice serious intellectual specialization. This makes good sense; it will actually provide a diversity in views that is sorely missed today. . . .The ultimate goal of academic freedom, which I believe to be essential in an educational system structured as ours is, is going to be met only by trying to build a kind of intellectual diversity among different law schools and not within every school.

Henry was implicitly referring to his own stint as GMU law dean, where he was often attacked for his focus on law and economics. He was pointing out that those with different views can start their own law schools. Let a million intellectual flowers bloom.

This can happen for the same reason it happened at GMU: sometimes you get an enterprising administrator like GMU's President George Johnson who wants to jump start the reputation of a fledgling school by hiring somebody with strong views.

This brings me to the events at the new UC Irvine law school, as discussed by Thomas Lifson (HT PoL ):

The nascent law school designed to produce left wing lawyers (aka "public interest lawyers") is reported to be considering the perfect dean: UC Irvine is talking with Erwin Chemerinsky. . . Nobody denies that Chemerinsky is s smart and agile legal thinker (and talker). But he is also about as left wing as they come [intellectual division], the favorite superstar of the (needless to say, left) establishment in law, journalism, activism, and "public interest" circles.

Lifson earlier noted that

a brand new school in a beautiful setting, convenient to the beach and to the media-intensive world of Southern California, has a good shot at attracting "cutting edge" thinkers in "public interest law". The faculty to be recruited as "experts" in the field would themselves be no doubt heavy on those pursuing the most radical agendas, for they attract the most attention and commentary. * * *

So, oddly, the market may be coming to higher education, leading to the intellectual diversity Henry Manne wanted to see.

Now, will Irvine spawn a Hayek law school?

Update:  See Harry Lewis's comment to my previous post -- that maybe the problem is not lack of governance, but lack of a soul.

Update 2:  Josh Wright has some good observations on the question of intellectual payoff from specialization.

Comments

[Jack Payne]

This piece makes you wonder, where is the dividing line--really-- between, "politically correct," and "politically neutral?"

When it comes to teaching "legal" crime in law schools they are all politically nonesistent. This is the one gaping hole that is consistently never filled in all law schools.