All the way down (and I mean way down) the line, Noah Feldman’s defense of basically accepting any applicant for law school follows the talking points of the scummy for-profit colleges.

Law school has always had a shaky time thinking of itself as flying at a similar altitude to med school, but as the profession downsizes, and schools like UD‘s own George Washington University, for instance, start stealing students from American University, while Georgetown University steals students from GW, things are really moving toward the death spiral.

Feldman’s argument against the “infantilization” of people who want to assume $200,000 in debt to law school (even though their scores and grades make it obvious they won’t be good students and will either drop out with lots of debt or will fail to get a job that will allow them to repay the debt) is just as inspiring as Corinthian College’s spokespeople who for all the years it was in existence (it was recently forced to shut down its federal-tax-syphon operation) remonstrated against us for the same thing: How dare you, in an America founded on personal liberty and Horatio Alger etc etc etc how DARE you keep every person who fantasizes that she can be a lawyer from going to law school and sticking the American taxpayer with their loans? Our law schools are heroically reaching down into non-traditional places (the for-profits, for instance, hang out at homeless shelters and sign people up) and finding the inspiring social activists of this country’s future…

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Feldman argues that “A standardized test score, taken alone, shouldn’t determine your future.” Hell yeah!

But no school accepts students merely on the basis of their scores… Jordan Weissmann is even unpleasant enough here to suggest that Feldman’s “very much arguing against a straw man” throughout his essay…

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Feldman teaches at Harvard and is very worried that schools like his will be “accused of elitism and denial of opportunity” if they don’t override the conspiratorial pope-like “infallible admissions process” with its oligarchical buttressing of this country’s evil “technocratic elite.”

Thank God this doesn’t come anywhere near describing the Harvard of today, and thank God Feldman’s right there to make sure nothing like that happens in the future.

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UPDATE: Paul Campos, a friend of this blog, adds this:

[Feldman] ignores the rules under which law schools are actually required to operate. ABA-accredited law schools have something close to a complete monopoly on qualifying American students to sit for state bar exams (California is the major exception), and in order to be an ABA law school, you at least in theory have to abide by the organization’s rules of accreditation, which both forbid schools from admitting students who don’t appear capable of passing the bar, and threaten with de-accreditation schools that have insufficiently high bar passage rates.

… Bar exams, ABA rules, and indeed law schools themselves are all designed as barriers to entry. This is especially true of law schools, which require people to invest three years and many hundreds of thousands of dollars in direct and opportunity costs after acquiring an undergraduate degree, before their graduates even have the right to try to take the bar exam. Now the public-regarding justification for these barriers is, not surprisingly, to protect the public from incompetent and/or crooked lawyers. Nowhere in his piece does Feldman even allude to this core regulatory function.