UD used to be lectured, on a regular basis, at academic conferences…

… on the absurdity and evil of Richard Rorty, one of her heroes (along with Albert Camus, George Orwell, Christopher Lasch, Iris Murdoch, and Christopher Hitchens). He was simple-minded, non-transgressive, jingoistic, a stick in the mud. Dull, naive, like his pragmatist hero, John Dewey.

You should read way-transgressive Slavoj Zizek, Margaret, and get out of the Rorty rut.

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Slavoj Zizek has announced that he would, if he were an American citizen, vote for Donald Trump.

Like the West Coast Straussians who come at the problem from the right, Zizek’s so disgusted by what he imagines “liberal democracy” to be, he wants someone – anyone – to fuck it up but good.

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Rorty? In his naive chauvinistic way, Rorty spent his career defending liberal democracy as the best thing we’ve got and utterly worth defending with all our heart.

Here he defends it against — Zizek.

Zizek starts off from a Lacanian account of desire and says that ‘The problem with this liberal dream is that the split between the public and the private never comes about without a certain remainder’ and that ‘the very domain of the public law is “smeared” by an obscure dimension of “private” enjoyment.’ He goes on to ‘locate in a precise manner the flaw of Rorty’s “liberal utopia”: It presupposes the possibility of a universal social law not smudged by a “pathological” stain of enjoyment, i.e. delivered from the superego dimension.’

I do not see that political liberalism need presuppose anything of the sort. I imagine that ressentiment, as well as the mild form of sadism which is intrinsic to Kantian notions of obligation, will go on forever – or at least as long as there are judges, police, etc. But I should think the question is whether anybody has any better ideas for a legal and political system than the liberal, constitutional, social democratic one. I can find nothing in Freud, Lacan, Zizek, Derrida [and others on the radical left] which persuades me that anybody does.

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Rorty’s enjoying quite the posthumous vindication. Post-Trump, his name is everywhere. He is widely seen as having anticipated and analyzed more clearly and compellingly than most the rise of Trumpian conditions in the United States. In particular, people are citing these three paragraphs:

[M]embers of labor unions, and unorganized unskilled workers, will sooner or later realize that their government is not even trying to prevent wages from sinking or to prevent jobs from being exported. Around the same time, they will realize that suburban white-collar workers — themselves desperately afraid of being downsized — are not going to let themselves be taxed to provide social benefits for anyone else.

At that point, something will crack. The nonsuburban electorate will decide that the system has failed and start looking around for a strongman to vote for — someone willing to assure them that, once he is elected, the smug bureaucrats, tricky lawyers, overpaid bond salesmen, and postmodernist professors will no longer be calling the shots. …

One thing that is very likely to happen is that the gains made in the past 40 years by black and brown Americans, and by homosexuals, will be wiped out. Jocular contempt for women will come back into fashion. … All the resentment which badly educated Americans feel about having their manners dictated to them by college graduates will find an outlet.

Jennifer Senior, in the New York Times, rightly notes that, like Lasch, Rorty looked with dread upon the emergence of a “cosmopolitan upper class which has no …sense of community with any workers anywhere,” but lives instead in an exceedingly pleasant, totally insulated, white-noisy bubble.

This group included intellectuals, by the way, who, [Rorty] wrote, are “ourselves quite well insulated, at least in the short run, from the effects of globalization.”

No current group of academics embodies this truth better than those law professors who continue to enjoy high salaries, low course loads, and assorted perks despite so deep a crisis in their profession that astonishingly few people are applying to law school. Critics like Brian Tamanaha and Paul Campos have had a field day with these professors.

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In the book of Rorty’s everyone’s talking about lately – Achieving Our Country (1998) – he makes his critique of what he calls ‘spectatorial’ radicals in the academy more explicit:

When one of today’s academic leftists says that some topic has been ‘inadequately theorized,’ you can be pretty certain that he or she is going to drag in either philosophy of language, or Lacanian psychoanalysis, or some neo-Marxist version of economic determinism. Theorists of the Left think that dissolving political agents into plays of differential subjectivity, or political initiatives into pursuits of Lacan’s impossible object of desire, helps to subvert the established order. Such subversion, they say, is accomplished by ‘problematizing familiar concepts.’

Recent attempts to subvert social institutions by problematizing concepts have produced a few very good books. They have also produced many thousands of books which represent scholastic philosophizing at its worst. The authors of these purportedly ‘subversive’ books honestly believe that they are serving human liberty. But it is almost impossible to clamber back down from their books to a level of abstraction on which one might discuss the merits of a law, a treaty, a candidate, or a political strategy. Even though what these authors ‘theorize’ is often something very concrete and near at hand – a current TV show, a media celebrity, a recent scandal – they offer the most abstract and barren explanations imaginable.

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Dissolve enough agency and you end up marooned on Slavojnia: the most abstract and barren island imaginable.

An Open and Shut…

case.

For reflections on whether this will mean downward pressure on law faculty salaries (UD can’t see how it could be otherwise), go here and read all of the posts on the page.

Congratulations, Suckers.

[T]he system is not sustainable in its present form. The graduation into a shrunken legal sector of students with hundreds of thousands of dollars of student debt, nondischargeable in bankruptcy, cannot continue.

Antonin Scalia, commencement address to the graduating class of William and Mary Law School.

Although he cites friend-of-this-blog Paul Campos, Scalia seems not to have read him (or the hilarious Brian Tamanaha) on law professors and their feelings about their salaries. Because Scalia says this:

[T]he vast majority of law schools will have to lower tuition. That probably means smaller law school faculties though not necessarily one third smaller. That would be no huge disaster. Harvard Law School, in the year I graduated, had a faculty of 56 professors, 9 teaching fellows, and 4 lecturers; it now has a faculty of 119 professors, 53 visiting professors, and 115 lecturers in law. A total of 69 then and 287 now. And cutting back on law school tuition surely means higher teaching loads. That also would not be the end of the world. When I got out of law school, the average teaching load was almost 8 hours per week. Currently it is about half that. And last but not least, professorial salaries may have to be reduced, or at least stop rising. Again, not the end of the world.

On that last point, here are the words of Kent Syverud, chair of the council of the ABA Section of Legal Education and Admissions to the Bar:

“The painful truth is that the problem with costs is that law professors and deans are paid too much relative to the amount of work they do… The whole problem of costs would go away tomorrow if our salaries were halved.”

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So here’s the deal, as ol’ UD sees it. Harvard will continue to inflate its law faculty to infinity, because Harvard has a close to forty billion dollar endowment and can do anything. Let’s not use Harvard as an example of anything. Other law schools, even respectable ones, will go the cheesy for-profit online route (they will contract with a company to exploit their university’s name and offer third-rate law degrees by correspondence) before they start cutting classroom faculty or increasing work load.

Yes, this approach will degrade their university, and its law program, yet further. But in the short term it will protect that most unusual of graduate faculties – faculties which graduate many unemployable, deeply indebted attorneys, but faculties that continue to be paid in the hundreds of thousands for teaching three or four courses a year.

“Really, if the lower orders don’t set us a good example, what on earth is the use of them?”…

… asks Algernon, in The Importance of Being Earnest; and it is a question a number of law professors have been posing lately about law students, whose duty is to set us (law profs, that is) a good example by paying $50,000 and up (plus living expenses) a year for law school, and then being unemployed or taking a public interest job that may pay close to nothing.

As you probably know, law jobs are collapsing in this country, largely due to far too many law school graduates constantly being added to the job-seeking pool. Some schools are looking for ways to respond to this problem. Others are not.

In response to this New York Times opinion piece, written by two law school professors who basically deny the problem, Paul Campos first debunks their optimistic statistics, and then remarks:

The most nauseating aspect of …this [op-ed] is the gelatinous patina of sanctimony the authors slather onto their exercise in profoundly anti-intellectual — if “intellectual” is taken to mean “minimally honest” — hucksterism. “Legal education is still an excellent choice for those committed to serving others in a rewarding career,” they primly observe. Yes, it’s certainly been an excellent choice for them. Let’s take a moment to contemplate how well these public-spirited scholars are doing for themselves by “serving others.”

The first person Chemerinsky hired onto the UC-Irvine faculty when he got this self-abnegating enterprise rolling five years ago [Erwin Chemirinsky, notes Campos, is dean of a brand new law school that, “in a hyper-saturated legal employment market,” [charges] $47,300 in resident and $53,900 in non-resident annual tuition.] was his wife. In 2012 this dynamic academic duo pulled down a combined salary of $597,000 from the University of California’s perpetually cash-strapped system.

Meanwhile [the co-author of the NYT piece] took home a salary of $320,000, so it’s safe to say a career in public service is working out OK for her as well.

Obviously there’s plentiful comic territory here for those who enjoy either Wildean languidity about class privilege or straightforward Tartuffian riffs on hypocrisy (if you haven’t read Brian Tamanaha’s hilarious classic on this subject, do so).

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Add to Chemerinsky’s hearty assurance that all is well the rage of University of Oregon professor Robert Illig at the possibility that he and his colleagues in the law school might not get raises this year. The blog UO Matters quotes from two emails Illig sent to the faculty in which he worries about the possibility that the dean of the school (this might be a faculty proposal rather than something from the dean; it’s not clear at the moment) might take away raises and invest them instead in enhancing job prospects for recent graduates.

I feel that having given up the chance at a seven-figure annual income [for a six-figure one] is charity enough for the students.

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Campos wonders if Illig’s thing is “an elaborate parody.”

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More information on the faculty resolution.

“At a time when law students and recent graduates nationwide have been struggling with large debt and poor job prospects, leftist law professors sojourned in Hawaii in mid-winter, many presumably at school expense, to discuss sundry topics of concern to legal educators – with the greatest urgency placed on perceived attacks against the law professoriate.”

Hilarious article in, of all places, a legal journal, by bad boy Brian Tamanaha, who has broken the decorous silence we’re supposed to maintain about the greed and hypocrisy of American law professors. Tamanaha rightly targets progressives – like the Critical Legal Studies (Crits for short) people – who pat themselves on the back for their advocacy on behalf of the world’s oppressed, but who jealously guard their own wealth and status — all the while ignoring the oppressed in their own classrooms.

Tamanaha isn’t the first law professor to go there – that would be Kristin Luker – but he’s way farther out than Luker.

As the cost of legal education rose to astronomical heights, loading more and more debt on the backs of students, erecting an enormous economic barrier to access to the legal profession with major class implications, the Crits said nothing. Like other law professors, they have been playing in the academic sandbox, enjoying the increased income and release from teaching that followed from and was funded by the immense rise in tuition.

“How,” asks Tamanaha, “could developments so contrary to progressive causes occur at a time when most law professors are progressives?”

His answer:

Why we did not resist is straightforward: we benefited personally. Tuition increases meant yearly salary raises, research budgets to buy books and laptops, additional time off from teaching to write (or to do whatever we like), traveling to conferences domestically and abroad, rooms in fine hotels, and dining out with old friends. A sweet ride it has been. After becoming accustomed to such treatment, it seems normal to desire even more pay, and not think twice about traveling to Hawaii or taking the family to the annual Southeastern Association of Law Schools conference, held every summer at a luxury resort.

He concludes with a series of questions, among them:

Can we tell our friends in [progressive legal organizations] that it is unseemly to attend a conference about the future of legal education in Hawaii when so many law students and recent graduates are struggling desperately in the here and now, and can we suggest that they should have fought the rise of tuition as hard as they fought to preserve job security for professors?

Can we ask the liberal law professors at California-Irvine how they can preach to their students that they should engage in public service when they charge $50,000 tuition, loading students with debt, while insisting on getting top dollar for their own professorial services?

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At least conservative professors, like Todd Henderson, tend less toward hypocrisy. Henderson likes money, wants huge amounts of it, and seems to resent/consider himself in competition with people who make more than he does.

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The progressive law professors’ quandary recalls, for UD, the immortal statement of one who has solved it — Fulvia Morgana, the sybaritic Italian Marxist in David Lodge’s Small World:

Of course I recognize the contradictions in our way of life, but those are the very contradictions characteristic of the last phase of bourgeois capitalism, which will eventually cause it to collapse. By renouncing our own little bit of privilege we should not accelerate by one minute the consummation of that process, which has its own inexorable rhythm and momentum, and is determined by the pressure of mass movements, not the puny actions of individuals. Since in terms of dialectical materialism it makes no difference to the ‘istorical process whether Ernesto and I, as individuals, are rich or poor, we might as well be rich, because it is a role which we know ‘ow to perform with a certain dignity.

Ooch. Ouch. Eech.

[Brian Tamanaha] also takes aim at the claim of law professors that their high salaries and low teaching loads (relative to other academics) are justified by the revenue they forgo when they enter the academy. No, he replies. Not only is “our pay far better than that of other professors,” not only do we have lifetime security and hours of work that are “whatever we want them to be,” but “our quality of life is far better than that of lawyers and we make more money than most lawyers.”

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