Criticism of Conservative Judges' Proposal for Law Schools to Identify and Block Disruptive Students
Most law firms avoid posting jobs on Indeed or LinkedIn due to high costs. Instead, they publish them on their own websites, bar association pages, and niche legal boards. LawCrossing finds these hidden jobs, giving you access to exclusive opportunities. Sign up now!
Yesterday, James Ho, a conservative judge on the Fifth Circuit, spoke at Yale Law School without any disruptions or mentions of his vow to boycott Yale Law students for clerkship hires. However, in a recent op-ed, Ho advocated cracking down on student protesters and suggested that law schools should identify and block disruptive students. Along with Eleventh Circuit Judge Elizabeth Branch, Ho said that law schools should act against disruptive behavior, including suspending or expelling students or threatening to negatively report on a student's character and fitness to state bar examiners. They also proposed that law schools identify disrupters so that future employers could avoid hiring them. This proposal has been criticized for being a form of academic McCarthyism. Many have argued that condemning a student to a forever no-fly list for rude behavior is too harsh.
The recent op-ed by conservative judges James Ho and Elizabeth Branch advocating for law schools to identify and block disruptive students have been criticized as academic McCarthyism. However, the chances of schools implementing this proposal could be higher, as no reputable law school aspires to be in the blocklisting business. The proposition is also legally tricky, and it seems unlikely any law school would risk alerting prospective employers about a "disruptive" student.
Legal experts have suggested that the judges may have put forward this proposal as a form of performance art rather than a serious attempt to promote free speech and ease conversations across the aisle. The judges' proposal has been criticized as a lame and unsubstantiated argument, with legal experts suggesting that it lacks precision and focus.
It is also speculated that the judges may attempt to bolster their credentials as culture warriors, particularly given Ho's rumored ambitions to be the first Asian American on the US Supreme Court. However, the proposal has been described as embarrassing and weak, and it is likely to gain traction among law schools or employers.
Gain an advantage in your legal job search. LawCrossing uncovers hidden positions that firms post on their own websites and industry-specific job boards—jobs that never appear on Indeed or LinkedIn. Don't miss out. Sign up now!
