Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 


advertise-here4


Slip Opinions


Most under-appreciated thing about Warren Buffett: he built Berkshire to last well beyond him.  (LAC, at BRK annual meeting via Motley Fool, here.)

University governance as a new topic of public discussion.

An unusual profile of Mary Anne Franks (kw)

Aggressive copyright litigation run amok. (fp)

USA Today's Matt Krantz quoting me on Warren Buffett joining Twitter.  (LAC)

Private prisons? Why, sure! What could possibly go wrong? (kw)

TNR profiles Susan Crawford (kw)

Berkshire Hathaway is bigger than Warren Buffett.  Manual of Ideas (LAC).

Guns don't shoot people, kitchen appliances shoot people (kw)

Via Glom, Sat Eve Post review of The Essays of Warren Buffett.


Our Podcast

Subscribe to Law Talk


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Ken Shubin Stein on Warren Buffett: Practical Philosopher of Capitalism

    • Ken Shubin Stein on Is Berkshire Hathaway Really a Psychology Experiment?

    • Orin Kerr on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • David Schwartz on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • Matt on Is Berkshire Hathaway Really a Psychology Experiment?

    • Orin Kerr on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • Guy Spier on Is Berkshire Hathaway Really a Psychology Experiment?

    • Griff on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • John Mihaljevic on Warren Buffett: Practical Philosopher of Capitalism

    • Patrick S. O'Donnell on Warren Buffett: Practical Philosopher of Capitalism

    • Arthur Clarke on Mr. Buffett Joins a Board

    • Patrick S. O'Donnell on Warren Buffett: Practical Philosopher of Capitalism

    • Matt on Warren Buffett: Practical Philosopher of Capitalism

    • Larry Sheldon on Warren Buffett: Practical Philosopher of Capitalism

    • Personal Injury Lawyer on Privacy Self-Management and the Consent Dilemma
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Education Reform: Agendas, Influence, and Capital

posted by Frank Pasquale

In 21st century America, inequality is the foundational social reality. Institutions that reinforce inequality thrive; those that counteract it are targeted as socialistic or Luddite. Even more insidiously, the same movements that try to fight extreme inequality are, as often as not, co-opted by its beneficiaries.

Co-optation is a particular danger in the education sector. Aaron Bady is one of the best writers & thinkers on the topic. To understand co-optation in higher ed, one could do worse than dive in to his latest salvo against Silicon Valley-style “disruption” in the classroom:

[Clay] Shirky thinks in terms of “disruption” and what can come of it, in theory. I think in terms of what the “disruption” of the University of California system looks like in practice, as a complex of politicians, financiers, and career administrators move in lock-step to transform it into a self-sufficient corporate entity, and to enrich private industry in the bargain. I see a group of decision-makers . . . for whom “online” is code word for privatization. If I am against MOOC’s [Massive Open Online Courses], I am against the way “MOOC” is being experienced in California, in practice: as an excuse to cheapen education and free the state . . . from its responsibility to educate its citizenry.


Bady’s concern about Silicon Valley style ed reform is rooted in a larger theory of education as a public good. As he and Mike Konczal remind us, the opposition to public funding of education is not simply a neutral application of economic principles. It’s part of a program to shrink the state, and, failing that, to render it a mere conduit for funding of private entities.

Organizing (and Deflecting) Resentments

This program of shrinking the state depends, in turn, on emotional depictions of various groups in the economy. We hear, for instance, of beleaguered “job creators” who, however well-subsidized they are, find it appalling that a teacher or professor might benefit from taxpayer money. (Even though the government will make a profit of $34 billion on loans this year, it’s the principle that rankles.) Compared to the mythic captain of industry, the “professional-managerial class” shrinks in stature.

Meanwhile, Shirky derides educators as “Teamsters in Tweed,” harking back to his ideological forebear, Ronald Reagan.* As David Noble noted over a decade ago, there is an “intensifying propaganda campaign to portray faculty as incompetent, hide–bound, recalcitrant, inefficient, ineffective, and expensive.” The educator becomes a screen on which to project resentments, and has the added advantage of being vulnerable, since we all know our age’s welfare kings par excellence are untouchable.

Education as Cultural Infrastructure

Thus it’s no surprise to see Rick Scott, Rick Perry and Scott Walker at the front of the college reform parade, with one “holy grail: the so-called 10K degree — a university education completed for just 10 grand.” As Gerry Canavan observes, the predicate for the “faster, cheaper” reform movement is an assumption of Prop 13 without end: ever lower public support for research, ever lower taxes for the wealthiest, everyone on their own:

[T]he most basic economic justification for MOOCs assumes that the funding conditions of the current financial downtown (2008-) will never reset. Colleges, we are repeatedly told, are to face ever-declining budgets from this moment forward forever. There will never be any period of expansion and growth again; consequently “we must all learn to do more with less.” From my perspective this supposedly urgent need to upend the basic assumptions that have governed university life over its centuries-long history — of which the MOOC is but the most salient example — is both a hyper-reaction to temporary vibrations in the economic cycle and an unnecessary surrender to a shock-doctrine rhetoric of permanent crisis. Draconian cutbacks to education are a choice we are making, not an historical inevitability or some unyielding law of nature, and a choice we can yet unmake.

There are public goods, and they are “good” in a more than monetary sense. In a world where privately funded studies in areas ranging from pharmaceuticals to finance to climate science have come into question, autonomous forms of knowledge have value. Higher education—time spent thinking, arguing, writing, and solving problems of one’s own choosing—has value. The university creates forms of autonomy and knowledge that are intrinsically worthwhile, and generates value that is uniquely long-term and hard to quantify.

The current trends toward mass-MOOCification, radical deregulation, and defunding can be tempting to those frustrated by the university’s tradition and pace. But they also promise to decimate one of the last forms of social organization with some autonomy from capital. There is no reason to think that a market monoculture in higher education, driven by the short term values (and concentrated interests) of capital, will do any better than the current system—and plenty of reason to believe it will be far worse.

*Reagan both vowed to “clean up that mess in Berkeley” and broke the back of the air traffic controllers union.


 February 25, 2013 at 1:27 am   Posted in: Education   Print This Post Print This Post

Responses (1)

  1. mls - February 26, 2013 at 12:04 am

    On the list of groups that politicians target for “organized resentment,” teachers and professors are pretty far down. Way below financiers. So I don’t think you have too much to worry about.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Kelli A. Alces
Taunya Lovell Banks
Ryan Calo
Claire Hill
Jay Kesten
William McGeveran
Meredith Render
Aaron Saiger
David L. Schwartz
Olivier Sylvain
Charles K. Whitehead
Aaron Zelinsky


















Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Derek Bambauer
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Khiara Bridges
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Gabriella Coleman
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
andré douglas pond cummings
Allison Danner
Laura DeNardis
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Susan Freiwald
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Vivian E. Hamilton
Meredith Harbach
Michelle Harner
Angela Harris
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Tayyab Mahmud
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Janai Nelson
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
David Opderback
David Orentlicher
Michael O'Shea
Kristen Osenga
Mary-Rose Papandrea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
William Reynolds
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Brishen Rogers
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schleicher
David Schraub
Paul Secunda
Lea Shaver
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Peter Swire
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Joseph Turow
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Elizabeth A. Wilson
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
Privacy and Security Training
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress