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Law School Escaped Great Recession from Numbersense by Kaiser Fung
NUMBER
SENSEHOW TO USE BIG DATA
TO YOUR ADVANTAGE
K AISER FUNG
New York Chicago San Francisco Athens London Madrid Mexico City
Milan New Delhi Singapore Sydney Toronto
Contents
Acknowledgments vii
List of Figures ix
Prologue 1
PART 1 SOCIAL DATA 17
1 Why Do Law School Deans
Send Each Other Junk Mail? 19
2 Can a New Statistic Make Us
Less Fat? 54
PART 2 MARKETING DATA 75
3 How Can Sellouts
Ruin a Business? 77
4 Will Personalizing Deals
Save Groupon? 95
5 Why Do Marketers
Send You Mixed Messages? 112
vi CONTENTS
PART 3 ECONOMIC DATA 127
6 Are They New Jobs
If No One Can Apply? 129
7 How Much Did You Pay
for the Eggs? 153
PART 4 SPORTING DATA 173
8 Are You a Better Coach
or Manager? 175
EPILOGUE 201
References 211
Index 219
PART 1
SOCIAL DATA
Excerpt from
44 NUMBERSENSE
7. Law Schools Escaped the Recession
In May 2010, Paul Caron, a law professor at the University
of Cincinnati, posted a startling chart on his TaxProf Blog,
showing a steep upward line from 35 percent to almost 75
percent between the years 2002 and 2011. As the U.S. econ-
omy tanked, evidently more and more law schools no lon-
ger knew what their students were doing immediately after
graduation. By 2011, three out of four law schools failed to
submit this data to U.S. News. They therefore acquiesced to
the magazine’s mysterious, but publicly announced, formula
to fill in the blanks: Employment rate at graduation is taken to
SOCIAL DATA 45
be roughly 30 percent lower than the employment rate 90 days
after graduation, a number that almost all schools continue
to supply, perhaps because it is an American Bar Associa-
tion (ABA) requirement. Of the 200-odd accredited schools
ranked by U.S. News, Caron found only 16 schools to have
self-reported employment rates at graduation that were 30
percent or more below the rates after 90 days. Several of these
schools could have gained appreciably in the rankings if they
had just withheld the data. Every one of the honest 16 was
ranked Top 80 or below, with the majority in Tier 3 (100–150
out of 200). No school in the top half of the table gave U.S.
News an employment rate lower than what the editors would
have imputed. Incredibly, the U.S. News editors responded
to Caron’s discussion by announcing they would henceforth
change the method of imputation and withhold the revised
formula from the public. Hiding information will not stop
enterprising law school deans from reverse-engineering the
formula; nor would it deter manipulation.
Astute readers of Caron’s blog noticed that those 16
schools, mostly ranked outside the Top 100, claimed that 89 to
97 percent of their students found jobs within 90 days of grad-
uation. Indeed, U.S. News told its readers over 90 percent of
graduates found jobs within nine months in four out of ten law
schools that are good enough to be ranked by the magazine in
2011. At nine schools, 97 percent or more found work. Univer-
sity of Southern California (U.S. News rank #18) reported, with
a straight face, an employment rate at nine months of 99.3 per-
cent, putting the top programs like Yale, Harvard, and Stanford
to shame. Imagine you were the only one in the 200-strong
Class of 2009 to remain jobless! Against these statistics, two
Emory law professors evoked a reality that few people in the
trenches could deny: “Since 2008, the legal profession has been
mired in the worst employment recession—many would argue
it is a depression—in at least a generation.”
In April 2012, ABA released details of employment
for newly-minted J.D.s. For the first time ever, accredited
46 NUMBERSENSE
schools broke down the jobs into categories, such as tem-
porary or permanent positions, and whether the positions
are funded by the schools themselves. ABA revamped the
reporting guidelines under pressure from critics who guffaw
at the dreamy employment rates that are turned in by law
schools year after year, and gobbled up by U.S. News editors
unsalted. The ABA data dump, assuming it could be trusted,
revealed that only 55 percent of the so-called employed have
full-time, long-term jobs requiring a J.D. The majority of
the accredited law schools performed even worse than that
level. Many of the jobs, especially those counted by lower-
tier schools, do not pay enough to cover the student loans.
Besides, a quarter of the schools created jobs for 5 percent
or more of their graduating classes. Higher-ranked schools
tended to be more eager job makers: Yale University (U.S.
News rank #1), University of Chicago (U.S. News rank #5),
New York University (U.S. News rank #6), University of Vir-
ginia (U.S. News rank #7), Georgetown University (U.S. News
rank #13), and Cornell University (U.S. News rank #14) all
featured in the top 10 percent, hiring between 11 and 23 per-
cent of their own graduates. Since 2010, Southern Methodist
University (SMU) Dedman School of Law (U.S. News rank
#48) has paid law firms to hire its graduates for a “test drive,”
basically two-month-long positions. About 20 percent of the
class participates in this program. SMU considers these jobs
funded by employers, even though they pay nothing out of
pocket.
Beyond such inconceivable employment rates, the law
schools delivered another remarkable feat by supplying place-
ment data for 96 percent of all graduates. That rate of re-
sponse is unheard of in any kind of surveys. Writing for the
Inside the Law School Scam blog, Paul Campos, a law profes-
sor at the University of Colorado, Boulder, found that one
in ten of those with missing data came from a single school,
Thomas M. Cooley Law School (U.S. News Tier 4). Cooley’s
website sheds light on how the ABA allows law schools to
SOCIAL DATA 47
invent job statistics. Every graduate is presumed to have
full-time, long-term employment unless contradicted by evi-
dence. Richard Matasar, Dean of New York Law School, once
wrote about several “legendary” . . . “tricks of the trade” in
the ratings game. One tactic involves “calling graduates, and
leaving them messages that if they do not call back, you will
assume that they are employed.” We also learn from Cooley’s
disclosure that someone working for a legal temp agency is
considered to be employed full-time and long-term.
In May 2012, Hastings College of the Law (U.S. News
rank #44), a part of the University of California system, de-
clared a plan to cut enrollment by 20 percent over a three-
year period. Dean Frank Wu explained some of the benefits of
this austere measure: “As a smaller school, we will have better
metrics. Students will have a better experience, and obviously
there will be better employment outcomes.” A rise up the
ranking table is an expected result. In response to suspicion
in some quarters, the Dean issued the following statement:
UC Hastings takes rankings seriously and intends to do
everything we can to improve ours, and we’ve shown
our ability to analyze the statistics and then take ac-
tion; however, we will do only what is academically
beneficial and ethical.
Within months of Hastings’s announcement, George Wash-
ington University also said it would reduce the class size of
its law school (U.S. News rank #20). Others will no doubt
follow suit.
Copyright © 2013 by Kaiser Fung. All rights reserved. Except as permitted under the United
States Copyright Act of 1976, no part of this publication may be reproduced or distributed in
any form or by any means, or stored in a database or retrieval system, without the prior written
permission of the publisher.
ISBN: 978-0-07-179967-6
MHID: 0-07-179967-2
The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-179966-9,
MHID: 0-07-179966-4.
All trademarks are trademarks of their respective owners. Rather than put a trademark symbol
after every occurrence of a trademarked name, we use names in an editorial fashion only, and to
the benefit of the trademark owner, with no intention of infringement of the trademark. Where
such designations appear in this book, they have been printed with initial caps.
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—From a Declaration of Principles Jointly Adopted by a Committee of the
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Law School Escaped Great Recession from Numbersense by Kaiser Fung

  • 2. NUMBER SENSEHOW TO USE BIG DATA TO YOUR ADVANTAGE K AISER FUNG New York Chicago San Francisco Athens London Madrid Mexico City Milan New Delhi Singapore Sydney Toronto
  • 3. Contents Acknowledgments vii List of Figures ix Prologue 1 PART 1 SOCIAL DATA 17 1 Why Do Law School Deans Send Each Other Junk Mail? 19 2 Can a New Statistic Make Us Less Fat? 54 PART 2 MARKETING DATA 75 3 How Can Sellouts Ruin a Business? 77 4 Will Personalizing Deals Save Groupon? 95 5 Why Do Marketers Send You Mixed Messages? 112
  • 4. vi CONTENTS PART 3 ECONOMIC DATA 127 6 Are They New Jobs If No One Can Apply? 129 7 How Much Did You Pay for the Eggs? 153 PART 4 SPORTING DATA 173 8 Are You a Better Coach or Manager? 175 EPILOGUE 201 References 211 Index 219
  • 6. 44 NUMBERSENSE 7. Law Schools Escaped the Recession In May 2010, Paul Caron, a law professor at the University of Cincinnati, posted a startling chart on his TaxProf Blog, showing a steep upward line from 35 percent to almost 75 percent between the years 2002 and 2011. As the U.S. econ- omy tanked, evidently more and more law schools no lon- ger knew what their students were doing immediately after graduation. By 2011, three out of four law schools failed to submit this data to U.S. News. They therefore acquiesced to the magazine’s mysterious, but publicly announced, formula to fill in the blanks: Employment rate at graduation is taken to
  • 7. SOCIAL DATA 45 be roughly 30 percent lower than the employment rate 90 days after graduation, a number that almost all schools continue to supply, perhaps because it is an American Bar Associa- tion (ABA) requirement. Of the 200-odd accredited schools ranked by U.S. News, Caron found only 16 schools to have self-reported employment rates at graduation that were 30 percent or more below the rates after 90 days. Several of these schools could have gained appreciably in the rankings if they had just withheld the data. Every one of the honest 16 was ranked Top 80 or below, with the majority in Tier 3 (100–150 out of 200). No school in the top half of the table gave U.S. News an employment rate lower than what the editors would have imputed. Incredibly, the U.S. News editors responded to Caron’s discussion by announcing they would henceforth change the method of imputation and withhold the revised formula from the public. Hiding information will not stop enterprising law school deans from reverse-engineering the formula; nor would it deter manipulation. Astute readers of Caron’s blog noticed that those 16 schools, mostly ranked outside the Top 100, claimed that 89 to 97 percent of their students found jobs within 90 days of grad- uation. Indeed, U.S. News told its readers over 90 percent of graduates found jobs within nine months in four out of ten law schools that are good enough to be ranked by the magazine in 2011. At nine schools, 97 percent or more found work. Univer- sity of Southern California (U.S. News rank #18) reported, with a straight face, an employment rate at nine months of 99.3 per- cent, putting the top programs like Yale, Harvard, and Stanford to shame. Imagine you were the only one in the 200-strong Class of 2009 to remain jobless! Against these statistics, two Emory law professors evoked a reality that few people in the trenches could deny: “Since 2008, the legal profession has been mired in the worst employment recession—many would argue it is a depression—in at least a generation.” In April 2012, ABA released details of employment for newly-minted J.D.s. For the first time ever, accredited
  • 8. 46 NUMBERSENSE schools broke down the jobs into categories, such as tem- porary or permanent positions, and whether the positions are funded by the schools themselves. ABA revamped the reporting guidelines under pressure from critics who guffaw at the dreamy employment rates that are turned in by law schools year after year, and gobbled up by U.S. News editors unsalted. The ABA data dump, assuming it could be trusted, revealed that only 55 percent of the so-called employed have full-time, long-term jobs requiring a J.D. The majority of the accredited law schools performed even worse than that level. Many of the jobs, especially those counted by lower- tier schools, do not pay enough to cover the student loans. Besides, a quarter of the schools created jobs for 5 percent or more of their graduating classes. Higher-ranked schools tended to be more eager job makers: Yale University (U.S. News rank #1), University of Chicago (U.S. News rank #5), New York University (U.S. News rank #6), University of Vir- ginia (U.S. News rank #7), Georgetown University (U.S. News rank #13), and Cornell University (U.S. News rank #14) all featured in the top 10 percent, hiring between 11 and 23 per- cent of their own graduates. Since 2010, Southern Methodist University (SMU) Dedman School of Law (U.S. News rank #48) has paid law firms to hire its graduates for a “test drive,” basically two-month-long positions. About 20 percent of the class participates in this program. SMU considers these jobs funded by employers, even though they pay nothing out of pocket. Beyond such inconceivable employment rates, the law schools delivered another remarkable feat by supplying place- ment data for 96 percent of all graduates. That rate of re- sponse is unheard of in any kind of surveys. Writing for the Inside the Law School Scam blog, Paul Campos, a law profes- sor at the University of Colorado, Boulder, found that one in ten of those with missing data came from a single school, Thomas M. Cooley Law School (U.S. News Tier 4). Cooley’s website sheds light on how the ABA allows law schools to
  • 9. SOCIAL DATA 47 invent job statistics. Every graduate is presumed to have full-time, long-term employment unless contradicted by evi- dence. Richard Matasar, Dean of New York Law School, once wrote about several “legendary” . . . “tricks of the trade” in the ratings game. One tactic involves “calling graduates, and leaving them messages that if they do not call back, you will assume that they are employed.” We also learn from Cooley’s disclosure that someone working for a legal temp agency is considered to be employed full-time and long-term. In May 2012, Hastings College of the Law (U.S. News rank #44), a part of the University of California system, de- clared a plan to cut enrollment by 20 percent over a three- year period. Dean Frank Wu explained some of the benefits of this austere measure: “As a smaller school, we will have better metrics. Students will have a better experience, and obviously there will be better employment outcomes.” A rise up the ranking table is an expected result. In response to suspicion in some quarters, the Dean issued the following statement: UC Hastings takes rankings seriously and intends to do everything we can to improve ours, and we’ve shown our ability to analyze the statistics and then take ac- tion; however, we will do only what is academically beneficial and ethical. Within months of Hastings’s announcement, George Wash- ington University also said it would reduce the class size of its law school (U.S. News rank #20). Others will no doubt follow suit.
  • 10. Copyright © 2013 by Kaiser Fung. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. ISBN: 978-0-07-179967-6 MHID: 0-07-179967-2 The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-179966-9, MHID: 0-07-179966-4. All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill Education eBooks are available at special quantity discounts to use as premiums and sales promotions or for use in corporate training programs. To contact a representative, please visit the Contact Us page at www.mhprofessional.com. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that neither the author nor the publisher is engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. —From a Declaration of Principles Jointly Adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations TERMS OF USE This is a copyrighted work and McGraw-Hill Education and its licensors reserve all rights in and to the work. Use of this work is subject to these terms. Except as permitted under the Copyright Act of 1976 and the right to store and retrieve one copy of the work, you may not decompile, disassemble, reverse engineer, reproduce, modify, create derivative works based upon, transmit, distribute, disseminate, sell, publish or sublicense the work or any part of it without McGraw-Hill Education’s prior consent. You may use the work for your own noncommercial and personal use; any other use of the work is strictly prohibited. Your right to use the work may be terminated if you fail to comply with these terms. THE WORK IS PROVIDED “AS IS.” McGRAW-HILL EDUCATION AND ITS LICENSORS MAKE NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM USINGTHEWORK, INCLUDINGANYINFORMATIONTHATCAN BEACCESSED THROUGHTHEWORKVIAHYPERLINKOROTHERWISE,ANDEXPRESSLYDISCLAIM ANYWARRANTY,EXPRESSORIMPLIED,INCLUDINGBUTNOTLIMITEDTOIMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. McGraw-Hill Education and its licensors do not warrant or guarantee that the functions contained in the work will meet your requirements or that its operation will be uninterrupted or error free. Neither McGraw-Hill Education nor its licensors shall be liable to you or anyone else for any inaccuracy, error or omission, regardless of cause, in the work or for any damages resulting therefrom. McGraw-Hill Education has no responsibility for the contentofanyinformationaccessedthroughthework.UndernocircumstancesshallMcGraw-Hill Education and/or its licensors be liable for any indirect, incidental, special, punitive, consequential or similar damages that result from the use of or inability to use the work, even if any of them has been advised of the possibility of such damages. This limitation of liability shall apply to any claim or cause whatsoever whether such claim or cause arises in contract, tort or otherwise.