In a speech at William and Mary Law School last weekend Justice Antonin Scalia rejected the idea of a two-year course of legal education and assailed at least some law professors as overpaid teachers of irrelevant material. He is wrong about the two-year path, but half right about some professors.
Scalia’s rejection of the two-year proposal is rooted in his view that three years are necessary to create “a legal professional,” but he provides no evidence for this claim. He does not consider the history of the requirement, which suggests that a three-year law course arose as a method of shielding incumbents from competition, particularly from immigrant families who would have difficulty affording lengthy legal education. Economists are generally wary of process requirements—like a three-year requirement for a law degree—as opposed to a performance requirement—passing the bar exam. The former tends to create a barrier to entry with no clear relation to improved output.
Scalia also does not take into account that law is a very variegated profession and that legal education should reflect this variety.