Law schools are part of the problem—but they can (and should) be part of the solution.

Aliza Shatzman:

Law schools report employment data each year to the American Bar Association (ABA) as a condition of their accreditation, as well as to the National Association for Law Placement (NALP). Troublingly, law schools are not required to collect and report any data about the outcomes of many of their graduates prestigious first jobs as judicial law clerks. After law schools receive reports from law clerk alumni about their negative clerkship experiences, institutions are not required to report this data anywhere.

Institutional structures within the legal community discourage law schools from collecting and reporting data about negative clerkship experiences for several reasons. First, no law school wants to appear to publicly antagonize judges, because law schools are incentivized to maintain positive relationships with the judiciary. Second, some law schools would like to remain ignorant of the scope of the problem. Finally, many law schools intend to continue funneling students into clerkships with notoriously misbehaving judges because the clerkships are so prestigious: collecting and reporting data on judicial misconduct could undermine these efforts.