How the Higher Education ‘Industry’ Shapes the Discipline of Law

Authors

  • Margaret Thornton

Abstract

This article argues that a constellation of factors combine to encourage law graduates to pursue a career in corporate law at the expense of alternative destinations. Most notable are the increasingly high tuition fees law students are charged, but the respective roles of government, the admitting authorities, law schools and the profession cannot be discounted. Each change in policy renders resistance more difficult. The proposed higher education changes contained in the 2017 Federal Budget are exemplary. As it is already assumed that law can be offered cheaply while charging high fees, the Budget cuts could induce universities to increase the number of law students as well as the cost of discretionary law degrees, such as the JD. This would not only increase competition for law-related jobs in the labour market, but it would also effect a more vocational orientation to the law curriculum.

References

REFERENCE LIST

A Articles/Books/Reports

Bourne, R W, ‘The Coming Crash in Legal Education: How we got Here, and Where we go Now’ (2011-12) 45 Creighton Law Rev 651

Carrigan, Frank, ‘The law schools of rapidly diminishing returns’, The Australian Financial Review, 9 August 2016, 39

Community Law Australia, Unaffordable and Out of Reach: The Problem of Access to the Australian Legal System: A Report (Community Law Australia, 2012)

Cooper, Donna M, Sheryl Jackson, Rosalind Mason and Mary Toohey, ‘The Emergence of the JD in the Australian Legal Education Marketplace and its Impact on Academic Standards’ (2011) 21 Legal Education Review 23

Dawkins, Hon John S, Higher Education: A Policy Statement (White Paper) (Australian Government Publishing Service, 1988)

Friedman, Milton with the assistance of Rose D Friedman, Capitalism & Freedom (University of Chicago Press, 1962)

Graduate Careers Australia, Careers for Law Graduates (Graduate Careers Australia, 2008) (online)

Henderson, William D, ‘From Big Law to Lean Law’ (2014) 38 International Review of Law and Economics 5

James, Nickolas J, ‘More than Merely Work-ready: Vocationalism Versus Professionalism in Legal Education’ (2017) 40(1) University of New South Wales Law Journal 186

Kemp, Hon Dr David and Andrew Norton, Review of the Demand Driven Funding System (Department of Education, Australian Government, 2014)

Keyes, Mary and Richard Johnstone, ‘Changing Legal Education: Rhetoric, Reality and Prospects for the Future’ (2004) 26(4) Sydney Law Review 537

Law Council of Australia, National Attrition and Re-engagement Study (NARS) Report (Law Council of Australia, 2014)

Le Brun, Marlene and Richard Johnstone, The Quiet (R)evolution: Improving Student Learning in Law (Law Book, 1994)

Krook, Joshua, ‘The Role of the Corporate Mega-firm’ (2016) 4(2) Griffith Journal of Law & Human Dignity 65

Law Admission Consultative Committee, Accreditation Standards for Australian Law Courses (LACC, 2017)

Mahlab Report 2016: Private Practice (Mahlab Recruitment Pty Ltd, 2016)

Newman, John Henry, The Idea of a University, ed with introduction and notes by I T Ker (Clarendon, [1852] 1976)

Productivity Commission (Australian Government), Access to Justice Arrangements: Productivity Commission Inquiry Report (Productivity Commission, 2014)

Purcell, Mark, Recapturing Democracy: Neoliberalization and the Struggle for Alternative Urban Futures (Routledge, 2008)

Tamanaha, Brian, Failing Law Schools (Chicago University Press, 2012)

Thornton, Margaret, Privatising the Public University: The Case of Law (Routledge, 2012)

Thornton, Margaret and Lucinda Shannon, ‘”Selling the Dream”: Law School Branding and the Illusion of Choice’ (2013) 23(2) Legal Education Review 249

Urbis for the Law Society of NSW, 2014 Law Society National Profile: Final Report (Urbis and NSW Law Society, 2015)

Watts, Rob, Public Universities, Managerialism and the Value of Higher Education (Palgrave Macmillan, 2017)

B Other

Australian Government, ‘Budget Overview’, Budget 2017-18 (online)

Craven, Greg, ‘End nears for sector as we know it’, The Australian, 31 May, 33

Dawkins, Peter, ‘Cuts threaten reforms aimed at surplus’, The Australian, 7 June 2017, 32

[Front covers] (2015) 22(2) NTEU Advocate; (2015) 22(3) NTEU Advocate; (2016) 23(2) NTEU Advocate

Graduate Careers Australia, Careers for Law Graduates, Graduate Careers Australia (online), 2008 <http://www.graduatecareers.com.au/wp-content/uploads/2011/12/careers_for_law_graduates.pdf>

Hare, Julie, ‘Enabling Programs Crucial to Equity’, The Australian, 5 July 2017, 27

Hare, Julie, ‘Students Set to Pay More for Less: Go8’, The Australian, 14 June 2017, 30

Hare, Julie, ‘Cuts “Hurt Strugglers, Punish the Profitable”’, The Australian, 10 May 2017, 30

Lodewyke, Tom, ‘Why Law is ‘Leading the Charge’ with Technology’, Lawyers Weekly I (online), 7 July 2017 <https://www.lawyersweekly.com.au/newlaw/21438-why-law-is-leading-the-charge-with-technology>

Sloan, Karen, ‘Number of Students Enrolling in Law School Basically Flat’, The National Law Journal (online), 15 December 2016 <http://www.nationallawjournal.com/id=1202774844249/Number-of-Students-Enrolling-in-Law-School-Basically-Flat>

Tadros, Edmund and Katie Walsh, ‘Too many law graduates and not enough jobs’, Australian Financial Review (online), 22 October 2015 <http://www.afr.com/business/legal/too-many-law-graduates-and-not-enough-jobs-20151020-gkdbyx>

Universities Australia, ‘Media Release’ (online), 3 February 2017 <https://www.universitiesaustralia.edu.au/Media-and-Events/media-releases/Australia-s-education-exports-at-record-high#.WWLUWmdLcY1>

Watson, Louise, Bruce Chapman, Gwilym Croucher and Kira Clarke, ‘Federal Budget 2017: What’s changing in Education?’, The Conversation (online) 9 May 2017 <http://theconversation.com/federal-budget-2017-whats-changing-in-education-77177>

Downloads

Published

01.01.2018

Issue

Section

Articles