I can just see the fat headed law school deans and ass. deans sitting around in their paneled conference rooms wondering what to do about Ethan Haines. If this weird kid weren’t on a flipping hunger strike, they could be talking about how they could cook up schemes to pay themselves big bucks like that clever Karen Rothenberger who got her school to give her an extra $350k just for skipping a sabbatical.
This is just like those stories where the explorers run into a jungle tribe with an absurdly different philosophy. Richard Feynman called this “cargo cult science“, after a tribe on a remote island who misinterpreted a crashed airplane as a gift from the gods. The tribe took one data point, the wealth of goods from the shiny metal bird, and believed that it was a physical law much like gravity. If only they could unlock the science, they could make the shiny birds plummet from the sky every day.
The last 50+ years has been good to the law school deanery. Every fall a new group of fresh faced kids showed up ready to pay big bucks and suffer through Kingsfield-grade criticism in order to unlock the secrets to country club membership and fancy cars. Alas, just like the tribe, they drew false inferences about the physical laws of the universe. The deanery nattered on about useless legal ephemera and the money kept falling from the sky. Quid pro quo. Quo Erat Demonstratum.
Now comes Ethan Haines challenging the elaborate rules that emerged from this cargo cult. Please, he says, just release some real data about your schools. Normally they would just file that away in the circular file. But then the kid goes on a hunger strike of all things. That’s a wacky idea usually embraced by prisoners in Guantanamo or some gulag. In the past, the law school profs loved to celebrate the distant prisoners on hunger strikes. They loved to call them brave and devoted to a cause. But those old hunger strikers were goring someone else’s ox.
The odd thing is that transparency is normally something that university types like to celebrate. When given a choice between abstract transparency and non-transparency, the profs will always choose transparency just as readily as someone from the Navy Seals will choose non-transparency. But again, it’s easy to be for transparency when you’re calling for someone else to air their dirty laundry.
So now the poor deans have to actually think about what to do about Ethan Haines. He’s lasted 8 days and lost 8 pounds. (If he wants, he might write a best selling diet book too!) Eventually someone in the mainstream press is going to catch on and start asking questions about transparency. “Why aren’t you forwarding the data?” those nebbish reporter types might ask.
It’s funny. Mr. Haines says that he’s entitled to the data because he’s part of the legal community. Fair enough. But what about the larger public? The taxpayer supports the legal system in many, many different ways. I think all of us should understand just what we’re getting when we give subsidies to the law schools. Then we can make smarter decisions. In Illinois, one candidate for office, Scott Summers, boldly called for the closure of two of the three public law schools because there are too many lawyers. That’s the kind of smart thinking that Ethan Haines’s fight can bring to all of us. Go Ethan. You shouldn’t need to starve to get data that should be public in any case.