When I wrote my most recent post in this series, I thought its subjects—“what [law-graduate] employment and earnings data ought generally to be presented, and whether the way such data are generally understood makes their presentation subject to misinterpretation”—were settled, and peripheral to the broader topic of the series. (Those keeping score at home will recall that the broader topic of the series is the importance and limitations of Mike Simkovic’s and Frank McIntyre’s recent scholarship on the value and purpose of legal education. The first post is here; the second and more recent one is here.) Unfortunately and surprisingly, my previous post has proved much more contentious than I anticipated, spawning dozens of Comments here and at least two posts on other blogs (Mike Simkovic on the Leiter blog here, and Brian Galle on Prawfsblawg here).
As is so often the case, the contention seems to spring from a few basic but important confusions. Actual common ground having proved too scarce to hope for, in the interest of mutual comprehension I attempt here to untangle the skeins that the combatants seem to be throwing past one another. I hope to clarify where and how we disagree, and why I hold the views I do. If you agree with me, that’s nice too. If you disagree, I invite you to explain clearly how and why.
Advance warning: This post is a bit longer than usual (around 2,800 words). The public discourse on these issues is so mixed up that it takes some doing to untangle it. I beg your indulgence, and thank those who make it to the end for their dedication and patience. The heavy lifting begins after the jump.