61 Questions For A Professional Academe With No Accreditation

A skulk of attorneys is drinking late into the night when one announces, “We should open a practice to teach law. The law schools are shit.”

“Says you. I went to Harvard.”

“And yet we work at the same firm, drink the same liquor and kiss the same ass. We both know some of my professors were at least as good as some of yours, with an equal share of faculty shitheads. Anyway, we all know you were a pretty lousy student.”

 ...

If in the morning this band of drinking buddies still want to teach law as it should be taught, then there are only two versions of the one way to gainfully and legally doing so: 1) Get jobs at the same school and negotiate with the institutional employer’s board, administration, faculty, student body and the rest to effect change in curriculum, standards, pedagogy, materials, and the rest; or 2) Open their own law school and dictate their distilled vision for legal education.

Institutional employment is the only way for licensed, experienced, civic-minded attorneys to contribute as academics to recognized higher education credentials in the study of law. Not only does the inheritance direct the study of law for credit into the confines of employers and enrollers like a law school, but the study, the learning, the education must comply with laws, rules, standards and guidelines that are enforceable by legal and other penalties set against (visionary) noncompliance. As an example of this control, the State Bar of California is legislatively empowered to create and enforce laws, rules, standards and guidelines for not only the practice of law but also the practice of (legal) higher education by qualified individuals (employed by institutions).

What could go wrong, with this oversight that every higher education system needs? Unfortunately, we’ve lived the answer to that question for centuries now, in the grace and grip of higher education institutions. Only we don't know but should know what could go wrong in PSA where attorneys open their own solo or partnership academic practices offering education in law that helps qualify students for graduation with a JD or LLB from the Professional Society of Academics.

PSA is a universitas, but not a university, college or school of the inheritance.

Institutions Are Essential, But Not for Higher Education (Part 2)

In the first post of this two-parter the Professional Society of Academics (PSA) apparatus for gatekeeping and oversight was compared to that found in the institutions of our inheritance. The tradition of institutional employment and enrollment is not required or recommended in the facilitation of academic service and stewardship to higher education. At the same time, universities and colleges are positioned as the sole legal means by which individuals can earn and learn in higher education.

How’s that for open pursuit and propagation of knowledge? How’s that for the right to earn a living or the right to free higher education? How’s that for academic stewardship of a social pillar? How’s that for freedom of speech and expression in the academe?

No one knows.

Universities and colleges are part of the problem and solutions meant to improve them are footnotes to facilitation failure, mends for mangled mechanics, band-aids like tenure, shared governance and academic freedom. Oxford, Stanford, Rutherford, and other ‘fords of the academe are examples of an institutional inheritance that I disclaim, and offer in its stead, a model that boasts better elegance, economics, and emancipation than does a heritage of monopolistic employers and enrollers that organizations like the American Association of University Professors struggle generation after generation to tape up and put back on the field.

An Academe of Ignorant Hypocrites

The American Association of University Professors (@AAUP) has blocked me from communicating with them on X. Over a decade ago, Dr Sara Goldrick-Rabb, formerly of Temple University, did the same on Twitter when I challenged her plan for two years of free college during the Obama administration. She blocked me, but not before making derogatory comments from her publicly paid faculty position.

To my knowledge, the AAUP hasn’t roasted me, though, like Sara, people there certainly have the right to, notwithstanding explicit or implicit professional codes of conduct and ethics that require restraint. For the record, this is some of what I think about some of the work done and not done by the AAUP in the name of higher education – not the institutions of higher education but the social good we depend upon for earning and learning.

The AAUP champions freedom of speech and so-called academic freedom, with its recipe for protecting and promoting individual and institutional (higher education) rights and freedoms in iterations of increasing complexity that these days include, the freedom and neutrality of institutions, shared governance, tenure, disclosure, divestment; and can include whatever else might come under the  assumption of earning and learning exclusively in institutions of higher education.

Institutions Are Essential, But Not for Higher Education (Part 1)

Just about a year ago, the People’s College of Law closed. Just over twelve years ago, I came across this unique institution and used it to argue that PSA belongs in the social economy. Just over fifty years ago, this Los Angeles-based, fix-facility, degree-granting, unaccredited, nonprofit institution offered its first law courses, using faculty, a dean and an administrator-registrar, all of whom worked as volunteers until a few years ago when the two staff positions became full-time salaried employment. The school offered a JD degree backed by the authority of State Bar of California (SBC) accreditation and degree-granting status and American Bar Association (ABA) curriculum, with a concentration in activist law that prepared students to write the bar, practice law, go into politics, business, or, dare I say it, use the education qualification and professional licensure to earn from a joint academic-attorney practice made possible by a service and stewardship model like PSA.

[https://www.calbar.ca.gov/About-Us/News/News-Releases/committee-of-bar-examiners-withdraws-registration-of-peoples-college-of-law-due-to-noncompliance]

Using my old contract law instructor as an example, I recently posted about the personal intersection of academic and attorney, faculty employee and independent practitioner, the member of a union and the member of a profession. In this post, the People’s College of Law (PCL) is used to explore intersections at the institutional level, and how with a professional service and stewardship model like PSA, the law school could be thriving, not archiving, gainful, not charitable, boutique, not unique.

Professionals for Hire, But Not for Higher Education

Once I thought I had the fortitude to study and practice law, so I enrolled in a contracts course. The course was fine but I don’t have what it takes to be an attorney. I know this because I was married to one. We were together when she applied to law school, was called to the bar, and then practiced as an associate for a law firm. Where earning a living is concerned, I know the practice of law and the practice of higher education.

The course instructor was an attorney with a solo practice of mixed civil law. Such professor-professional hybrids exist in other fields of post-secondary education such as medicine, accounting, and business. This is an intersection of institutional faculty employee and independent professional practitioner, in one life, in one person, but two models. The clarity this juxtaposition offers is useful in addressing the challenges, crises and absurdities of the higher education institution model that we have inherited.