The Shift from Faculty Governance to Bureaucratic Control in Universities

How has the landscape of legal education shifted, and what ramifications has that already started having? How do politics factor into judicial appointments more than ever before, and how did we get to this point?

Ilya L. Shapiro is a senior fellow and the director of Constitutional Studies at the Manhattan Institute. He’s also the author of several books, including Lawless: The Miseducation of America's Elites and Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court Cato Supreme Court Review.

Greg and Ilya explore issues related to Supreme Court nominations, cancel culture, and the impact of bias in legal education. Their conversation also addresses the longstanding politicization of judicial appointments, challenges within legal academia such as DEI and student activism, and the broader implications for law and society. Ilya also shares potential reforms for improving the legal profession and education system.

*unSILOed Podcast is produced by University FM.*

Episode Quotes:

When the law becomes just another form of activism

35:49: Another failure of our systems of legal education or of the culture of the legal profession. Young lawyers seeing themselves as the law or their legal tools as just another part of activism, rather than as a profession. Or law schools not teaching lawyers the same way. The way to be a good lawyer is to be able to understand and see all sides of a given argument or issue or dispute. That is how you can best advocate your own sides, your own client's position. Well, if half of that 360 degrees is illegitimate, or you cannot even discuss beyond the pale, outside the Overton window, as they say, then you are going to be a much less effective lawyer. And yes, I think the legal profession has suffered, in general, its credibility, its reputation.

What universities were meant to be

43:19: It is the purpose of universities to develop, to have free inquiry, to have civil debate, to confront new ideas. And if universities have not been doing that for a whole host of reasons, then I think that is a level of criticism—something that they should be held to account for.

On judges and legal objectivity

04:36: You would hope that law and policy are different things, because there is a reason why we separate out the judicial power, and that reason is for it to be a counter-majoritarian check. You do not need judges to buttress popular opinions. You need judges to protect against abuses of power by elected officials. You need judges to protect individual rights against mob rule. And so, it cannot be the case that what is right on the law is always going to be what the majority of policy views. 

When fear shapes the future of the legal profession

30:27: Most students just want to get their degree, get their credential, get a job, have some fun while they are at it, and that is about it. They are not politically motivated or philosophically motivated. They are just there because—especially when we are talking about law schools, rather, or some other professional school as opposed to college—they are there because this is the next step on their career trajectory, and they are just trying to keep their head down so as not to be caught in the cancellation crossfire. And it is fear, and this is how I counsel students, is that you do not have to be a martyr. You do not have to stand up and be an individual, objecting to every injustice you face.

Show Links:

Recommended Resources:

• Ketanji Brown Jackson
• Burwell v. Hobby Lobby Stores, Inc.
• Robert Bork
• Theodore Roosevelt
• James Madison
• Alexander Hamilton
• John Jay
• Mancur Olson
• William Treanor
• The Paper Chase
• Lewis F. Powell Jr.
• John Paul Stevens

Guest Profile:

• Faculty Profile at The Manhattan Institute
• Profile at the CATO Institute
• Profile for Burke Law Group
• LinkedIn Profile
• Social Profile on X

Guest Work:

• Substack - Shapiro’s Gavel
• Amazon Author Page
• Lawless: The Miseducation of America's Elites
• Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court
• Cato Supreme Court Review
• Religious Liberties for Corporations?: Hobby Lobby, the Affordable Care Act, and the Constitution
• Amicus Brief -- Alvarez v. Smith