The ABA’s House of Delegates this week approved a resolution urging law schools to give either academic credit or monetary compensation to their students who serve as editors of law reviews or other academic journals. This is right in line with the logic that has college football and basketball plantations paying their student athletes, who already are getting scholarships and often diplomas they couldn’t justify based on their academic skills. Paying or otherwise compensating students who serve as law journal editors is just as reasonable, which is to say that it isn’t reasonable at all. In fact, the proposed practice, which some law schools already embrace, is unethical.
Reuters, in its news article about the ABA’s most recent intrusion into matters they ought to steer clear of, inadvertently explains why this concept is wrong-headed. It notes that these positions are “sought-after credentials that can bolster a law student’s job prospects.” Exactly, which means that students would gladly pay the law schools to get them. Being appointed as a law journal editor is its own reward: why should the recipients be paid for it too? Indeed, if the ABA’s reasoning applies, why only the editors? The other members of the law journals staffs are also providing valuable services to the school, its alumni, and the legal profession. They should be paid as well, or, to put it another way, none of the law journal staff should be paid, including the editors, just as student athletes shouldn’t be paid.
Ethics Alarms 