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  5. Saul Smilansky's avatar

There is no “caste” system in American law schools

I am in favor of increasing job security for all workers, including those in law schools, but it is beyond absurd to describe job security as a response to a "caste" system problem, for reasons I've explained before:

[T]o refer to the existence of different jobs and positions, with different qualifications and expectations, as a "caste" system is just a rhetorical trick, harnessing the pejorative connotation of "caste" to raise doubts about a system of differing qualifications, expectations and authority. Is it a "caste" system that in a hospital the doctors have different professional status, differential educational and professional attainments, and different responsibilities and authority than nurse's aides? Is it a "caste" system that PhDs in chemistry with tenure have different responsibilities and authority than the post-docs or research technicians in their labs? Unlike real caste systems, a change in status is possible with a change in education, experience, and accomplishments. The only real question is whether the differing qualifications, responsibilities and authority are justified, not whether they are a "caste.

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