Faculty Blogs and Influence: The Impact on US News (Part 6)

We have been discussing the growing influence of law faculty blogs, a topic examined in my paper, Of Empires, Independents, and Captives : Law Blogging, Law Scholarship, and Law School Rankings. We have already examined the growing number of blog citations in law review articles and in court opinions and the impact on SSRN downloads.  We end our discussion with an examination of the link between blogging and US News rankings.   

Law school rankings are, for better or for worse, an unavoidable fact of life, with US News the mother of all rankings. Approximately 40% of the US News rankings are based on a law school’s reputation, with most of that coming from peer assessment. Each year, four people (the dean, associate dean, chair of appointments and the most recently tenured faculty member) at each law school are asked to rank something around 190 law schools. As has long been recognized, those filling out the forms likely know very little about most of the law schools in the array.

For schools outside the top tier (and even some within it), improving reputational rankings will not flow from increased scholarly output (although scholarly output may be necessary to retain any increase in reputational ranking).  This is for a number of reasons.  First, the method is excruciatingly slow, assuming it works at all.  Assuming it occurs in any objective or meaningful way, it will take a long time, if ever, for the four faculty at the 190 law schools who fill out the form to become aware of the development.  Second, scholars move. Those that succeed in the scholarly publishing realm may make a lateral move, eliminating most if not all of the benefit to the original institution.  Third, it is a very difficult mission, given the biases in both SSRN and law review placement in favor of top schools.

What, therefore, can a school do to move up its rankings?  The question has many answers but blogging is one of them.  Blogs permit the advertising of ideas and expertise, getting the word out so to speak.  Particularly for law schools outside the top tier, they enable faculty to “route around” some of the biases built into the law review selection process and system of SSRN downloads. They are also a way to draw attention to a law school. Finally, blogs are cost effective, sidestepping the often severe problem of resources that can separate highly ranked law schools from those further down in the food chain.

There is the potential for disproportionate benefits from early adopters. Blogging has not yet been targeted by the very top schools. Indeed, many continue to treat the medium with disdain. As a result, opportunities currently exit for early adopters, particularly from lower ranked schools.

How can blogging benefit these schools? They can enhance the reputation of the sponsoring faculty member. Blogs can result in increased media presence.  Particularly with the plethora of online journals and periodicals, a blog can lead to media inquiries, increasing the profile of the faculty member and his or her law school. While the references may or may not impress academia, they may well influence practicing attorneys and judges, some of whom may fill out the US News survey, alumni and prospective students.  With prospective students increasingly obtaining information online, blogs will reach many in this audience as well, particularly if attracted by the substantive area of the blog.  

Blogging will mostly benefit the sponsoring faculty member, providing a degree of notoriety otherwise unobtainable.  But it also provides information about a law school, improving the institution's notoriety and name recognition.  And, in a resource driven environment, law blogs are not particularly expensive to operate.  Blogging can, therefore, help with the rankings.  The conclusion is speculative although tinged with common sense. 

Nonetheless, there is a test case underway.  With Jim Chen having moved to the University of Louisville, he continues to maintain a high profile on Jurisdynamics.  At the same time, however, he has started a law school blog,The Cardinal Lawyer, where he writes as dean, and a law faculty blog, where faculty contribute.  The Jurisdynamics network has also become a forum for information about developments at Louisville.  See the announcement of the law faculty blog on MoneyLaw.  It is clear, therefore, that he is seeking to infuse a blogging culture at the law school and is using the Internet to promote the institution and the faculty.  We shall see if Louisville moves up in the rankings.  Of course, those that wait for the end of the experiment may already find themselves behind the curve on this new medium.