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Tuesday, February 25, 2025

U.S. Law Schools: Perpetuating Inequality and Injustice, Serving the Billionaire Class

As the nation grapples with profound social and economic inequities, U.S. law schools have become a critical yet overlooked institution in perpetuating these disparities. From shaping the legal minds that go on to influence policy to training future attorneys who occupy the nation's corridors of power, law schools are playing an outsized role in entrenching systems of privilege, rather than dismantling them.

One of the most glaring manifestations of this failure is the Trump-era Supreme Court, whose composition has shifted dramatically due to the influence of elite law schools. Justices such as Brett Kavanaugh (Yale Law), Neil Gorsuch (Harvard Law), and Amy Coney Barrett (Notre Dame Law) have reshaped the Court in the image of conservative ideologies. These justices, primarily from elite institutions, have consistently sided with corporate interests over public welfare. Their rulings on critical issues like voting rights (Shelby County v. Holder, 2013), abortion access (Dobbs v. Jackson Women's Health Organization, 2022), and corporate regulation (South Dakota v. Wayfair, Inc., 2018) have had profound consequences, amplifying inequalities and reducing access to justice for marginalized communities. The legal minds trained in these prestigious law schools have moved away from serving the public, instead reinforcing the status quo and further consolidating power in the hands of the wealthy elite.

This trend is compounded by the overwhelming concentration of law school graduates in a handful of sectors, particularly Washington, D.C., and on Wall Street. A report from the National Association for Law Placement (NALP) reveals that nearly 70% of graduates from top law schools—such as Harvard, Yale, and Columbia—secure positions in large corporate law firms or government roles. Meanwhile, those who enter public service or work in underfunded legal fields such as public defense face a starkly different reality. According to the American Bar Association (ABA), the average starting salary for a public defender in 2020 was around $50,000, compared to $190,000 in major corporate law firms. This disparity highlights the economic realities facing graduates who pursue careers in public interest law.

Law schools exacerbate these inequities through their admissions processes, which heavily favor students from affluent backgrounds. A 2019 study by the Equality of Opportunity Project found that 70% of students attending Harvard Law, Yale Law, and other Ivy League law schools come from families in the top 20% income bracket, while less than 5% come from the bottom 20%. This financial divide is perpetuated by high tuition costs—Harvard Law's tuition and fees for the 2024 academic year exceed $70,000 annually—making it inaccessible to many who might otherwise have the talent and potential to succeed in law.

Furthermore, law schools’ connections with corporate sponsors and wealthy alumni networks often shape the curriculum and career pathways offered to students. As a result, legal education has become increasingly oriented toward corporate law, perpetuating a system that values prestige and financial gain over social justice. A 2021 report from the American Bar Foundation indicated that nearly half of law school graduates work in the private sector within the first ten years of their careers, most of them in high-paying corporate firms or lobbying groups, which further concentrates legal power in the hands of the elite.

The oversupply of lawyers entering corporate sectors—many of whom attend the nation’s top law schools—has created a system where elite law firms and government agencies, such as the U.S. Department of Justice and major regulatory bodies, dominate legal decision-making. This trend is also visible in the disproportionate representation of law school graduates in Washington, D.C., where they shape policy in ways that benefit large corporations and financial institutions, while leaving the needs of the general public unmet.

A central aspect of the legal system that perpetuates inequality is the way the billionaire class profits from the injustice system itself. Wealthy individuals and corporate entities have found ways to exploit the legal system to their advantage, contributing to the concentration of wealth and power. Many billionaires and large corporations fund legal battles designed to weaken regulations, block labor rights, and influence policy decisions that benefit their financial interests.

For example, major private prison companies like CoreCivic and GEO Group, both of which have ties to influential law firms, profit from the mass incarceration of predominantly Black and Latino individuals. These private companies lobby for harsher sentencing laws and immigration policies that fill their prisons, creating a cycle of profit that thrives on systemic inequality. Legal professionals trained in elite law schools frequently represent these corporations, further entrenching the power dynamics that keep vulnerable populations incarcerated.

The billionaire class also reaps the benefits of legal loopholes and tax avoidance schemes facilitated by top-tier law firms. Lawyers trained in Ivy League schools often advise wealthy clients on ways to hide their assets, evade taxes, and exploit the legal system for personal gain, which further exacerbates income inequality. Law firms and the lawyers who work in them profit immensely by providing these services, while the broader public bears the burden of underfunded social programs and public services.

The impact of law schools’ role in the legal system is not a new development, but has historical roots. For much of U.S. history, the courts and legal institutions have played a pivotal role in limiting democracy and reinforcing inequalities. However, there have been pivotal moments when the courts, often driven by lawyers trained in the nation's top schools, expanded democracy and fought for justice.

A key moment in the history of expanding democracy was the work of Thurgood Marshall and Charles Hamilton Houston, both of whom were products of Howard University School of Law—a historically Black institution that stood in stark contrast to the elite, mostly white law schools of their time. Marshall, who went on to become the first African American Supreme Court Justice, and Houston, his mentor, fought tirelessly against segregation and racial discrimination. Houston's strategy, dubbed "the 'liberal' approach to civil rights," involved challenging discriminatory laws through the courts, using legal arguments rooted in equal protection and the promise of the 14th Amendment.

Houston's legal battles laid the groundwork for the landmark Brown v. Board of Education (1954) case, where the Supreme Court, under the influence of Marshall's legal strategies, overturned the doctrine of “separate but equal” and declared racial segregation in public schools unconstitutional. This ruling, perhaps one of the most profound examples of the courts expanding democracy, was achieved through the work of legal professionals committed to social justice, many of whom came from institutions outside the mainstream elite law schools.

Unfortunately, the trend of the courts advancing civil rights was not consistent. The Dred Scott v. Sandford (1857) decision, where the Supreme Court ruled that African Americans could not be citizens, and Plessy v. Ferguson (1896), which upheld racial segregation, serve as stark reminders of how the legal system can be wielded to entrench inequality and limit democracy. The very law schools that trained many of the justices responsible for these rulings were also responsible for shaping the legal education that upheld the racist and exclusionary structures of the time.

Today, the cycle of legal education serving the interests of the wealthy and powerful continues. While the courts have sometimes played a role in broadening civil rights and democracy, too often they have sided with corporate interests, limiting progress. Lawyers trained in elite law schools continue to occupy spaces where the rules of the game are rigged in favor of those with wealth and influence.

To reverse this trend, law schools must take deliberate action. They must shift their focus from training lawyers for the highest-paying and most prestigious jobs to producing attorneys who are dedicated to the public good. This includes increasing financial accessibility, offering more scholarships for low-income students, and reevaluating the curriculum to emphasize social justice, public interest law, and equitable legal reforms. Moreover, legal education should challenge the structures of wealth and power, ensuring that future lawyers are equipped to dismantle the systems that benefit billionaires and corporations at the expense of justice.

The influence of law schools in perpetuating inequality cannot be overstated. The future of the legal profession—and, by extension, the justice system—depends on whether these institutions can embrace a new mission: one that fosters true equality under the law and dismantles the structures of privilege that continue to shape our society.

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