Should Antitrust Education Be Mandatory (for Law School Administrators)?

Abstract

The Executive Committee of the Association of American Law Schools has adopted a Statement of Good Practices that purports to limit the times when law schools may make offers to hire faculty members at other schools. Schools are generally not to make offers for indefinite appointments to professors on other faculties after March 1, subject to extension for two months with the consent of the incumbent's dean. They also are not to make offers contemplating resignation from a current faculty position more than two weeks following those deadlines. Proceeding on the assumption that the AALS policy, whose express terms are precatory, speaks to what is in fact an agreement among law schools, this essay concludes this policy memorializes an understanding in violation of Federal antitrust law.