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Reflecting in this idea, though, made me realize that sometimes the treatment of non elites who do sneak in is quite damaging. I recall one non elite recruited early in my career who was quickly assigned administrative duties that placed his scholarship in jeopardy. He obviously was not taken seriously as a potential scholar. Other non elites got tenure with flying colors but just never seemed to get the recognition they deserved. The celebrations and congratulations seemed to be reserved more for elites.

On the other hand, I cannot say that I have seen a non elite run into a higher or different standard for tenure and promotion. And, at my school, the market has worked to the advantage of non elites since they have been recruited away in relatively greater numbers than elites. This I regard as supporting the idea that mid level law schools like mine would do better to recruit highly ranked non elites.

So what does this add up to. First, non elites are virtually closed out of law teaching. Second, if they somehow get their foot in the door, I cannot say that I have seen any out and out discrimination in terms of tenure and promotion. This may simply be a part of the overall characteristic of elites never to admit they have made recruiting mistakes. Third, I am convinced that non elites do work in a very different world. For example, law reviews make publication offers on the basis of credentials. Elites can call on the elite networks and old professors to read their work and to be thanked in the name-dropping acknowledgement footnote. And elites seem far happier to see elites succeed than they do to see non elites succeed. It is an affirmation of their own claims to be entitled.

Mainly, as I told my friend, "Why worry about this?" Would you really rather be one of them?

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