William & Mary Bill of Rights Journal
Abstract
Commentators have forecasted the demise of high-priced commercial casebooks for two decades. Yet little has changed. This Symposium Essay explores the headwinds facing free and low-cost books in the law school casebook market. It suggests that the biggest problem is “casebook selection inertia.” Given the centrality of the assigned casebook to a typical law school course, professors face strong incentives to make a safe choice from among the leading casebooks—typically those published by the handful of established academic presses who set the highest prices. These choices stick, not only determining the book that will be used for that professor’s future classes but also influencing the choices of generations of law professors for years to come.
Because professors do not buy the books they assign, low price points are not enough to upend this dynamic. A lower cost future depends on cheaper casebooks that compete on quality and, more importantly, the perception of quality. These books must become “safe” choices. That will require substantial effort over years, and even decades. The hard work needed to create and maintain great casebooks requires incentives, such as a modest royalty. Law school casebooks should not cost $300. But they also cannot (sustainably) be free.