The Link Between Greed and Efficiency

In the mythology of American capitalism, “efficiency” is the magic word that justifies austerity for workers, rising tuition for students, and ever-expanding wealth for administrators, financiers, and institutional elites. It is framed as neutral, technocratic, and rational. In reality, efficiency in higher education has become inseparable from greed, functioning as a mask for extraction and consolidation.

Universities and their sprawling medical centers have become some of the largest landowners and employers in the cities they inhabit. As Devarian Baldwin has shown, these institutions operate as urban empires, expanding aggressively into surrounding neighborhoods, raising housing costs, displacing long-time residents, and reshaping cities to suit institutional priorities. University medical centers, nominally nonprofit, consolidate smaller hospitals, close services deemed unprofitable, and charge some of the highest healthcare prices in the nation. These operations are justified as efficiency or economic development, yet they often destabilize the communities they claim to serve.

Endowments, some exceeding fifty billion dollars at elite institutions, have become central to this dynamic. Managed like hedge funds, these pools of capital are heavily invested in private equity, venture capital, real estate, and derivatives. The financial logic of endowment management now shapes university priorities, shifting focus from public service and learning to capital accumulation, investor returns, and risk management. Efficiency is defined not by educational outcomes but by the growth of financial assets.

This culture of extraction has been amplified by decades of government austerity. Public funding for higher education has steadily declined since the 1980s, forcing institutions to behave like corporations. At the same time, the aging Baby Boomer generation is creating unprecedented financial pressures on Social Security, Medicare, and healthcare systems, leaving public coffers stretched thin and reinforcing a winner-take-all national mentality. In this environment, universities compete fiercely for students, research dollars, donors, and prestige, producing conditions ripe for exploitation.

Outsourcing has become a standard method to achieve “efficiency.” Universities frequently contract out food service, custodial work, IT, housing management, and security. Workers employed by these contractors often face lower wages, fewer benefits, and higher turnover, while administrators present these arrangements as cost-saving measures. Meanwhile, administrative layers within institutions continue to expand, creating a managerial class that oversees growth and strategy while teaching budgets shrink. As Marc Bousquet has argued, the corporate-style management model displaces faculty governance and treats students and staff as revenue streams rather than participants in a shared educational mission.

The adjunctification of the faculty exemplifies efficiency as exploitation. Contingent instructors now teach the majority of classes in American higher education, earning poverty-level wages without benefits while juggling multiple teaching sites. Institutions call this “flexibility” and “cost containment,” but in reality it transfers value from instruction to administrative overhead, athletics, real estate, and financial operations, all while reducing the quality of education and undermining academic continuity.

The rise of Online Program Managers, or OPMs, further illustrates the fusion of greed and efficiency. These companies design, manage, and market entire online degree programs, often taking forty to seventy percent of tuition revenue. While presented as efficiency partners, OPMs aggressively recruit students, inflate costs, and minimize academic oversight. Their business model mirrors the exploitative strategies of for-profit colleges, which pioneered high-cost, low-quality instruction combined with heavy marketing to capture federal loan dollars. The collapse of chains such as Corinthian, ITT, and EDMC left millions of borrowers with debt and no degree, yet the model persists inside nonprofit universities through OPMs and algorithm-driven online programs.

“Robocolleges” represent the latest evolution of this trend. AI-driven instruction, predictive analytics, automated grading, and digital tutoring promise unprecedented efficiency, but they often replace human educators, reduce pedagogical oversight, exploit student data, and prioritize enrollment growth over educational quality. Efficiency here serves the financial bottom line rather than the learning or well-being of students.

The result of these extractive practices is a national crisis of student debt, now exceeding one trillion dollars. Students borrow to cover skyrocketing tuition, outsourced services, underpaid instruction, and the costs of programs shaped by OPMs or automated platforms. Debt is not an accident of the system; it is the intended outcome, a mechanism for transferring public resources and student labor into private profit.

The broader social context intensifies the problem. Higher education exists in a winner-take-all, financialized society, where resources flow upward and the majority of people are told to compete harder, work longer, and borrow more. Universities have internalized this ideology, acting as both symbols and engines of extraction. Efficiency, under this paradigm, is defined not by the effectiveness of teaching or research but by the expansion of institutional power, wealth, and influence.

True efficiency would look very different. It would invest in educators rather than contractors, stabilize academic labor rather than exploit it, serve surrounding communities rather than displace them, expand learning opportunities rather than debt, and prioritize democratic governance over corporate-style hierarchy. Efficiency should measure how well institutions serve the public good, not how well they protect endowment returns, OPM profits, or administrative salaries.

Until such a redefinition occurs, efficiency will remain one of the most powerful tools of extraction in American higher education, a rhetorical justification for greed disguised as rational management.

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Sources

Devarian Baldwin, In the Shadow of the Ivory Tower
Marc Bousquet, How the University Works
Tressie McMillan Cottom, Lower Ed
Christopher Newfield, The Great Mistake
Sara Goldrick-Rab, Paying the Price
Government reports on for-profit colleges, student debt, and OPMs
Research on higher education financialization, outsourcing, and austerity policies

Defenders of the Higher Ed Business: How Lawyers Shield a Broken Industry

In the long decline of American higher education, a certain class of professionals has quietly prospered—lawyers who specialize in defending institutions from the consequences of their own behavior. These attorneys rarely appear in public debates over student debt, predatory recruitment, or collapsing regional colleges. Yet their fingerprints are everywhere: in courtroom strategies designed to run out the clock, in motions that narrow the rights of borrowers, in settlement agreements that mask wrongdoing without forcing structural reform. They are the legal custodians of an industry that has spent decades avoiding accountability.

These lawyers often frame their role as neutral, simply providing representation to clients who need it. But the nature of the representation matters. When institutions mislead students, inflate job-placement claims, push them into unaffordable debt, or fire whistleblowers who object to unethical practices, these firms defend the institution—not the student, not the truth, and certainly not the public interest. Litigation summaries and public communications frequently present a parallel universe in which colleges are the victims, regulators are overreaching meddlers, and students who seek restitution are opportunists or pawns of political forces.

The legal work is highly lucrative. In many cases, struggling institutions spend more on their attorneys than they do on direct student support. Colleges on the brink of closure still find six-figure retainers to fight state attorney general investigations or borrower defense claims. Public institutions use taxpayer dollars to shield themselves from transparency, all while students—particularly first-generation, low-income, and working-class students—absorb the losses. Attorneys in this sector are acutely aware of the harms their clients may have caused, yet their work consistently prioritizes institutional preservation over student restitution.

The history of this defense strategy is well documented. In 2011, federal courts began seeing cases from former students challenging institutions for misleading claims, untransferable credits, and failure to provide promised training. Courts often compelled arbitration, effectively removing class action rights and leaving individual students to pursue costly and complex proceedings alone. This pattern set a precedent: institutional defense relied on procedural tools rather than addressing substantive misconduct. Between 2012 and 2013, state supreme courts upheld arbitration clauses that stripped students of collective redress, signaling to institutions that strategic legal defenses could block accountability. Students’ claims of misrepresentation, fraud, and breaches of enrollment agreements were repeatedly forced into private arbitration. The courts emphasized procedural enforcement over consideration of the underlying harms, allowing institutions to continue operating without public scrutiny.

From 2015 to 2018, the Department of Education’s Inspector General documented widespread mismanagement of federal Title IV funds, showing that hundreds of millions in federal loans were issued to students at institutions that were later found to have misrepresented outcomes or violated federal regulations. Lawsuits brought by former students during this period, including allegations under the False Claims Act, were often dismissed or compelled to arbitration. Institutions were shielded, while borrowers were left with debt and limited recourse.

In 2018 and 2019, state attorneys general filed enforcement actions against multiple institutions for fraudulent recruitment practices and misrepresentation of accreditation status. In almost every case, institutions relied on their legal teams to secure procedural victories: dismissal of class action claims, enforcement of arbitration clauses, and delays in settlements. While regulators attempted to intervene, the structural power of corporate legal defense delayed, diluted, or obscured accountability. During the COVID-19 pandemic in 2020–2021, students sued institutions for failure to provide adequate online instruction and for abrupt changes in course delivery. Defense attorneys successfully argued that enrollment agreements allowed these operational changes, resulting in widespread dismissal of student claims. Again, institutional defense won the day while students absorbed the financial and educational consequences.

From 2022 to 2025, the Borrower Defense to Repayment program and the SAVE Plan promised relief for students harmed by mismanaged institutions. Yet litigation and regulatory challenges have slowed implementation. Institutions and their attorneys have repeatedly used procedural maneuvers to contest forgiveness, compel arbitration, or delay repayments, leaving thousands of students in limbo while debt accumulates. Throughout this period, legal strategy has consistently prioritized institutional survival over student restitution. Arbitration clauses, procedural dismissals, and regulatory delay have allowed colleges and universities to maintain access to federal funds, complete mergers, or restructure under bankruptcy protection, all while leaving harmed students with debt, disrupted education, and minimal legal recourse.

These attorneys also help shape the narratives consumed by policymakers, journalists, and college trustees. Public-facing summaries often downplay institutional misconduct and amplify court decisions that limit student rights. They rarely acknowledge the emotional and financial devastation suffered by borrowers or the systemic risks created when institutions know their lawyers can absorb most of the blow. Instead, they champion a legal environment that treats higher education primarily as a business subject to claims risk, not as a public trust.

Justice, in this ecosystem, becomes a matter of resources. Students and former employees face a wall of corporate legal expertise, while institutions with long records of abuse continue to operate behind settlements and sealed agreements. Attorneys who could use their considerable skills to protect the most vulnerable instead use them to reinforce a system that extracts value from students and leaves them to fend for themselves once the promises fall apart.

The Higher Education Inquirer has long documented the College Meltdown: the closures, the debt, the failed oversight, and the human cost. But the meltdown is not only a story about administrators, investors, or federal agencies. It is also a story about the lawyers who defend the indefensible and who help maintain a higher education marketplace where accountability is optional and harm is routine. They may sleep well, but only because the consequences of their work are borne by others.

The question is not how they sleep at night. The question is how many more students will lose before the legal strategies that protect institutions are no longer enough to protect the industry itself.

Sources:

U.S. Department of Education, Borrower Defense to Repayment decision data, 2022–2025

Government Accountability Office (GAO), “For-Profit Colleges: Student Outcomes and Federal Oversight,” 2021

Department of Education Office of Federal Student Aid, Borrower Defense decisions, 2020–2025

State Attorneys General filings and enforcement actions against higher education institutions, 2018–2023

U.S. Department of Education Office of Inspector General, audits and reports on Title IV program compliance, 2015–2022

GAO report on arbitration clauses in for-profit colleges, 2018

Raw Deals in Higher Education

In a 2022 interview with Gary Stocker of College Viability App, we discussed the idea of bad deals in higher education. And as the College Meltdown advances, we expect many more bad deals to occur, both for institutions and consumers.   

Already, in early 2025, we have seen documentation of the collapse of St. Augustine University, a 146-year old HBCU in North Carolina. We expect many more collapses and closures like this, and difficult mergers, to occur in the coming years. The immense greed we saw in for-profit higher education a decade ago we'll see in public and non-profit private education.

HEI will attempt to document these events not merely as news, but as part of a larger pattern of criminality in US higher education, not just at the institutional level, but at the state and federal level, and with predatory banks and other investors who are working on these deals behind the scenes.  We also plan to explain how this predatory behavior damages communities. Communities with people.  

 

Reinventing Solidarity (New Labor Forum)

It's been a new day in the United Auto Workers since the election of Shawn Fain as president in 2023, with the union carrying out an aggressive organizing and political program that has established the UAW as a major presence in American life. New Labor Forum's Micah Uetricht spoke to Jonah Furman, a top aide to Fain, about the union's strategy, its various wins and losses among nonunion auto manufacturers in the American South, its relationship to the Democratic Party under President Joe Biden, and the impact of a Donald Trump presidency on the union and labor as a whole.

Reinventing Solidarity is a podcast produced by New Labor Forum (NLF), a national labor journal of the Murphy Institute at CUNY School of Labor and Urban Studies. The podcast features scholars, activists, and artists on the front lines of movements for social and economic justice, and asks essential questions about race, class, gender, and the role of organized labor and social justice organizations in creating a radically different world—one with solidarity, equality, and sustainability at its heart. Reinventing Solidary is hosted by NLF Editor-at-Large Micah Uetricht with co-hosts Kafui Attoh, Ruth Milkman, Samir Sonti, and Sean Sweeney.