The model of targeted learning described above provides new micro-foundations for the policy
diffusion described in earlier work, and specific predictions about when, if, and how such diffusion
will occur. If the model fairly reflects the real life decisions of legal actors,then implementation
decisions should correspond to its propositions which go beyond broad notions of diffusion. The
remainder of this paper evaluates how the interview data comports with the specific and novel
elements of the rational learning model which differentiate it from more amorphous notions of
diffusion with limited micro-foundations.
The legal professionals I interviewed seek solutions from others in an intentioned, rational, and
sensible way designed to meet their goals in a given situation. Their institutions are thoughtful and
strategic about the sources of policies and ideas they look to. While their behavior does not always lead
to objectively good or optimal outcomes, it is far more predictable, regular and systematic than simply
latching onto whatever ideas are floating around. Universities generally avoid the pitfalls of mindless
mimicry and benchmarking (Pfeffer and Sutton 2006) by taking a relatively sophisticated approach to
gathering and utilizing information. In other words, while there are surely cases in which policies are
simply copied without much thought, the use of benchmarking and learning from others is more
thoughtful, targeted and rational than simply mindlessly following Harvard’s policies for example.
More generally, colleges and universities match their goals and sources information differently
depending on the issue, think in terms of similar peers and less similar non-peers, and have a sense of
who has the most capacity and information. They also engage in a conditional mix of tailoring
thoroughly researched custom policies, modifying others’ policies, and implementing others’ policies
straight “off the shelf.” As the following paragraphs will show, colleges and universities try to balance
considerations of similarity (peers) vs. information (those with the most capacity etc.) that they
implement another’s policy nearly unaltered at times and begin with, but move away from, by altering,
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Convention