What Should Be Done with Legal Education? (Part IV)
One of the “hot topics” at the 2010 annual meeting of the Association of American Law Schools (AALS) in New Orleans was the topic of “assessment.” The ABA has traditionally approved law schools based on inputs (LSAT/UGPA scores of enrolled students, student-faculty ratio, number of volumes in the library, etc.) rather than on outputs. This in part was a consequence of the already-existing output of the bar exam (though not for Wisconsin). Theoretically, if a school had a poor bar passage rate, it would surely end up going out of business. That hasn’t happened, anywhere. Law schools don’t go out of business; they simply shift to survival mode when necessary. The ABA several years ago added a Standard (these are the criteria used by the ABA in determining whether to approve or re-approve a law school, which permits the graduates of those law schools to take the bar exam in any state) requiring law schools to meet several criteria regarding first-time bar passage rates. However, those criteria were easily avoided. Additionally, the struggle of graduates of historically black law schools with the bar exam made the ABA leery of creating a Standard that might apply in a manner that discriminated in effect even though not in purpose. Now the ABA has a new idea: assessment of outputs other than the bar exam.
Assessment of what law graduates know and what they can do is a good thing. But if history is any judge, it likely will turn out to be bad for both law schools and law graduates.