We’ve followed the story of the University of Massachusetts Dartmouth School of Law (f.k.a. Southern New England School of Law) ever since its inception. Southern New England was a private, unaccredited law school that was acquired by UMass to become the first public law school in Massachusetts.
I’ve been critical of UMass Law, because there was no evidence whatsoever that Massachusetts needed another law school. I’ve been dismissive of the people who have said, “No no no, Massachusetts needs a public law school,” because even though the word “public” connotes something that is good for everybody, I struggle to see how paying $24,178 per year to go to an unaccredited law school helps anybody.
But now it looks like UMass will receive ABA accreditation. I can’t wait to see what they’ll do with their tuition next….
At some point, the Department of Education is going to have to step in and put a stop to the American Bar Association’s monopoly over the standards for legal education. The ABA has gotten to the point where it’s just trolling us — making patently ridiculous decisions as if it doesn’t even have to pretend to have a grasp on the challenges facing prospective law students and the legal profession.
The ABA’s “watchdog” for law schools is stepping down. Hulett “Bucky” Askew, of John Marshall Law School in Atlanta, has served as the ABA’s consultant on legal education since 2006. Note: that’s a pre-recession date. I take this as more evidence (as if we needed more) that the ABA has been operating with a pre-recession mentality throughout the entire recession and quasi-recovery.
But let’s stop crying about the ABA’s almost comically slow response to the shifting legal education market. Wait until you get a load of the guy who’s going to be Askew’s interim replacement…
We’ve previously written about all of the problems that have befallen Duncan School of Law’s hopes for provisional accreditation by the American Bar Association. With motions pending in Duncan Law’s antitrust lawsuit against the ABA, perhaps the school thought that it could enjoy a momentary respite from all of the negative media attention it’s been receiving.
No such luck. As we mentioned in Morning Docket, a law student has now sued the school — but not because she couldn’t get a job, like the plaintiffs in the other law school lawsuits we’ve seen this year. Instead, this law student is suing the school because she claims that Duncan Law “negligently allowed her to enroll.”
Who is suing the law school, and what are her allegations?
Is it right for a law school to send its students to tolerance camp? Mandatory tolerance camp? Mandatory tolerance camp, where unexcused absences will result in an intolerant notation placed in students’ permanent records?
When I came across the story of a state law school holding a “mandatory” diversity seminar that students were required to attend, my first instinct was to side with the students who objected to the required nature of the program. Generally, I’m not a fan of forcing people to be nice to each other, and you can’t force a man to change what’s in his heart. If students want to be racist or prejudiced to others in their community, that’s something that may demand an institutional response. But if some kids don’t think they’ll benefit much from “diversity training,” whatever that means, so be it.
But when the ABA’s committee on accreditation is telling law school administrators that the student body needs to work on its racial sensitivity, well, you can see how the law school is in a bit of a bind…
Thomas Jefferson once wrote, “I tremble for my country when I reflect that God is just, that his justice cannot sleep forever.” In contrast, Thomas Jefferson School of Law does not tremble before the toothless authority of the ABA. In fact, the school feels free to respond to utter institutional FAIL with peevish blame-shifting. Either TJSL has a serious problem with its admissions standards or it fails students once they arrive. Or some combo platter thereof. Does it matter? Let’s all stipulate that this is a “bad thing.” But what, if anything, should be done?
There are obviously a range of legal/societal stances toward the treatment of “bad things.” Bad things like cigarettes are legal but have mandatory warning labels. Bad things like the New York Lottery are just a Darwinian tax on the ignorant. Predatory subprime mortgage lenders are subject to a patchwork of federal and state laws. Ponzi schemers face criminal fraud charges. Where a law school charging $120,000 for a dubious product fits into the scheme of bad things is open to debate. So we reader-sourced the question. Last week, we conducted a research poll asking:
• Should the ABA impose national minimum LSAT and/or GPA standards for entry into accredited law schools?
• In what range should the LSAT & GPA cutoffs be?
• Should law schools lose their accreditation if their graduates’ bar passage rates fall below a certain threshold?
• Below what level should a school’s accreditation be in jeopardy?
After the jump, you tell us whether and where the lines should be drawn….
It woud be nice if the Senate could have actually given this guy a vote instead of forcing the present ugliness.
* The recess appointment of Richard Cordray to head the CFPB could get tricky — not because Republicans are outraged by recess appointments (much like Democrats are outraged by obstructionist filibusters), but because Congress isn’t technically in recess, due to the sham sessions Congress has been running. [WSJ Law Blog]
* Is it really that surprising that the unemployed are NOT on drugs? Aren’t Republicans the ones who are supposed to understand that in a market, desirable goods cost money? If you want to drug test a constituency, do a random raid at a white-shoe law firm, and don’t forget your chemistry set. [Huffington Post]
* It’s nice to ask permission before you appropriate somebody’s song as your campaign theme. [Fox News]
* Thanks to everybody who voted for us as their favorite legal blog for news in the ABA Journal’s Blawg 100 poll. You’ve given us the strength to keep reporting on spring bonuses, even though they don’t technically exist yet. [ABA Journal]
Over the weekend, the New York Times unleashed a feature article about the role of the American Bar Association in keeping the cost of legal education absurdly high. The school profiled in that article, which we talked about yesterday, was Duncan Law School, which was seeking provisional accreditation from the ABA.
The article, by legal academia bête noire David Segal, came out in print on Sunday. Everybody talked about it on Monday. And today, on Tuesday, the ABA denied Duncan its provisional accreditation.
That’ll teach these law schools to get chatty with the mainstream media about this little legal education cartel they have going here…
I’m really enjoying the newfound interest from the New York Times about the state of legal education. Times reporter David Segal seems genuinely interested in recording the growing tragedy of American law schools.
Concern from mainstream media is great, but the proposed solutions are a little bit scary. Last month, Segal Slate explored the possibility of paying people to not go to law school.
As we mentioned in Morning Docket, Segal is at it again. This time, he’s questioning the American Bar Association’s role in keeping the cost of legal education so high. Unfortunately, the solution seems to be letting everybody who wants to open a law school do so.
Is it worth pushing down the price of legal education by offering really crappy legal education?
Critics of the current legal-education model, including my colleague Elie Mystal, have accused the American Bar Association of failing to uphold sufficiently stringent accreditation standards. ABA-accredited law schools proliferate, even though thousands of law school graduates find themselves unemployed or underemployed.
We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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