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Provisional Accreditation for UNT-Dallas

June 6th, 2017 / By

The Council of the ABA Section of Legal Education and Admissions to the Bar has granted provisional accreditation to the University of North Texas at Dallas College of Law. As I wrote last fall, this innovative law school well deserved a chance to try its wings.

Here are some distinctive features of the school:

  • 51.4% of its students are minority students. National Jurist recently named the school the third most diverse law school in America.
  • The student body is notable for its diversity in age and prior work experience, in addition to race and gender.
  • Tuition for 2016-17 was $15,768 for full-time residents and $11,653 for part-time residents.
  • During 2016-17, more than half (51.8%) of students received scholarships, with a median grant of $1,250 (for both full-time and part-time students).
  • Entering scholarships depend upon academic record, socioeconomic background, first-generation status, and community service. There are no conditional scholarships.
  • The school requires completion of courses in accounting and finance for lawyers; interviewing and counseling; negotiation and conflict resolution; effective oral communication; and the business of law.
  • The school also requires students to complete two fully experiential courses (drawn from clinics, externships, or practicums)
  • Many upper-level courses incorporate writing, research, and/or skills segments. Students must complete multiple segments in each of these three categories (in addition to required writing, research, and skills courses)
  • Students must demonstrate proficiency in several practice-related technologies.

The first group of 74 graduates will receive their degrees this month–and those degrees are now from an ABA-accredited law school. Godspeed UNT-Dallas and grads!

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Reflections of a Bar Exam Skeptic

May 26th, 2017 / By

Robert Anderson has posted a thoughtful comment on the bar exam in which he dubs me a “bar exam skeptic.” I accept the label with pride: I have been deeply skeptical of the bar exam for years. I first wrote about the exam in 2001, when the national pass rate for first-time takers was a relatively high 77% (see p. 23). My skepticism today, with a national pass rate of 69%, is no greater or smaller. As I wrote recently, it’s time to convene a National Task Force to examine our bar admissions process.

Who Cares About the Bar Exam?

As Professor Anderson rightly observes, decanal concerns about the bar exam have risen as pass rates have fallen. That’s human nature. The content and scoring of the bar exam are boring subjects for alumni gatherings, graduation speeches, or law review submissions. Few legal educators spontaneously write about setting cut scores, scaling essay questions, or equating test scores over time. The bar exam is like plumbing: most people take it for granted until something goes wrong.

But now the bar exam pipes are leaking and people are paying attention. The leak doesn’t mean we should patch things up just to revive pass rates; the bar exam should measure competence, not admit a predetermined number of lawyers. But now that people are paying attention, this is a good time to consider whether we’re using the right type of filter and piping in our rather antiquated system.

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What Do Students Do in Clinics?

May 17th, 2017 / By

Douglas Kahn has posted an article criticizing the “proliferation of clinical and other experiential courses” in legal education. These courses, he argues, reduce the number of “doctrinal” courses that students take, leaving them “ill-prepared to practice law as soon after graduation as law firms would like.” The TaxProf Blog posted a summary of the article, and a baker’s dozen of readers have offered pro and con comments.

It’s an old debate, one that has bristled for more than 50 years. The discussion doesn’t surprise me, but Professor Kahn’s ignorance of clinical education does. His bold assertions about clinics reveal little familiarity with the actual operation of those courses. Let’s examine some of Kahn’s claims.

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Clinics and Costs

May 6th, 2017 / By

Bob Kuehn has written an incisive article about the relationship between law school tuition and clinical education. Contrary to many educators’ assumptions, Bob finds that there is no statistically significant relationship between the tuition charged by schools that require a clinical experience and schools that do not. Requiring students to complete a clinic before graduation, in other words, does not correspond with increased tuition.

Similarly, schools that guarantee students a clinical experience–should they choose to take one–do not charge significantly higher tuition than schools without that guarantee. Accounting for tuition discounts did not change these results: Schools with clinical requirements or guarantees did not acquire significantly more tuition revenue per student than those without those requirements or guarantees.

The same story emerged when Bob analyzed clinical course availability (rather than requirements or guarantees). Enhanced clinical opportunities never correlated significantly with higher tuition (either list price or discounted). On the contrary, several analyses found a significant relationship between clinical opportunities and lower tuition rates. Bob summarizes the results of his research in a post on the Best Practices for Legal Education blog.

How could this be? Aren’t clinics incredibly expensive to run? Well, yes and no. As Bob explains, the availability of clinical education depends more on the choices that law schools make than on the direct cost of clinics.

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Does Feedback Improve Performance?

April 27th, 2017 / By

My colleague Ruth Colker gives her 1L students the opportunity to obtain mid-semester feedback on their written work. In her Constitutional Law course, currently taught during the spring semester of the first year, Ruth invites students to submit a practice answer to an essay question drawn from a previous exam. She grades each practice answer using the same rubric she used on the previous final, makes extensive written comments on the answers, and encourages students to discuss their answers with her in person.

The exercise is not mandatory; nor does it factor into the final grade. About half of Ruth’s students choose to obtain this optional mid-semester feedback. She wondered if those students performed better on the final exam than students who did not elect the feedback. To study this question, she assembled a team of colleagues, including an expert statistician, Abigail Shoben, from Ohio State’s College of Public Health.

I was delighted to work as part of this team, which also included law colleagues Ellen Deason and Monte Smith. We’ve just published our results. Here are some of the highlights:

 

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Thinking and Writing Like a Lawyer

March 15th, 2017 / By

If law school classes teach students to think like lawyers, then why are so many final exams poorly written? It’s not that students “can’t write,” it’s that we haven’t really taught them to think like lawyers.

Joan Rocklin is the latest educator to tackle this issue, in a paper just posted on SSRN. Rocklin explains why law professors should teach exam writing to their students and, equally important, how we can do that effectively.

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New Semester, Old Classes

January 10th, 2017 / By

The optimistically named “spring” semester has begun at most law schools. One-L’s nervously await their fall-semester grades while climbing a mountain of new reading. Two-L’s focus on their externships, student organizations, and job searches, while mostly ignoring the assigned reading. Three-L’s celebrate with glee the fact that this is their “last first day.” They haven’t even opened their course syllabi, much less the assigned readings.

In a very thoughtful essay, Bob Kuehn reminds us what’s wrong with this picture. Whether the students do the readings or not, they’re not learning enough of the professional skills they will most need as new lawyers. Study after study demonstrates that law schools fail to give students enough education in professional essentials like listening effectively, interviewing, counseling, negotiating, identifying client goals, strategizing to meet those goals, and problem solving.

Law schools prepare their graduates to perform as superb appellate lawyers, but only mediocre (at best) lawyers for every other type of legal problem or client need. Graduates slowly learn how to lawyer for those clients, but they don’t give their early clients and employers the excellence those groups deserve. And, without a sound foundation at the start, these graduates may never become the superb counselors, strategists, and problem solvers they could have been.

Law schools have made progress, but we haven’t traveled nearly far enough–and our progress has been crawl-like. As 2017 unfolds, I hope to offer some ideas for more effective progress. Meanwhile, put Bob’s essay on your personal first-week reading list. And then, do more: read the underlying studies and reflect on what they mean for legal education. Let’s try for a newer new semester this time next year.

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Charlotte School Of Law Should Be More Transparent, Immediately

January 4th, 2017 / By

game of loansEd. note: This post was co-authored with David Frakt, an attorney and the chair of Law School Transparency’s National Advisory Council. This was originally published on Above the Law.

The United States Department of Education (ED) notified Charlotte School of Law on December 19, 2016, that its students would no longer be eligible for federal student loans. The decision, as with the American Bar Association’s decision to put CSL on probation a month earlier, surprised and alarmed CSL students. Since that time, students have reached out to law schools across the country to inquire about attending in the immediate or near future. With no other law schools in Charlotte, North Carolina, there are practical limitations on the choices CSL students face.

Several students report to us that, despite CSL’s assurances, information has been both limited and not particularly useful as they try to assess their options. Furthermore, these students report that administrators have been unavailable to answer questions. The school appears to have completely shut down for winter break from December 22 through January 3 despite the urgency of the situation that has developed in Charlotte. These administrators have likewise not been available to the press since the Education Department’s announcement in December.

It is not yet clear that the school will resume classes on January 9, as scheduled. And even if the school does resume operations next week, students still have an understandable desire to explore available options.

In theory, students have four options.

  1. Continue their classes at CSL. These students would need to cover the more than $22,000 in tuition and fees per semester with a combination of discounts from the law school, cash, and private student loans.
  2. Pause their legal education. Rather than rush into a decision based on incomplete information, students may wish to take a semester off and weigh their options. Under ABA rules, students have up to 84 months within starting law school to obtain all the credits to earn their JD.
  3. Visit at another law school. Students may attend another law school that accepts them as a visitor. They would need to cover tuition and fees at the new school in the same way as they would at CSL — without federal student loans. Some students may be able to complete their degree requirements as a visitor. Otherwise, they may return to CSL (if open) or transfer, though they may lose some credits.
  4. Transfer to another law school. A transfer to another law school would likely be a permanent move. The school’s latest communication to students indicates a pending arrangement with Florida Coastal School of Law (likewise owned by Infilaw) that would guarantee transfer to Coastal. For students with low grades or on academic probation, this may be the only available option. Students wishing to attend another law school will need to obtain admission through the target school’s standard transfer application process.

At this point, CSL students cannot make informed decisions because CSL has not been sufficiently transparent. As such, Law School Transparency has sent CSL a letter with an urgent request for information that will help CSL students make the choice that is best for their personal career ambitions.

Infilaw, which owns Charlotte School of Law and Florida Coastal School of Law, must be transparent about any pending or reasonably foreseeable ABA sanctions at Florida Coastal. As CSL develops its plan for CSL students to transfer to Coastal, they must ensure that CSL students are fully informed about Coastal’s compliance with ABA standards. Students need and deserve to know about the potential for similar problems to emerge at Coastal.

In November, the ABA placed CSL on probation because of its exploitative admissions and retention policies. Coastal’s admissions statistics are not meaningfully different than CSL’s. The majority of students at both schools face extreme risk of failing the bar exam. These two schools also have the highest attrition rates in the country. It’s possible that the ABA has already warned Coastal that it is out of compliance with the ABA standards, much in the way that the ABA warned CSL in February 2016. Indeed, Coastal’s dean announced the school’s intent to raise admissions standards this past fall. Infilaw should disclose any communications from the ABA that in any way indicate potential sanctions against Coastal, including fact-finding inquiries that the ABA will use to evaluate whether the school has sound admissions and retention policies and practices.

Infilaw should be transparent about communication with the U.S. Department of Education regarding Florida Coastal School of Law’s continued participation in the federal student loan program. The ED cited two independent reasons to deny CSL’s participation in the federal student loan program. First, the ED cited CSL’s non-compliance with the ABA standards. Second, the ED cited CSL’s “substantial misrepresentations regarding the nature of its academic program.” The ED based this finding, in part, on CSL’s failure to disclose until November 2016 that the ABA found the school non-compliant with the ABA standards in February 2016. If Coastal has received notice from the ABA about non-compliance, it has not disclosed it to date. That could provide a basis for the ED to take similar action against Coastal.

Coastal might be a reasonable alternative for some CSL students, but it is not fair or ethical or consistent with the school’s fiduciary duty to withhold this information from CSL students considering a transfer (or, for that matter, current Coastal students).

Infilaw should be transparent about its plans to facilitate transfers within the Infilaw System, including moving expense reimbursement, alternative class schedules, tuition discounts, and whatever else students need to ease the transfer after Infilaw and CSL withheld critical information for nine months. Even assuming that Coastal does not face any immediate issues from regulators, Infilaw and CSL should recognize that simply offering students the opportunity to attend another law school in the Infilaw system is not enough to discharge its legal and ethical obligations to students. This is especially true given Infilaw’s financial interest in moving students to one of its schools that has access to federal student loan dollars from one that does not.

Students who choose to relocate 400 miles from Charlotte to Jacksonville will incur substantial costs, including transportation costs, moving expenses, and early lease termination fees. Students who seek to join the bar can ill afford to have negative credit reports or collection actions taken against them for breaching a lease. It is essential that administrators promptly develop and communicate a fair, simple, and transparent approach for students to file for reimbursement.

Charlotte School of Law should clarify whether it will permit and facilitate students who seek to visit another law school this semester. At least a handful of current CSL students have inquired with other law schools about visiting this coming semester. As one law school in North Carolina told us, the obstacles to a visit are not with their school — they are prepared to promptly review and act upon any applications for a visit. Rather, the question is whether CSL will approve the visit, accept the credits towards CSL degree requirements, and waive degree requirements that cannot be met at the visiting school, such as the course on North Carolina distinctions.

The school has sent mixed messages to students about the possibility of visiting at another school. CSL should publish clear guidance on visits as soon as possible, and should do everything possible to facilitate visits for students who request them. We asked Traci Fleury, assistant dean of academic services, for clarification. She did not respond to our phone call.

Charlotte School of Law should devote more resources to student service and administrative offices. Completed applications, whether for a visit or a transfer, typically require a letter of good standing, an official transcript, and, for visits, a letter promising to accept credits from the visiting school. Students report to us that they are still waiting on one or more of these items from CSL. Dean Fleury indicated in an email to a student that a team of five people is working through transfer packets for students. But time is of the essence, and Infilaw schools have been accused of purposefully impeding transfers in the past. Thus the school needs to devote even more resources so that inattentiveness does not prevent students from making informed choices about their futures.

Charlotte School of Law should clarify why it indicated that the school will submit a “teach-out” plan to the ABA in March. A teach-out plan helps students find a reasonable opportunity to complete their program of study. The ABA accreditation rules require a teach-out plan for any school that loses access to the federal student loan program. However, Rule 34 also requires a teach-out if the school intends to cease operations. CSL has already informed students who had been planning to start this month that the “spring start” for which they had been admitted has been canceled. With deadlines for transfer and visits looming, and nearby schools preparing to begin classes as early as tomorrow, CSL should clarify whether the school plans to cease operations in the near future, or if it is even considering such a step, as this will obviously have an impact on the decisions that students make.

While we understand that the situation is fluid, and that the school’s plans may be contingent on a variety of factors that are outside of its control (such as regaining federal funding), CSL must not let uncertainty prevent timely release of information. If in doubt, CSL should err on the side of full disclosure and immediately release any information that could conceivably affect its students’ decisions.

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Surprise: MBE Scores Rise in 2016

August 31st, 2016 / By

Erica Moeser, President of the National Conference of Bar Examiners, sent a memo to law school deans today. The memo reported the welcome, but surprising, news that the national mean score on the MBE was higher in July 2016 than in July 2015. Last year, the national mean was just 139.9. This year, it’s 140.3.

That’s a small increase, but it’s nonetheless noteworthy. LSAT scores for entering law students have been falling for several years. The drop between fall 2012 and fall 2013 was quite noticeable: Seventy percent of ABA-accredited law schools experienced a drop in the 25th percentile score of their entering class. At 19 schools, that score fell 3 points. At another five, it was 4 points.

LSAT scores correlate with MBE scores, so many observers expected July 2016 MBE scores to be lower than those recorded in 2015. Moeser, for example, has repeatedly stressed the link between LSAT scores and MBE ones. She recently declared: “What would surprise me is if LSAT scores dropped and bar pass rates didn’t go down.”

Moeser just received that surprise: Students who began law school in fall 2013 had lower LSAT scores than those who began a year earlier. The former students, however, beat the latter on the MBE after graduation.

So What Happened?

Unpacking this news will take more time and data. Moeser mentions in her memo that the mean MBE score increased in 22 jurisdictions, fell in 26, and remained stable in two. Teasing apart the jurisdictions will provide insights. School-specific results will be even more informative in exploring why the overall score rose.

For now, I offer four hypotheses in descending order of likelihood (from my perspective):

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Alternative Publishing Models For Cost-Conscious Professors

July 13th, 2016 / By

Casebooks are shockingly expensive. The latest edition of Stone, Seidman, Sunstein, Tushnet, and Karlan’s Constitutional Law has a list price of $242. It’s even more shocking when you consider where the money goes. Not to pay for the cases and other primary materials that make up most of a casebook’s contents: they’re public domain and free to all. Mostly not to cover printing costs: the paperback edition of The Power Broker (to pick a book with the same word count and heft as a casebook) has a list price of $26, and you can buy it on Amazon for $18. Mostly not to authors: royalty rates are typically 10% to 20%. No, most of that money ends up in the pockets of the casebook publishers and other middlemen in the casebook chain. This is a tax on legal education, sucking money from law students and from the taxpayers underwriting their student loans. (more…)

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