History of Legal Education 1970-Present Deana Spencer

1973 New Standards The Council approved new Standards for the Approval of Law Schools in 1973 The Council approved new Standards for the Approval of Law Schools in 1973 The new standards were designed to harmonize the ABA’s 1921 standards with those of AALS The new standards were designed to harmonize the ABA’s 1921 standards with those of AALS Great deal of opposition both from within the ABA as well as from practicing attorneys. Great deal of opposition both from within the ABA as well as from practicing attorneys. Main Concerns: Main Concerns: AALS seen as attempting to take over the accreditation of law schools AALS seen as attempting to take over the accreditation of law schools Attorneys feared that members on the council would use their positions to gain an advantage over their competitors Attorneys feared that members on the council would use their positions to gain an advantage over their competitors

1973 Standards Some key provisions in the new standards: Some key provisions in the new standards: Minimum faculty salary requirements required for school accreditation Minimum faculty salary requirements required for school accreditation “Recommendations” for full-time faculty to student ratios “Recommendations” for full-time faculty to student ratios Drafting Committee concerns Drafting Committee concerns Did not want to limit the number of law schools or students Did not want to limit the number of law schools or students Wanted to ensure that the law schools were adequately funded and not be utilized as profit centers by their affiliated universities Wanted to ensure that the law schools were adequately funded and not be utilized as profit centers by their affiliated universities

The Perennial Issues in Legal Education 1. Practical vs. theoretical legal education 1. Practical vs. theoretical legal education 2. Attempts by ABA sections to make their subjects mandatory 2. Attempts by ABA sections to make their subjects mandatory 3. Debate over how to evaluate the quality of classroom teaching 3. Debate over how to evaluate the quality of classroom teaching 4. Prelaw education 4. Prelaw education 5. Whether there should be a core law school curriculum 5. Whether there should be a core law school curriculum 6. Bar Examination: To be or not to be 6. Bar Examination: To be or not to be 7. Duration of law school: 3 vs. 4 yrs 7. Duration of law school: 3 vs. 4 yrs

Threats to ABA’s Accrediting Status 1975: Western State University School of Law files complaint with the U.S. Office of Education: 1975: Western State University School of Law files complaint with the U.S. Office of Education: WSU, a for profit law school, was denied accreditation by ABA, but was accredited by a regional accrediting organization, ostensibly because it was not “devoting enough resources to meeting ABA standards;” WSU, a for profit law school, was denied accreditation by ABA, but was accredited by a regional accrediting organization, ostensibly because it was not “devoting enough resources to meeting ABA standards;” ABA had a general policy of not accrediting proprietary law schools, however. ABA had a general policy of not accrediting proprietary law schools, however.

Office of Education Concerns about ABA Accreditation Practices Main concerns of the HEW advisory committee: Main concerns of the HEW advisory committee: 1. Was the ABA attempting to limit the number of lawyers; 1. Was the ABA attempting to limit the number of lawyers; 2. The autonomy of the Council; 2. The autonomy of the Council; 3. The right of law schools to appeal non- accreditation 3. The right of law schools to appeal non- accreditation 4. Whether the ABA was acting in good faith with respect to for-profit law schools 4. Whether the ABA was acting in good faith with respect to for-profit law schools 5. Question of whether public members should be appointed to the Accreditation Committee. 5. Question of whether public members should be appointed to the Accreditation Committee.

Result of WSU Challenge Council adopted several of the Office of Education’s proposals including adding a member of the public to the committee. Council adopted several of the Office of Education’s proposals including adding a member of the public to the committee. In 1977, ABA voted to accept provisional approval of for-profit law schools In 1977, ABA voted to accept provisional approval of for-profit law schools

Accreditation Committee Currently, accredited law schools have a site visit every 7 years, after which an inspection report was prepared Currently, accredited law schools have a site visit every 7 years, after which an inspection report was prepared Until 1995, the report included such issues as an institution’s finances, faculty salary, student financial aid, and libraries; Until 1995, the report included such issues as an institution’s finances, faculty salary, student financial aid, and libraries; Inspection reports have engendered litigation, and public access to the reports have been debated Inspection reports have engendered litigation, and public access to the reports have been debated

Law School Demographics Key changes and challenges in law school demographics: Key changes and challenges in law school demographics: Total enrollment: Total enrollment: 1974: 110, : 110, , , 673 Minority enrollment: Minority enrollment: 1973: 7.5% 1973: 7.5% 2007: 22.5% 2007: 22.5% Female enrollment: Female enrollment: 1974: 16% 1974: 16% 2007: 60% 2007: 60%

AALS’s “Top Ten” List of Current Issues in Legal Education Number 10 – Effects of the U.S. News Rankings; Number 9 – Emphasis on Professional Ethics and Responsibility; Number 8 – Ramifications of the Rising Cost of a Legal Education; Number 7 – Financial Reliance on External Constituencies; Number 6 – Professionalization of Legal Research and Writing Instruction; Number 5 – Growth in Interdisciplinary Teaching and Research; Number 4 – Increased Attention to Professional Skills Training; Number 3 – The Revolution in Digital Technology; Number 2 – Continued Diversification of the Law School Community; and Number 1 – Globalization of Law and Legal Practice. Number 10 – Effects of the U.S. News Rankings; Number 9 – Emphasis on Professional Ethics and Responsibility; Number 8 – Ramifications of the Rising Cost of a Legal Education; Number 7 – Financial Reliance on External Constituencies; Number 6 – Professionalization of Legal Research and Writing Instruction; Number 5 – Growth in Interdisciplinary Teaching and Research; Number 4 – Increased Attention to Professional Skills Training; Number 3 – The Revolution in Digital Technology; Number 2 – Continued Diversification of the Law School Community; and Number 1 – Globalization of Law and Legal Practice.

Litigation Since 1992 Regents of the University System of California v. Bakke (1976) Regents of the University System of California v. Bakke (1976) Court overturned race-based preferences in admissions; schools could consider race but use race as an exclusive factor in special minority admissions programs Court overturned race-based preferences in admissions; schools could consider race but use race as an exclusive factor in special minority admissions programs Grutter v. Bollinger (2003) Grutter v. Bollinger (2003) Court held that while law schools may not use actual quotas for minorities, they may consider race in order to achieve a “critical mass of minorities” Court held that while law schools may not use actual quotas for minorities, they may consider race in order to achieve a “critical mass of minorities”

United States v. ABA 1995 ABA sued in Anti Trust Suit ABA sued in Anti Trust Suit Entered into consent order: Entered into consent order: ABA cannot: ABA cannot: Adopt standards that have effect of imposing minimum salaries Adopt standards that have effect of imposing minimum salaries Collect or disseminated salary info Collect or disseminated salary info Use salary info in accreditation Use salary info in accreditation ***Adopt standards that prohibit a law school from being a for profit institution ***Adopt standards that prohibit a law school from being a for profit institution