Legal Education in the US

Widespread Discrimination Coincided with growth of part-time / night law schools Against Jews, Catholics, Blacks, Immigrants Claim: these students could not be “taught the ethics of the profession” b/c their background is so different Apparent Goal: limit # of people admitted to the bar

Educational Shifts General Movements Away from law offices and into law schools Growing support for a college requirement Knowledge of Int’l Law Legal history Economics Political Science Why? “Rising threat of socialism” Labor / industry disputes Need for social reform

1915: ABA Committee’s Decisions on Admission to the Bar Admission to state bar is regulated by state’s supreme court Disapproved of diploma entry Candidates must be US citizens Law schools w/ high stds tended to have 3-yr programs

NY State Requirements Candidate must speak English Moral fitness must be proven by candidate Inquiry conducted by committee appointed by court Sworn statement by candidate Affidavits on character – by atty personally known to a member of the committee or by teacher or minister Similar req’ts in other states

Growing Concern over “Inferior Schools” 1917: ABA’s Council on Legal Education formed Meant to inspect and classify schools, but not given funding AALS increased membership requirements, effectively excluding part time schools 1921: Root Committee Goal: recommend actions the ABA could take that would “strengthen the character and improve the efficiency of persons admitted” to the bar Recommendations were adopted by ABA in 1922

The Root Report Paved the way for the ABA to be an accrediting agency Minimum stds for law schools At least 2 yrs college before law school Law school = 3 yrs f/t or equivalent in p/t Law school must have at least 7500 volumes Sufficient faculty (min. 3 f/t faculty; 100:1 student: prof ratio) Discouraged diploma privilege for bar admission Called on ABA to fund the Council on Legal Education

States’ Bar Admission Requirements 1927: No states req’d law school for admission 1928: Only 1 jxn did NOT require a bar exam

Convergence of AALS & ABA 1923: cooperation on ALI 1926: accreditation lists were identical 62 accredited schools 56 full time schools 6 offered full & part time programs 108 non-accredited schools (73 of those were night schools) These schools had 70% of law students 1927: Sec of AALS appointed ABA’s 1 st full- time legal education adviser