More on Sloan on ABA, Diversity and 301-6

My initial post on Karen Sloan's article in today's (07/18/2011) National Law Journal, ABA again confronts the diversity dilemma (premium access may be required) focused on what seems to be driving the proposed tightening of the Bar-passage benchmarks:

• the ABA's traditional concern about admitting (Standard 501) or retaining (Standard 303) students without a "reasonable" chances of being admitted to the Bar; and
• forcing law schools to provide more academic support, both in general, but also Bar-prep.

Sloan begins by focusing on Historically Black Law Schools (HBLS), noting the dramatic change at the UDC law school--from almost 70% to less than 30% Black/African American in just six years (1998 to 2004).  She notes, as I have, that the change was due to the ABA raising concerns about student credentials and Bar-passage rates.  UDC responded by raising the LSAT scores of the bottom half of the class.  I've told this story before (links in my earlier post on Sloan's article).

She then discusses the history of Interpretation 301-6 (adopted in January 2008), and the concerns prompting such a quick return to the issue.

Then its back to possible effects on HBLS, quoting/citing me, but also:

LeRoy Pernell, dean of Florida A&M University College of Law, takes this view. "When you pick a number, whether it's 75% or 80%, and the statistics tell you that virtually every historically black college will be in noncompliance, it's a matter of grave concern," he said. "We have yet to see the full impact of the 75% standard, as far as whether it's accomplishing what it was intended to accomplish. What purpose is served trying to change it barely four years later?"

Not everyone agrees that the historically black law schools are most at risk of losing accreditation should the minimum bar-passage rate increase. "I don't appreciate historically black law schools being cast as those most in danger by this," said North Carolina Central University School of Law Dean Raymond Pierce. "I can think of many other law schools in this country that would have more problems than we would have."

I agree in part.  Law schools in the bottom quintile of student credentials will also be most at risk, and also enroll high numbers of minorities ("Down Market" Diversity and Bar Passage).

Sloan reports that there was "spirited debate" on 301-6 at the most recent meeting of the SRC.  Sloan ends:

The committee reached no final decision, and is closely considering the research and comments being submitted, Polden said. "I think this issue is just coming back on people's radar screens. There will be more concerns that surface. Some of the law schools that are on the cusp of an 80% bar-passage rate know that a lot more will be demanded of them in order to get their graduates to meet that."

Thus reports your reporter on the reporter.  Sartor Resartus.

Comments

[Joe]

It is a little unfair to single out one particular group of colleges over another. However, if they can't meet the minimum standard, they're going to lose students who really want to pass the bar.