LSAC Throws a Temper Tantrum

August 17th, 2016 / By

The Law School Admissions Council has thrown its latest tantrum.

In a letter to admissions professionals around the country, LSAC’s president, Daniel Bernstine, signaled that LSAC would stop certifying the accuracy of each law school’s LSAT and undergraduate GPA statistics. The certification is a joint effort between LSAC and the ABA to prevent law schools from lying about their admissions statistics.

LSAC agreed to certify admissions statistics in 2012 after months of roundly dismissing calls for certification. The group had claimed that certification would be cost prohibitive, despite nearly $60 million in total revenue in 2011 and a $10.7 million surplus in 2012. The group also claimed that certification was outside the scope of its organizational mission, despite its member law schools saying that LSAC was best positioned to protect the integrity of the admissions process.

Pressure mounted in 2011 and 2012 for LSAC to help the ABA after two law schools intentionally reported fraudulent data to the ABA and elsewhere, including to U.S. News and World Report for their annual law school rankings. In February 2011, Villanova University School of Law reported that an official at the law school intentionally reported fabricated LSAT and GPA statistics for an unknown number of years prior to 2010. Later that year, the University of Illinois College of Law admitted to intentionally fabricating the same statistics over a seven-year period. The school’s assistant dean for admissions and financial aid, Paul Pless, resigned as a result of the controversy.

This tantrum is LSAC’s second one this year. Both came after the University of Arizona James E. Rogers College of Law announced that the school would allow applicants to submit GRE scores in place of LSAT scores.

At that time, LSAC threatened to strip Arizona of its membership, which would eliminate access to a variety of services. LSAC walked back the threat in May after pressure from its membership and anti-trust concerns.

So why is the ABA now the latest recipient of LSAC’s retribution?

In response to law schools hoping to utilize the GRE as a non-exclusive alternative to the LSAT, which is designed and administered by LSAC, the ABA is examining whether the GRE meets Standard 503. That standard provides that schools must use a “valid and reliable admission test to assist the school and the applicant in assessing the applicant’s capability of satisfactorily completing the school’s program of legal education.” The LSAT is the only nationally validated test as of right now, though Arizona independently validated the GRE and other schools are trying to also.
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The Fall Of Systemic Deception At Law Schools

March 29th, 2016 / By

Originally published on Above the Law.

Last week, Anna Alaburda lost her lawsuit against Thomas Jefferson School of Law. From what one juror said of deliberations, the jury only considered deliberate falsification of the data underlying the statistics she consulted before law school. Systemic deception by law schools, blessed by the ABA, was not on trial. While I am disappointed in the result — I think it would have been an important symbol — I want to talk about the changes that we’ve seen over the last six years on the transparency front. We did not win on every count, but we long-ago declared victory. Here’s why. (more…)

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The U.S. News Rankings Are Horrible. Stop Paying Attention.

March 11th, 2016 / By

Note: A version of this piece was published last year on Law.com, but the U.S. News rankings remain as toxic of an influence as ever. This years version was published on Above the Law.

Next week, the law school world will overreact to slightly-shuffled U.S. News rankings. Proud alumni and worried students will voice concerns. Provosts will threaten jobs. Prospective students will confuse the annual shuffle with genuine reputational change.

Law school administrators will react predictably. They’ll articulate methodological flaws and lament negative externalities, but will nevertheless commit to the rankings game through their statements and actions. Assuring stakeholders bearing pitchforks has become part of the job description. (more…)

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Why Ranking Law Schools Nationally Is Nonsensical

January 19th, 2016 / By

This piece was originally published on Bloomberg.

Earlier this month, at the American Association of Law Schools’ annual meeting in New York, the AALS’s Section for the Law School Dean hosted a panel on law school rankings. During a Q&A, Nebraska Law School Dean Susan Poser posed a series of questions to Bob Morse, chief architect of the U.S. News law school rankings.

I don’t know anything about schools except the one I went to and the one I’m at now. How do you justify asking us to rank the prestige of other schools, and how do you justify giving this component such a large weight?

Blake Edwards, writing for Big Law Business, has more details on the panel here. I want spark a discussion about some ways to improve the reputation metric.
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