Home - JDJournal Blog https://www.jdjournal.com Mon, 29 Sep 2025 20:00:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 Texas Supreme Court Moves to Take Law School Oversight from ABA, Paving the Way for State-Controlled Accreditation https://www.jdjournal.com/2025/09/29/texas-supreme-court-moves-to-take-law-school-oversight-from-aba-paving-the-way-for-state-controlled-accreditation-2/ https://www.jdjournal.com/2025/09/29/texas-supreme-court-moves-to-take-law-school-oversight-from-aba-paving-the-way-for-state-controlled-accreditation-2/#respond Mon, 29 Sep 2025 20:00:00 +0000 https://www.jdjournal.com/?p=141028 In a move that could dramatically reshape the future of legal education in the United States, the Supreme Court of Texas has issued a preliminary order that would end the American Bar Association’s (ABA) role as the gatekeeper for law school accreditation in the state. Under the proposal, Texas would take direct control over deciding […]

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Texas Supreme Court Moves to Take Law School Oversight from ABA, Paving the Way for State-Controlled Accreditation

In a move that could dramatically reshape the future of legal education in the United States, the Supreme Court of Texas has issued a preliminary order that would end the American Bar Association’s (ABA) role as the gatekeeper for law school accreditation in the state. Under the proposal, Texas would take direct control over deciding which law schools’ graduates qualify to sit for the Texas Bar Exam — a power the ABA has effectively held nationwide for decades.

If implemented, Texas would become the first state to break with the ABA’s century-old monopoly on law school accreditation, potentially sparking similar moves across the country.

What the Court’s Proposal Says

The court’s order makes clear that it is “of the tentative opinion” that the ABA should no longer have the final word on law school eligibility for bar admission. Instead, Texas would approve law schools under a state-controlled framework focused on “simple, objective, and ideologically neutral criteria.”

The Supreme Court is seeking public comments through December 1, with the new system potentially taking effect January 1, 2026. The order suggests the court intends to minimize disruption to law schools and students, emphasizing that the state will avoid “duplicative accreditation, compliance, or administrative burdens” and will preserve degree portability for Texas graduates seeking admission in other states.

Although specifics are still limited, the order hints that bar passage rates, financial stability, and faculty credentials will be among the objective metrics used to approve law schools — leaving out broader diversity or curricular requirements that have sometimes been at the center of ABA oversight.

Law School Deans Push Back

Texas’s proposal has already generated strong reaction from legal educators. Eight of Texas’s ten law school deans submitted a joint letter earlier this year opposing a similar plan. They warned that abandoning ABA accreditation — a requirement since 1983 — could hurt graduates’ ability to practice outside Texas, undermine the credibility of their degrees, and increase compliance costs as schools are forced to navigate two separate systems.

The deans argued that ABA standards ensure academic rigor, faculty quality, and nationwide consistency, which together protect the value of a law degree. They urged the court to maintain the ABA requirement or to at least build in safeguards that guarantee Texas graduates won’t be disadvantaged in other states.

At the same time, some leaders have called for a more nuanced approach. The dean of the University of Texas Law School, for instance, has suggested exploring alternative or supplemental accrediting bodies to preserve competition while still allowing ABA-accredited schools to qualify.

ABA’s Response

The ABA, which accredits 196 law schools nationwide, is reviewing Texas’s plan. In a statement, the organization reiterated its commitment to working with states “to ensure that a national accreditation system exists that serves students, the profession, and the public.”

The ABA’s role has recently come under political pressure. Several states — including Florida, Ohio, and Tennessee — have signaled interest in re-evaluating their reliance on the ABA following controversy over the association’s diversity, equity, and inclusion (DEI) requirements for law schools.

In May 2025, the ABA extended its suspension of its DEI mandate until August 2026 amid lawsuits and criticism that the rule could violate constitutional protections against compelled speech. Texas’s move is seen by some observers as a continuation of that broader pushback against what critics view as politicized standards.

A Potential Turning Point for Legal Education

The Texas proposal could have ripple effects far beyond the state. If other jurisdictions follow suit, the legal profession may shift from a single national accreditation standard to a patchwork of state-based systems — potentially complicating student mobility, law school administration, and federal financial aid compliance.

Legal analysts note that while Texas has pledged to maintain degree portability, it remains unclear whether other states’ bar examiners will automatically honor a Texas-approved school’s degree. That uncertainty could affect where students choose to attend law school and even where firms recruit.

What This Means for Students and Practitioners

For law students, the stakes are high. Texas’s new framework could create opportunities for more innovative and affordable law schools to enter the market if the ABA’s extensive accreditation requirements are no longer a barrier. However, there is also a risk that degrees from non-ABA-approved schools could carry less weight outside Texas, potentially limiting graduates’ mobility.

Practicing attorneys and firms are also paying close attention. A state-controlled accreditation process might lead to changes in how law schools structure their curricula, impacting the skill sets of future graduates.

The Road Ahead

The Texas Supreme Court will accept public input until December 1, after which it will decide whether to finalize its plan. If adopted, the new system could take effect as early as January 2026, making Texas the testing ground for a post-ABA accreditation era.

Observers expect heated debate in the months ahead. Proponents argue this change will bring greater neutrality, reduce costs, and allow Texas to shape its own standards. Critics warn it could fragment legal education and place students’ futures at risk.

One thing is certain: Texas is now at the center of a national conversation that could redefine what it means to be a law school — and who gets to decide which graduates become lawyers.

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BigLaw’s $600 Million Deal: Major Firms Offer Pro Bono Support to Trump-Backed Causes Amid DEI Crackdown https://www.jdjournal.com/2025/04/11/biglaws-600-million-deal-major-firms-offer-pro-bono-support-to-trump-backed-causes-amid-dei-crackdown/ https://www.jdjournal.com/2025/04/11/biglaws-600-million-deal-major-firms-offer-pro-bono-support-to-trump-backed-causes-amid-dei-crackdown/#respond Fri, 11 Apr 2025 18:30:00 +0000 https://www.jdjournal.com/?p=137461 Introduction In an unprecedented and controversial pivot, four of the nation’s most powerful law firms—Kirkland & Ellis, Latham & Watkins, Simpson Thacher & Bartlett, and A&O Shearman—have agreed to provide an estimated $600 million in pro bono legal services to causes championed by the Trump administration. The agreement, which follows months of executive branch pressure, […]

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Introduction

In an unprecedented and controversial pivot, four of the nation’s most powerful law firms—Kirkland & Ellis, Latham & Watkins, Simpson Thacher & Bartlett, and A&O Shearman—have agreed to provide an estimated $600 million in pro bono legal services to causes championed by the Trump administration. The agreement, which follows months of executive branch pressure, comes in exchange for the withdrawal of punitive executive orders that had threatened to dismantle the firms’ diversity, equity, and inclusion (DEI) programs.

The Equal Employment Opportunity Commission (EEOC) also announced it is closing investigations into these firms’ employment practices as part of the arrangement.

Overview: How Trump’s Executive Orders Targeted BigLaw

Former President Donald Trump’s return to office has been marked by a sweeping campaign against what he calls “ideological lawfare.” Central to this effort has been a series of executive orders that target law firms perceived to support liberal clients or maintain robust DEI programs.

The orders included:

  • Contract restrictions on firms with federal clients engaged in DEI-related hiring or training.
  • Audit demands into internal firm demographics and hiring practices.
  • Referrals to the EEOC for potential “reverse discrimination” violations.

Faced with these mounting pressures, several top firms opted for a strategic retreat—not through confrontation in court, but by negotiating directly with administration officials.

The $600 Million Commitment: What Does It Cover?

The pro bono agreements include:

  • Immigration legal services aligned with the administration’s newly modified merit-based policies.
  • Support for veterans and military families, including estate planning, benefits claims, and housing advocacy.
  • Election integrity litigation in coordination with state attorneys general.
  • Legal assistance for rural communities through clinics and mobile legal aid initiatives.

While traditionally pro bono work supports underserved communities in politically neutral ways, this deal has raised concerns due to the ideological alignment required by the Trump administration.

Political and Legal Ramifications

A Chilling Effect on DEI?

DEI advocates warn that the deal may embolden further federal efforts to dismantle diversity programs not just in law, but across regulated industries like finance, tech, and healthcare.

Potential Conflicts of Interest

Critics argue the arrangement could blur the line between neutral legal service and political patronage. By tying pro bono obligations to government-favored causes, the Trump administration may be setting a precedent that politicizes voluntary legal aid.

A New Era of Compliance Law?

Some observers believe this episode will usher in a new BigLaw sub-specialty: government relations and compliance under ideologically motivated federal scrutiny.

Industry Reactions

The legal industry remains divided:

  • Some firms, including Perkins Coie and Jenner & Block, have refused to negotiate, choosing instead to challenge the orders in court.
  • Others remain silent, fearing retaliation or public scrutiny.

Law schools, civil rights groups, and watchdog organizations have begun releasing statements, demanding transparency and clarity on how these deals were structured.


FAQs

Why did BigLaw firms agree to the $600 million pro bono deal?

Firms entered the agreement to avoid enforcement of executive orders that could have stripped them of federal clients and damaged their DEI efforts. The deal also led to the closure of EEOC investigations into their employment practices.

What types of pro bono work are included in the deal?

The services are aimed at causes endorsed by the Trump administration, including veterans’ support, immigration under merit-based reform, election-related litigation, and legal aid to rural communities.

Is this type of agreement legal?

There’s no law explicitly prohibiting such deals, but critics say the arrangement raises ethical concerns about politicizing legal services and undermining the independence of the legal profession.

What happens to firms that refuse to comply?

Firms that oppose the executive orders face ongoing federal scrutiny, including potential loss of government contracts, public disclosure mandates, and continued EEOC investigations.

Could this impact law students or legal hiring?

Possibly. Some firms may reassess their public DEI commitments, impacting hiring pipelines, especially at schools with strong DEI programming. Law students should monitor which firms are aligning with which policies.


Conclusion

This $600 million pro bono pledge by top BigLaw firms marks a stunning new chapter in the ongoing clash between the legal profession and a politically empowered executive branch. As the legal world watches closely, the line between public interest advocacy and political expediency appears more blurred than ever.

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U.S. Judiciary Reforms Tackle "Judge Shopping", Aiming for Fairer Legal Proceeding https://www.jdjournal.com/2024/03/13/u-s-judiciary-reforms-judge-shopping-aiming-for-fairer-legal-proceeding/ https://www.jdjournal.com/2024/03/13/u-s-judiciary-reforms-judge-shopping-aiming-for-fairer-legal-proceeding/#respond Wed, 13 Mar 2024 15:19:18 +0000 https://www.jdjournal.com/?p=135866 The United States federal judiciary announced on Tuesday a significant policy overhaul designed to dismantle the tactic of “judge shopping,” a practice commonly employed by state attorneys general, activist groups, and corporations. These entities have been known to file legal challenges against government regulations in jurisdictions known for their sympathetic judges, who were almost guaranteed […]

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The United States federal judiciary announced on Tuesday a significant policy overhaul designed to dismantle the tactic of “judge shopping,” a practice commonly employed by state attorneys general, activist groups, and corporations. These entities have been known to file legal challenges against government regulations in jurisdictions known for their sympathetic judges, who were almost guaranteed to preside over their cases. This strategy has been particularly leveraged to impede significant aspects of President Joe Biden’s legislative agenda.

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Implemented by the Judicial Conference, the top policy-making body of the U.S. judiciary, this reform comes after heightened pressure from Democratic legislators and other advocates to abolish a method predominantly utilized by conservative factions. These groups have historically targeted smaller courthouses, notably in Texas, to ensure their cases are assigned to judges with a track record of rulings that obstruct Biden’s initiatives on immigration, firearms regulation, and LGBTQ+ rights.

The revised policy mandates that lawsuits aimed at overturning state or federal legislation be randomly assigned to judges across a federal district, rather than being limited to specific courthouses or divisions. Jeffrey Sutton, U.S. Circuit Judge and the newly appointed chair of the Judicial Conference’s executive committee, cited the excessive issuance of national and statewide injunctions as a key factor prompting this change.

Randy Crane, the chief judge of Texas’ Southern District, acknowledged the policy but indicated it posed questions requiring resolution before its enactment. He suggested the timing and nature of the policy appear to be a reaction to judicial decisions that have run counter to particular political interests.

The practice of nationwide injunctions, where a single judge can halt the enforcement of new regulations across the country, has been critiqued for its potential to skew the legal landscape. The initiative to distribute cases more broadly among judges seeks to counteract this issue, a move Senate Majority Leader Chuck Schumer has praised for its potential to reintroduce fairness and justice into the legal system.

The strategy of judge shopping has been under scrutiny, with calls for reform from the Biden administration, Democratic legislators, and the American Bar Association. This concern has been driven by lawsuits initiated in Texas’ unique judicial districts, known for their conservative-leaning judges, by figures such as Republican Attorney General Ken Paxton.

The issue of judge shopping drew national attention with a lawsuit aimed at halting the approval of the abortion pill mifepristone, spearheaded by conservative litigants in Amarillo’s single-judge division. The case, presided over by Judge Matthew Kacsmaryk, a Trump appointee and former conservative Christian legal activist, has escalated to the U.S. Supreme Court.

Moreover, companies and business groups have increasingly selected these courts for challenging Biden administration policies or promoting Republican-favored positions. A Reuters analysis revealed that at least 27 lawsuits by such entities have been filed in Texas since Biden’s inauguration, with significant cases being assigned to judges known for their conservative rulings, highlighting the strategic importance of venue selection in litigation.

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Department of Education Takes Action to Expedite College Financial Aid Awards https://www.jdjournal.com/2024/02/17/department-of-education-takes-action-to-expedite-college-financial-aid-awards/ https://www.jdjournal.com/2024/02/17/department-of-education-takes-action-to-expedite-college-financial-aid-awards/#respond Sat, 17 Feb 2024 11:55:00 +0000 https://www.jdjournal.com/?p=135452 Updated February 19 – The customary deadline for high school seniors to finalize their college commitments has historically fallen on May 1. However, due to delays from the federal government in introducing a new financial aid form, several institutions are opting to extend their registration deadlines. Joining this trend, the University of Wisconsin-Madison announced on […]

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Updated February 19 – The customary deadline for high school seniors to finalize their college commitments has historically fallen on May 1.

However, due to delays from the federal government in introducing a new financial aid form, several institutions are opting to extend their registration deadlines. Joining this trend, the University of Wisconsin-Madison announced on Monday that it is pushing back its deadlines for admitted student deposits and on-campus housing contracts to May 15.

This decision will impact tens of thousands of students who have been accepted to the state’s flagship university, many of whom rely on aid offers to assess the financial implications of attending.

Overview of FAFSA Rollout Issues

In response to challenges faced during the rollout of the new Free Application for Federal Student Aid (FAFSA) for the 2024-25 school year, the Department of Education has announced measures to accelerate the financial aid award process.

The simplified version of the FAFSA aims to make the application process for student loans and grants more accessible. However, delays in availability and complications with transferring financial information to colleges have prompted criticism from lawmakers on both sides of the aisle.

Bipartisan Criticism and Urgent Calls for Action

Lawmakers, including a group of Republicans and over 100 Democratic representatives, have expressed concerns about the operational problems. The delay in financial aid processing is particularly alarming, as emphasized in a letter led by independent Sen. Bernie Sanders and Democratic Rep. Bobby Scott.

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Department of Education’s Response

Acknowledging the challenges, the Department of Education outlined three key steps to streamline the financial aid process:

1. Reduction of FAFSA Filers Selected for Verification

The agency will decrease the number of FAFSA filers subjected to the verification process, aiming to expedite the confirmation of accurate information on the forms. This step addresses a typically time-consuming audit-like process that has impacted one-third of applicants in previous years.

2. Suspension of Routine Program Reviews

To save time, the department will temporarily suspend routine program reviews conducted to confirm a college’s eligibility for federal funds. While serious issues like suspected fraud will still be addressed, the move is expected to alleviate the burden on colleges.

3. Increased Flexibility in Recertifying Eligibility

Colleges will be granted more flexibility in recertifying eligibility for federal aid by temporarily waiving the 90-day application requirement before the expiration date. This measure is designed to provide institutions with crucial time to focus on delivering aid to students.

Additional Support for Colleges and Universities

Last week, the Department of Education announced its commitment to providing personnel, funding, resources, and technology to selected colleges and universities. This support aims to facilitate the swift distribution of financial aid packages to students.

Understanding the FAFSA and Noteworthy Changes

Evolution of the FAFSA

The FAFSA, a key determinant of eligibility for federal Pell grants and student loans, has undergone significant changes with the latest version released in 2023. These changes, approved by Congress in 2019 and 2020, aim to streamline the application process.

Streamlining the Application Process

The new FAFSA, in contrast to its lengthy predecessors, features as few as 18 questions, taking less than 10 minutes to complete. Some information is directly extracted from tax returns, eliminating the need for applicants to search for details in older tax documents.

Projected Impact on Eligibility

The Department of Education anticipates a positive impact on eligibility, with an estimated 610,000 more students qualifying for a Pell Grant annually. The Pell Grant, a crucial resource for students from low-income families, is provided by the federal government and does not require repayment.

Additionally, an estimated 1.5 million more students are expected to be eligible for the maximum Pell Grant amount, offering significant financial support for their college education. The Pell Grant amount, which changes each year, currently stands at up to $7,395 for the current school year.

Decades of Repayment: A Journey through Federal Student Loan Forgiveness

Marlon Fox, a chiropractor in North Charleston, South Carolina, had been wrestling with his federal student debt since 1988. With a balance of $119,500 looming over him, he couldn’t envision the end. Then, on a fateful day in August 2023, relief arrived unexpectedly in his inbox with an email titled: “Your student loans have been forgiven!”

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A Long-Awaited Redemption

Fox, now 65, described the moment as surreal. “I couldn’t believe it,” he said. “I’d been battling this for so long. I’ve been on cloud nine ever since.”

The Struggle of Long-Term Borrowers

Fox’s story is not unique. Many borrowers find themselves in repayment for decades without seeing the promised relief. Despite the provision in the U.S. Department of Education’s income-driven repayment plans allowing for debt forgiveness after 20 or 25 years, obstacles persist.

Nadine Chabrier from the Center for Responsible Lending attributes this to a lack of transparency from loan servicers, who are disincentivized to inform borrowers about available relief options.

Servicers: Gatekeepers to Relief

The Education Department contracts with various companies like Mohela, Nelnet, and EdFinancial to service federal student loans. Critics argue that these servicers, incentivized by fees per borrower per month, often fail to adequately inform borrowers about forgiveness opportunities and may mishandle payment records, especially during loan transfers between companies.

Scott Buchanan of the Student Loan Servicing Alliance refutes claims of intentional negligence, emphasizing their adherence to government standards.

The Impact of Review: A Glimmer of Hope

Despite the challenges, the Education Department’s review of borrowers in income-driven repayment plans has resulted in the forgiveness of approximately 930,000 loans, totaling over $45 billion in aid. Some borrowers, like Fox, even received reimbursements for overpayments.

The Weight of Decades: Fox’s Journey

Fox’s $60,000 student debt from attending the Palmer College of Chiropractic in the 1980s ballooned over the years due to forbearances and high interest rates. Despite enrolling in income-driven repayment plans, the balance decreased at a sluggish pace, impacting Fox’s financial stability and retirement plans.

The Long Road to Relief

Throughout his career and family obligations, Fox maintained frugality and perseverance, but the burden of student debt lingered, affecting his quality of life and retirement prospects.

A New Chapter: Hope on the Horizon

The Biden administration’s intervention brought Fox the relief he had long awaited. With his debt forgiven and a reimbursement of $56,801, Fox, for the first time in years, sees a glimmer of financial freedom.

Looking Ahead: A Journey to Redemption

While the weight of decades of repayment still casts a shadow over Fox’s life, he looks forward to a well-deserved vacation and newfound opportunities. Though the road was long and arduous, Fox’s story serves as a beacon of hope for countless others navigating the complexities of student loan repayment.

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American Airlines Faces Class Action Lawsuit Over 401(k) Plan Investments https://www.jdjournal.com/2023/11/22/american-airlines-faces-class-action-lawsuit-over-401k-plan-investments/ https://www.jdjournal.com/2023/11/22/american-airlines-faces-class-action-lawsuit-over-401k-plan-investments/#respond Wed, 22 Nov 2023 17:15:00 +0000 https://www.jdjournal.com/?p=133781 In a groundbreaking legal development, Bryan Spence, an American Airlines Inc. pilot, has sought class certification for a lawsuit against the airline. The suit alleges that the company’s 401(k) plan prioritizes investments in environmental, social, and corporate governance (ESG) strategies at the expense of participants’ best interests. Class Certification Motion On Tuesday, Spence petitioned a […]

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In a groundbreaking legal development, Bryan Spence, an American Airlines Inc. pilot, has sought class certification for a lawsuit against the airline. The suit alleges that the company’s 401(k) plan prioritizes investments in environmental, social, and corporate governance (ESG) strategies at the expense of participants’ best interests.

Class Certification Motion

On Tuesday, Spence petitioned a Texas federal judge to certify a class encompassing over 100,000 individuals, consisting of all plan participants and beneficiaries since June 2017. Spence argues that class certification is a natural step in this case under the Employee Retirement Income Security Act (ERISA), given that all participants have allegedly suffered from the airline’s “unlawful, Plan-wide misconduct.”

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Unprecedented Legal Territory

This lawsuit, currently under consideration by Judge Reed O’Connor in the US District Court for the Northern District of Texas, stands out as one of the initial private-sector cases accusing a retirement plan fiduciary of breaching duties related to ESG investments.

Allegations Against American Airlines

Spence contends that global ESG funds have exhibited underperformance compared to the broader market over the past five years. By favoring these funds over alternative investments, American Airlines, according to Spence, is violating its duty to act solely in the interest of plan participants.

American Airlines’ Defense

In response, American Airlines has called for the dismissal of the case, labeling Spence’s legal theory as fundamentally flawed. The airline rejects the accusations and awaits a ruling on the merits of the dispute from Judge O’Connor.

Legal Representation

American Airlines is represented by O’Melveny & Myers LLP and Kelly Hart & Hallman LLP, while Hacker Stephens LLP and Sharp Law LLP are legal counsel for Bryan Spence.

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As the legal battle unfolds, the outcome of Spence v. Am. Airlines, Inc. could set a precedent for future disputes involving retirement plan fiduciaries and their responsibilities regarding ESG investments. The case is a focal point for the ongoing debate on balancing fiduciary duties and sustainable investment practices in the corporate world.

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Bar Exam Multiple-Choice Section Sees Modest Increase in Mean Scaled Score https://www.jdjournal.com/2023/09/01/bar-exam-multiple-choice-section-sees-modest-increase-in-mean-scaled-score/ https://www.jdjournal.com/2023/09/01/bar-exam-multiple-choice-section-sees-modest-increase-in-mean-scaled-score/#respond Fri, 01 Sep 2023 15:37:17 +0000 https://www.jdjournal.com/?p=132315 In a recent announcement by the National Conference of Bar Examiners (NCBE), the national mean scaled score for the July 2023 Multistate Bar Examination (MBE) has shown a modest increase. The MBE, a critical component of the bar exam, comprises 200 multiple-choice questions and plays a significant role in determining the fate of aspiring lawyers. […]

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In a recent announcement by the National Conference of Bar Examiners (NCBE), the national mean scaled score for the July 2023 Multistate Bar Examination (MBE) has shown a modest increase. The MBE, a critical component of the bar exam, comprises 200 multiple-choice questions and plays a significant role in determining the fate of aspiring lawyers. This news follows a year of rigorous preparation and anticipation for thousands of examinees across the United States.

The July 2023 MBE recorded a national mean scaled score of 140.5, marking a slight improvement over the previous year’s score of 140.3 for the July 2022 administration. While the increase may seem subtle, it carries substantial implications for individuals seeking entry into the legal profession. The bar exam is a pivotal moment for law graduates; even small score variations can influence their chances of success.

Rosemary Reshetar, the director of assessment and research at NCBE, expressed her insights into the outcomes of the July 2023 bar exam. She anticipates that the overall pass rates for this year’s exam will closely mirror those of the July 2022 administration. Reshetar highlighted the noteworthy trend of small score increases, particularly among repeat test-takers. This observation suggests that candidates who were retaking the exam have made progress in their preparations, potentially driven by a strong desire to secure their legal careers.

The statistics regarding the number of examinees also shed light on the evolving landscape of the bar exam. In July 2023, a total of 45,968 individuals took the Multistate Bar Examination, representing a 2.8% increase compared to the previous year. This rise in participation indicates a growing interest in pursuing legal careers and the enduring importance of the bar exam as a gateway to the legal profession.

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Breaking down the composition of July 2023 examinees, 75% were first-time test-takers, while 25% were repeaters. This distribution is notably different from the July 2022 exam, where 77% of examinees were first-timers, and 23% were repeat candidates. The shifting balance between first-time and repeat test-takers is an intriguing development, possibly reflecting changing trends in legal education and employment opportunities within the legal sector.

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For those anxiously awaiting their results, the NCBE also provided information on passing scores by jurisdiction and release dates for bar exam results. This information is crucial for candidates who are eager to know whether they have achieved the required scores to practice law in their respective states.

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U.S. Appeals Court Revives Pennsylvania Anti-Harassment Rule for Lawyers, Rejecting Constitutional Challenge https://www.jdjournal.com/2023/08/29/u-s-appeals-court-revives-pennsylvania-anti-harassment-rule-for-lawyers-rejecting-constitutional-challenge/ https://www.jdjournal.com/2023/08/29/u-s-appeals-court-revives-pennsylvania-anti-harassment-rule-for-lawyers-rejecting-constitutional-challenge/#respond Tue, 29 Aug 2023 18:39:54 +0000 https://www.jdjournal.com/?p=132240 The 3rd Circuit U.S. Court of Appeals has breathed new life into a Pennsylvania anti-harassment and anti-discrimination professional rule for lawyers. This decision, delivered on Tuesday, marks a reversal of a federal judge’s earlier ruling and dismisses a lawsuit that had challenged the rule’s constitutionality. The lawsuit had been filed by Zachary Greenberg, an attorney […]

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The 3rd Circuit U.S. Court of Appeals has breathed new life into a Pennsylvania anti-harassment and anti-discrimination professional rule for lawyers. This decision, delivered on Tuesday, marks a reversal of a federal judge’s earlier ruling and dismisses a lawsuit that had challenged the rule’s constitutionality.

The lawsuit had been filed by Zachary Greenberg, an attorney associated with the non-profit Foundation for Individual Rights and Expression. The court’s decision underscores the view that Greenberg failed to demonstrate that the professional conduct rule in question posed a legitimate threat to his free speech rights.

The essence of Greenberg’s claim rested on the assertion that the professional conduct rule, which closely mirrors a counterpart from the American Bar Association, could potentially infringe upon his ability to engage in presentations discussing offensive and derogatory language. However, the appeals court found this argument unsubstantiated, asserting that Greenberg’s planned speeches did not even approach the threshold of conduct that the rule sought to prohibit.

The appeals court panel highlighted that the rule exclusively addresses deliberate and intentional instances of harassment or discrimination against individuals. Consequently, the panel determined that Greenberg’s intended speeches were not within the ambit of the rule’s provisions.

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The court’s verdict serves as a victory for Pennsylvania’s attorney disciplinary board, which had introduced the rule in 2020 and subsequently made amendments following Greenberg’s initial legal challenge. The board’s actions were driven by the desire to address concerns raised during the litigation process. However, in March 2022, U.S. District Judge Chad Kenney declared an amended version of the rule unconstitutional.

In response to this setback, the attorney disciplinary board enlisted the services of experienced appellate advocate Lisa Blatt, a member of Williams & Connolly, to represent their interests during the proceedings before the 3rd Circuit.

The rule, which had garnered support from the American Bar Association and other legal associations, aimed to curb instances of harassment and discrimination on the basis of factors such as race, sex, and religion. While it enjoyed backing from certain quarters, the rule also faced opposition from conservative, religious, and civil rights groups. Critics argued that the rule’s provisions were open to misuse and misinterpretation.

In a concurring opinion, Judge Thomas Ambro suggested that Pennsylvania’s anti-harassment rule might still be vulnerable to future constitutional challenges, contingent upon a lawyer establishing the necessary standing to mount such a challenge. Ambro proposed that the state could proactively mitigate this risk by refining the scope of its anti-harassment rule.

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The decision brings into focus the intricate balance between free speech rights and professional standards within the legal realm. While acknowledging the importance of addressing potential instances of harassment and discrimination, the appeals court’s ruling reaffirms the significance of upholding robust free speech rights, particularly in the context of legal discourse and presentations on sensitive subjects.

This ruling is poised to have a lasting impact within Pennsylvania’s legal community and the broader legal landscape across the United States. It underscores the complexities of regulating attorney conduct while safeguarding fundamental constitutional rights, inviting further deliberation and potential adjustments in legal professional standards in the future.

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Lizzo Initiates Legal Steps Against Former Backup Dancers https://www.jdjournal.com/2023/08/25/lizzo-initiates-legal-steps-against-former-backup-dancers/ https://www.jdjournal.com/2023/08/25/lizzo-initiates-legal-steps-against-former-backup-dancers/#respond Fri, 25 Aug 2023 16:14:53 +0000 https://www.jdjournal.com/?p=132148 Renowned singer and performer Lizzo is reportedly embroiled in a legal dispute with her former backup dancers, who have accused her of “malicious prosecution.” The 35-year-old artist is confronting allegations of discrimination, creating a hostile work environment, and a range of misconduct claims from three former members of her dance troupe, known as the Big […]

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Renowned singer and performer Lizzo is reportedly embroiled in a legal dispute with her former backup dancers, who have accused her of “malicious prosecution.” The 35-year-old artist is confronting allegations of discrimination, creating a hostile work environment, and a range of misconduct claims from three former members of her dance troupe, known as the Big Grrrls. The dancers – Crystal Williams, Noelle Rodriguez, and Arianna Davis – have claimed they were subjected to sexual, religious, and racial harassment, disability discrimination, assault, and false imprisonment during their time working with Lizzo.

Lizzo’s attorney, Marty Singer, informed media outlet TMZ about the emergence of photographs depicting the dancers participating in a topless show in Paris. Singer stated that these images, showing the dancers in seemingly high spirits, will be instrumental in their defense against the allegations. In a statement to The Independent, Singer indicated that once the claims are dismissed, they plan to pursue legal action for malicious prosecution. He went on to describe the lawsuit as baseless.

In response to Singer’s remarks, Neama Rahmani, the attorney representing the accusers, spoke to TMZ, affirming their commitment to the case. Rahmani emphasized that the dancers were motivated to come forward due to what they perceived as an intolerable pattern of abuse. Rahmani asserted that the allegations made in the lawsuit were steadfast, and they are prepared to proceed to trial.

See also: Lawsuit Filed Against Lizzo by Former Dancers Alleging Hostile Work Environment

Lizzo, widely known for her hit “Truth Hurts,” shared her perspective on the ordeal. She expressed the emotional toll the accusations have taken on her, describing the aftermath as “gut-wrenchingly difficult and overwhelmingly disappointing.” The singer revealed that her work ethic, morals, and character had all been called into question. Via her social media channels, Lizzo addressed the allegations, highlighting that she usually chooses not to respond to false claims but deeming these accusations too sensational to ignore.

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Lizzo refuted the allegations, citing instances where the plaintiffs had been previously informed that their behavior during tours was deemed inappropriate and unprofessional. Drawing from her personal experiences, she also mentioned enduring body-shaming and stated unequivocally that she would never terminate an employee based on their weight.

The legal dispute sheds light on the complexities of the entertainment industry and the challenges faced by artists and their collaborators. Allegations of mistreatment and harassment within the music industry have gained increased attention in recent years, prompting conversations about accountability and the protection of workers’ rights.

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As the legal proceedings unfold, the spotlight remains on the conflicting narratives presented by Lizzo and her former backup dancers. The case highlights the importance of due process and the legal system’s role in resolving such disputes. With both parties firmly standing their ground, the courtroom will ultimately determine the validity of the claims and the appropriate course of action.

In an era where public figures’ actions are under constant scrutiny, this legal battle underscores the complexities of maintaining professional relationships while upholding standards of conduct and respect. As fans and observers await further developments, the case serves as a reminder of the challenges that can arise when personal and professional dynamics intersect in the entertainment realm.

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Law Schools Explore AI Integration Amid Industry Transformation https://www.jdjournal.com/2023/08/11/law-schools-explore-ai-integration-amid-industry-transformation/ https://www.jdjournal.com/2023/08/11/law-schools-explore-ai-integration-amid-industry-transformation/#respond Fri, 11 Aug 2023 16:33:36 +0000 https://www.jdjournal.com/?p=131825 Law schools are facing the challenge of incorporating swiftly evolving artificial intelligence (AI) technologies into their curricula, as the legal industry grapples with the transformative potential of AI. Professors and legal experts are considering how to seamlessly merge AI advancements, such as OpenAI’s ChatGPT, into classrooms while upholding academic integrity and preparing students for the […]

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Law schools are facing the challenge of incorporating swiftly evolving artificial intelligence (AI) technologies into their curricula, as the legal industry grapples with the transformative potential of AI. Professors and legal experts are considering how to seamlessly merge AI advancements, such as OpenAI’s ChatGPT, into classrooms while upholding academic integrity and preparing students for the ethical implications of utilizing these technologies.

Professor Polk Wagner from the University of Pennsylvania Carey Law School emphasized the importance of not completely banning AI tools. He stated that students must develop fluency in understanding AI’s capabilities and limitations to navigate the emerging ethical landscape. Major law firms are already experimenting with AI tools like ChatGPT for drafting legal briefs, conducting research, and generating text, images, or designs. This has prompted educators to assess how AI can be integrated effectively into legal education while promoting honesty among students.

However, mastering AI technology is proving to be a complex endeavor. As AI rapidly evolves, concerns arise regarding the accuracy of the information it generates and the ethical challenges it poses for legal professionals. Notably, two New York lawyers were fined in June for using AI to draft a brief riddled with errors, citing nonexistent precedents.

See also: Adoption of ChatGPT in Legal Sphere Sparks Debate Among Law Schools Over Its Role in Admissions

Federal judges are beginning to establish boundaries on AI’s courtroom applications, cautioning against excessive reliance on AI-generated content and encouraging attorneys to thoroughly vet outputs from tools like ChatGPT. These judges are also requiring lawyers to submit disclosures when AI-generated content is involved.

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Law schools are training aspiring lawyers while the legal industry navigates uncharted territory in terms of incorporating new tech tools. Linna has been integrating AI into his classes for over a decade, emphasizing the need to teach students how to utilize AI ethically and effectively. Similarly, Patrick Barry, who teaches “digital lawyering” at the University of Michigan, believes that teaching students to use AI correctly will enhance their legal writing skills and drive them to produce better work.

Despite concerns about potential cheating facilitated by AI, educators like Barry are not overly worried. He believes setting specific exam questions related to the course material can mitigate the risk of generic AI-generated answers.

See also: Legal Tech Revolution: How Artificial Intelligence is Transforming the Legal Industry

Some institutions have established guidelines for AI usage, permitting students to utilize AI for research or feedback purposes. George Washington University Law School, for instance, encourages innovation by allowing professors discretion in permitting, partially permitting, or restricting technology like ChatGPT, as long as academic integrity standards are upheld.

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Law schools are navigating uncharted territory as the legal landscape evolves by introducing AI into legal education. The challenge lies in effectively integrating these technologies and fostering an understanding of their ethical implications. AI is poised to revolutionize legal processes, and preparing future lawyers to wield this technology responsibly is a crucial step towards ensuring its positive impact on the legal profession.

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Purdue Global Law School’s Pursuit of Bar Exam Eligibility Sparks Debate https://www.jdjournal.com/2023/08/11/purdue-global-law-schools-pursuit-of-bar-exam-eligibility-sparks-debate/ https://www.jdjournal.com/2023/08/11/purdue-global-law-schools-pursuit-of-bar-exam-eligibility-sparks-debate/#respond Fri, 11 Aug 2023 16:29:51 +0000 https://www.jdjournal.com/?p=131822 Concord Law School, now rebranded as Purdue Global Law School, is pushing for a rule change from the Indiana Supreme Court to allow its graduates to sit for the state bar exam. Currently, only graduates from American Bar Association (ABA)-accredited law schools are eligible to take the test in the state. The institution’s new name […]

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Concord Law School, now rebranded as Purdue Global Law School, is pushing for a rule change from the Indiana Supreme Court to allow its graduates to sit for the state bar exam. Currently, only graduates from American Bar Association (ABA)-accredited law schools are eligible to take the test in the state. The institution’s new name comes as part of its acquisition by Purdue University, aiming to leverage the university’s reputation.

Purdue Global Law School caters to a unique demographic – its students have an average age of 45 and often work full-time jobs. The institution, founded in 1998 as the first fully online law school in the United States, has three graduation ceremonies annually. However, due to its non-ABA accreditation, its graduates can only take the California bar exam.

The law school’s endeavor to be recognized for the Indiana bar exam has been met with challenges. The school’s petition for the rule change was submitted to the Indiana Supreme Court in 2022. A subsequent working group report highlighted the proposal’s benefits and drawbacks.

See also: Ivy League Law Schools Boast Over $200,000 Median Annual Earnings for Graduates Four Years After Completion

Positives cited in the report include the increasing role of online education in legal studies, with Purdue Global Law School offering high-quality online course content. The report also acknowledges Purdue University’s prestigious academic standing and emphasizes the need for accessible legal education options, especially for residents in certain regions of Indiana.

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However, concerns were raised regarding the law school’s lower academic credentials compared to ABA-accredited institutions, potentially affecting the overall state bar pass rate. The report noted that graduates from ABA-accredited law schools tend to perform better on bar exams than those from non-ABA-accredited schools, including Purdue Global Law School.

Faculty resources emerged as another point of contention. The law school was reported to have significantly fewer faculty resources than well-established Indiana law schools, such as Notre Dame Law School and Indiana University’s Maurer and McKinney Schools of Law.

See also: 10 Best Hybrid/Online Law Degree Programs For 2022

The Indiana State Bar Association opposed the proposal, emphasizing the importance of a reliable accreditation process to ensure a quality legal education. The deans of Maurer and McKinney Law Schools and the Indianapolis Bar Association also submitted comments opposing the rule change.

Despite the challenges, Martin Pritikin, Dean of Purdue Global Law School, remains optimistic about the potential benefits of the rule change. He views the institution as an opportunity for students seeking an alternative legal education experience. Pritikin acknowledged that the court might face resistance from entrenched interests but believes that the move would ultimately benefit Indiana’s legal education landscape.

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Notably, Purdue Global Law School has chosen not to pursue ABA accreditation at this time. This decision is rooted in the financial considerations associated with establishing a physical campus and in-person classes, which could raise operating costs significantly and limit flexibility for its predominantly working student demographic.

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