law deans - JDJournal Blog https://www.jdjournal.com Sun, 06 Oct 2024 15:00:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 ABA's Proposed Diversity Standard Changes Face Opposition from Legal Education Groups https://www.jdjournal.com/2024/10/06/abas-proposed-diversity-standard-changes-face-opposition-from-legal-education-groups/ https://www.jdjournal.com/2024/10/06/abas-proposed-diversity-standard-changes-face-opposition-from-legal-education-groups/#respond Sun, 06 Oct 2024 15:00:00 +0000 https://www.jdjournal.com/?p=136799 Recent changes proposed by the American Bar Association (ABA) to its diversity and inclusion standards for law schools have sparked strong opposition. Numerous legal education organizations and experts argue that these revisions could potentially undermine the progress made in promoting diversity within law schools. The debate comes after a public comment period ended on September […]

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Recent changes proposed by the American Bar Association (ABA) to its diversity and inclusion standards for law schools have sparked strong opposition. Numerous legal education organizations and experts argue that these revisions could potentially undermine the progress made in promoting diversity within law schools. The debate comes after a public comment period ended on September 30, following last year’s U.S. Supreme Court ruling against affirmative action policies.

Legal Groups Push Back Against Standard 206 Revisions

Among the critics of the proposed changes are 44 law school deans, the ABA’s Diversity, Equity, and Inclusion Center, the NAACP Legal Defense and Educational Fund, and other legal bodies. They have expressed concerns over the revisions to Standard 206, which is currently titled “Diversity and Inclusion.” The new proposal aims to rename it “Access to Legal Education and the Profession,” with substantial changes to its language. Critics argue that the proposal threatens to reverse the ABA’s long-standing commitment to ensuring diverse student bodies in U.S. law schools.

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Current vs. Proposed Language

Presently, Standard 206 mandates that law schools provide full opportunities for racial and ethnic minorities while maintaining diversity in terms of gender, race, and ethnicity. The proposed version, however, eliminates this specific language, instead emphasizing access for “persons including those with identities that historically have been disadvantaged or excluded from the legal profession.” Critics worry that this shift waters down existing commitments to diversity and inclusion, potentially making it easier for law schools to move away from those values.

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Law Deans and Professors Express Concern

In their response to the ABA’s proposal, the group of deans stated that the changes “go further than the law requires” and pose a significant risk to efforts in diversifying the legal profession. They argue that law schools could abandon their commitments to diversity under the new standard. A separate group of 74 law professors echoed this sentiment, stating that the proposal “overreacts” to the Supreme Court decision and could hinder ongoing efforts toward creating more inclusive legal education environments.

Some Support the ABA’s Changes

While opposition is strong, not all commentators disagree with the revisions. The Ohio State Bar Association, for instance, expressed support for the ABA’s efforts to align with the Supreme Court’s ruling while still promoting increased access to the legal profession for historically underrepresented groups.

Call for Compromise on Language

On the other hand, a group of 19 attorneys general from Democratic-led states offered conditional support for the changes. While they back the revisions, they urged the ABA to retain the word “diversity” in the name of the standard. This, they argue, would preserve a focus on diversity without contradicting the Supreme Court’s ruling.

Conclusion: A Heated Debate on Diversity in Legal Education

As the ABA considers these proposed changes to its diversity standard, the legal community remains deeply divided. Many fear that the revisions could undo years of progress toward making the legal profession more inclusive, while others see the changes as a necessary step in complying with legal precedent. The council of the ABA Section of Legal Education and Admissions to the Bar faces a challenging decision as it balances these competing perspectives.

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Proposal Sparks Debate Over Accreditation of Online Law Schools https://www.jdjournal.com/2024/04/04/proposal-sparks-debate-over-accreditation-of-online-law-schools/ https://www.jdjournal.com/2024/04/04/proposal-sparks-debate-over-accreditation-of-online-law-schools/#respond Thu, 04 Apr 2024 21:00:00 +0000 https://www.jdjournal.com/?p=136067 A recent proposal put forth by the American Bar Association (ABA) to accredit fully online law schools has ignited a contentious debate within the realm of legal education. This proposition, aiming to revise standards to allow accreditation for law schools lacking physical campuses, has encountered significant resistance, particularly from 26 law school deans representing various […]

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A recent proposal put forth by the American Bar Association (ABA) to accredit fully online law schools has ignited a contentious debate within the realm of legal education. This proposition, aiming to revise standards to allow accreditation for law schools lacking physical campuses, has encountered significant resistance, particularly from 26 law school deans representing various esteemed institutions.

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Concerns Raised by Opponents

Notable among the dissenting voices are representatives from prestigious institutions like Villanova University Charles Widger School of Law, the University of California at Berkeley School of Law, and Penn State Dickinson Law. These deans have expressed apprehension primarily due to the lack of sufficient data regarding the bar pass rates and employment outcomes of graduates from online law programs.

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ABA’s Proposal and Public Feedback

The ABA’s council of the Section of Legal Education and Admissions to the Bar initiated the proposal in November, voting to solicit public feedback on the suggested standard modifications. Currently, only traditional brick-and-mortar law schools can achieve accreditation for fully online Juris Doctor (JD) programs, with graduates exclusively eligible to sit for the bar exam.

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Arguments for and Against

Supporters of the proposed changes advocate for them as a means to democratize legal education, positing that they could mitigate the escalating costs associated with pursuing a law degree and broaden access to legal studies. However, opponents, represented by the aforementioned deans, contend that the rationale behind the proposed revisions remains unclear, and the potential ramifications for educational quality warrant further scrutiny.

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Voices of Concern and Opposition

Dean Alberto R. Gonzales of Belmont University College of Law shares these sentiments, expressing concern that transitioning to fully online law degrees might compromise the educational outcomes for students. Similarly, the Illinois Board of Admissions to the Bar has voiced opposition to the proposal, aligning with the concerns raised by the dissenting deans.

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Endorsements and Support

On the other hand, endorsements for the ABA’s amendment have come from entities such as the State Bar of Montana and the Indiana Supreme Court. Notably, the latter has implemented measures to allow graduates from non-ABA accredited schools to petition for bar exam eligibility, citing the need to address attorney shortages. Additionally, proponents of online legal education, including students, faculty, and alumni of Purdue Global Law School, the purported oldest online law school in the United States, have rallied in support of the proposed changes.

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Decision-Making Process and Anticipated Deliberation

The decision-making process rests with the ABA council, which is scheduled to convene in May. However, given the significant implications of the proposed alterations and the potential disruption they may entail for existing institutions, multiple rounds of public commentary and deliberation are anticipated.

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Balancing Accessibility and Quality in Legal Education

As the legal education landscape evolves, debates surrounding accreditation standards for online law schools underscore the ongoing quest to balance accessibility, educational quality, and regulatory oversight within the legal profession.

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