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« Sure, it's not about confiscation | Main | Maybe California's right »

ABA censures, fines Rutger-Camden Law School

Posted by David Hardy · 6 December 2013 06:33 PM

It's punishment for using tests other than the Law School Admission Test to admit incoming students. You'd think a law school ought to be allowed to create its own standards for admission, but ABA says no. The fine is presumably to be enforced by "pay up, or we won't certify you."

A strange situation generally. Understand, the American Bar Assn is a private group. Membership in it is not required to practice law. (State bar membership is generally required). So it's a private club, of a small minority of attorneys, mostly big-firm types.

To practice law anywhere that I know of, you have to pass the bar exam, run by the State bar. That's understandable. But even if you are capable of passing it, you are only allowed to take it after graduating from a law school. That's ... well, not totally understandable, but somewhat so. And the law school must be certified by the ABA, which is a private club. That's hardest to justify. It's not like this club just assesses the adequacy of a school.. They have elaborate standards (such as this one, relating to whom the school can admit). Other standards require, as I recall, that a high percentage of faculty be full time, and that no part-timer can teach a first year course. (Thus a skilled personal injury attorney cannot teach Torts 101 or Evidence part time, subjects about which he knows far more than a full time prof who's never been in a courtroom). This of course benefits the faculties.

Bottom line: why should a government occupational permit depend upon whether your school met standards imposed by a private club, that comprises but a small part of the occupation at issue, and has its own agendas?

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