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Law Deans Criticize Their Accreditor

April 21, 2006

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It seems to be open season on accreditors, at the macro and micro levels. Nationally, the federal commission reviewing American higher education is closely scrutinizing the role accreditation plays in ensuring the quality -- or not -- of colleges and universities. And as the American Bar Association's accrediting arm seeks U.S. Education Department recognition to continue overseeing the nation's law schools, it is taking shots from all sides.

First, several groups that oppose affirmative action have blasted the bar association's Section of Legal Education and Admissions to the Bar for diversity  standards that the critics say would force law schools seeking ABA accreditation to commit to giving admissions preference to members of minority groups. (Officials of the ABA say the rules allow but do not require law schools to consider race in admissions.)

Now the ABA's accrediting section is being challenged by some of its own: the heads of many prominent law schools. The Board of Directors of the American Law Deans Association, which was established in part out of concern about overregulation of law schools, has urged the Education Department to challenge ABA standards on the hiring and employment of faculty members that it says "are not only extraneous to the process of 'assuring the quality of [legal] education,' but also that improperly intrude on institutional autonomy in seeking to dictate terms and conditions of employment."

Specifically, the letter from the deans' association's board -- which includes representatives of such leading law schools as those at Cornell, Duke, Harvard and Northwestern Universities and the University of Chicago -- questions a set of ABA requirements that dictate that law deans, law school library directors, and faculty members in law school clinics should be granted tenure or longterm contracts that provide a form of security and academic freedom equivalent to those ensured by tenure.

"Professional organizations can be expected to advocate job security for its members. And it is certainly within the discretion of a law school to decide whether to adopt such a policy," the law deans wrote in their letter to the Education Department. "But it should not be within the realm of an accrediting organization, certainly one bearing the imprimatur of the Secretary of Education, to translate advocacy for specific economic terms into prescribed conduct. This is an abuse of the power that the accrediting agency has secured by means of its governmental recognition."

The deans' group says the department should require the ABA to prove how the employment requirements ensure the quality of the education provided to students, and "require the ABA to revise or rescind these standards prior to granting continued recognition." The department's National Advisory Committee on Institutional Quality and Integrity, which is responsible for granting approval to accreditors to operate, meets June 5-7 to consider the ABA situation.

Saul Levmore, dean of the University of Chicago's law school and current president of the deans' association, said the group's letter should be viewed in a larger context of unhappiness with the role that professional and specialized accreditation can play in dictating how institutions behave. By imposing common standards on a set of institutions, he said, accreditation can act as a "barrier to entry" to new players in a field and can impose an orthodoxy that can limit experimentation. "I believe that not every law school needs to be the same, and accreditation tends to produce homogenization," said Levmore.

Officials at the ABA declined to comment on the law school deans' letter, saying that to do so would undermine the process that the Education Department has in place.

A spokeswoman for the bar association, Nancy Slonim, said the group would respond to the deans' group through that process, and that any other comment would be "premature."

But some others have criticized the deans' group. Some bloggers and other commenters have noted that the letter to the Education Department appears to represent the deans' group and all its 110 members, when the members themselves never had a chance to vote on its content. In an interview, Levmore said that the subject had been discussed at the group's annual meeting last year and that the group's leaders made it clear that they planned to head in this direction. "Many people were favorable," Levmore said, though he acknowledged some opposition.

Representatives of the groups whose tenure the letter from the deans' association appears to target -- clinical educators and legal librarians -- have also objected to the deans' approach. Eliminating tenure or tenure-like protections, they said, could discourage law schools from starting or keeping potentially creative or controversial clinical programs.

Even some law deans who support the position taken by the law deans' association took issue with the way it raised the issue. Leonard P. Strickman, dean of Florida International University's College of Law, said in an e-mail message that the ABA should not be dictating employment standards and that the "most important virtues of tenure can be addressed by standards relating to the protections of academic freedom without reference to terms or conditions of employment."

But he said he had "some concern with ALDA's decision to take this argument to the U.S. Department of Education before trying harder to win the case within the ABA."

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Comments on Law Deans Criticize Their Accreditor

  • Posted by Larry on April 21, 2006 at 7:55am EDT
  • I can’t believe they said this out loud. For years, deans have despised the idea that people other than “hot shot” academic professors might be treated as professors. Even though law librarians and clinicians perform substantive work, publish, and can be judged objectively on their accomplishments, it has always bothered law deans that they somehow are not the fine specimens of legaldom that terrorize (or seduce) 1Ls, blog, and write law review articles.

    If any of the ABA’s requirements have kept law school the least bit practical, it has been the requirement that schools take these fields seriously. Without tenure, law libraries could be run by people with no background in this quite complex field (which is decidedly different than running other kinds of research libraries) and clinic positions would become part-time positions to be filled with bored adjuncts.

    It is also quite ironic that established (and elite) law schools are complaining about “barriers to entry” for new law schools. The real barriers to entry have little to do with accreditation per se, and have to do with the fact that new law schools will be regarded as diploma mills until such time as they can place their students in academe or real jobs.

  • Response to Law Deans Posting
  • Posted by William Sumner Scott on April 21, 2006 at 8:00am EDT
  • Mr. Lederman uses the words "prominent" and "leading" to describe law schools. Who are those schools and how are they selected.

    Doctor Leonard P. Strickman, dean of Florida International University’s College of Law, is relatively new to the ABA communication process. Once he is at it awhile, he will learn the ABA rarely listens and never responds. Too much concentrated power.

    Bill
    William Sumner Scott, J.D.
    Judicial Equality Foundation, Inc.
    wss@jefound.org

  • Posted by Larry on April 21, 2006 at 8:55am EDT
  • The ABA’s committees listen and respond all the time. In fact, it is fairly easy to get involved in any one of its committees (even those people love to hate).

    However, once people do get involved they see that while the ABA might be imperfect, it does serve many of the needs of the legal community quite adequately. In this case, many people actually do believe that tenure, in addition to protecting academic freedom, assures that there will be a high-quality of serious, well-credentialed applicants to jobs who will take them seriously.

  • ABA's "Diversity" Requirement
  • Posted by John Rosenberg on April 22, 2006 at 7:55pm EDT
  • Mr. Lederman's article would have been useful if he had reported the actual language in the ABA's proposed new "diversity" standard. If he had done so, the ABA's denial that the proposal would actually require law schools to engage in racial preferences would have been revealed as, at best, disingenuous. I have discussed this matter in greater detail here:

    http://www.discriminations.us/2006/04/reluctance_to_call_required_pr.html

    ... which cites earlier discussions as well.

  • Leonard Strickman, etc
  • Posted by Betsy McKenzie on May 9, 2006 at 11:55am EDT
  • Leonard Strickman is one of the most experienced deans around. The fact that he is new to a law school that is awaiting accreditation may be confusing, but he has "deaned" for many years at many law schools and has been very involved at the ABA. He knows very well about how the ABA works. He is, as they say, "connected." That is part of why he was hired, to help get the law school accredited.