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Some law school deans thought recent communication from U.S. News & World report indicated that the magazine's rankings were about to ignore the recommendations of the American Bar Association. It turns out that U.S. News is preserving that option, but hasn't decided what to do. At issue is one of the recommendations of a special ABA panel that last month proposed numerous changes in legal education. One of the focuses of the ABA panel was the widespread criticism that law school is too expensive and that, at many law schools, spending that forces up tuition rates may not be improving the student experience. The panel specifically cited the impact of U.S. News including spending (expenditures per student) in its methodology. "This encourages law schools to increase expenditures for purpose of affecting ranking, without reference to impact on value delivered or educational outcomes, and thus promotes continued increase in the price of law school education." The panel urged U.S. News to stop including the measure in its methodology.

As a result, some law deans were disturbed to get this year's information request from U.S. News, with the same expenditure questions as in years past. One unnamed dean wrote on the blog Brian Leiter's Law School Reports: "While the decision to rank schools according to how much they spend has always been corrosive, perverse, and misleading, it is particularly disturbing to see U.S. News continue to do so in light of the above and in light of the urgent need for law schools to hold down costs and limit expenditures in order to minimize student debt."

Robert Morse, who directs the rankings at U.S. News, via e-mail confirmed that the questions were being asked but he said it was inaccurate to say that the information will be used in the next rankings. But he said that the rankings operation "has not made a determination at this time if there will be any change in the upcoming best law schools  ranking methodology."