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American Bar Association Section of Legal Education and Admissions to the Bar

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American Bar Association Section of Legal Education and Admissions to the Bar
NameAmerican Bar Association Section of Legal Education and Admissions to the Bar
Formation1893
TypeProfessional association section
HeadquartersChicago, Illinois
Parent organizationAmerican Bar Association

American Bar Association Section of Legal Education and Admissions to the Bar is the unit of the American Bar Association responsible for accrediting law school programs and overseeing standards for bar examination eligibility in the United States. The Section develops accreditation standards, conducts site visits, and issues reports that affect institutions such as Harvard Law School, Yale Law School, Columbia Law School, Stanford Law School, and regional schools including University of Michigan Law School, University of Chicago Law School, and Georgetown University Law Center. It interfaces with regulatory bodies such as the National Conference of Bar Examiners, the Council of the Section of Legal Education and Admissions to the Bar, and state supreme courts including the New York Court of Appeals, the Supreme Court of California, the Supreme Court of Texas, the Massachusetts Supreme Judicial Court, and the Florida Supreme Court.

History

The Section traces its roots to the late 19th century amid reform movements associated with figures like Roscoe Pound, Christopher Columbus Langdell, and institutions such as Harvard Law School, Columbia Law School, and the University of Pennsylvania Law School. Early actions responded to critiques from commentators including Louis D. Brandeis, Felix Frankfurter, and organizations like the Carnegie Foundation for the Advancement of Teaching and the Council on Legal Education Opportunity. During the 20th century the Section implemented standards influenced by events including the Great Depression, World War II mobilization affecting United States Military Academy graduates, and later adaptations following reports by panels chaired by jurists such as Warren E. Burger and commentators like A. Leon Higginbotham Jr..

Organization and Governance

Governance occurs through elected bodies including the Section Council, accreditation committees, and visiting teams drawing members from law faculties at Harvard Law School, Yale Law School, New York University School of Law, University of California, Berkeley School of Law, Northwestern Pritzker School of Law, Duke University School of Law, University of Pennsylvania Law School, Vanderbilt University Law School, and practitioners from firms like Cravath, Swaine & Moore, Skadden, Arps, Slate, Meagher & Flom, and Latham & Watkins. Leadership roles have been held by deans and judges from panels including the U.S. Court of Appeals for the Second Circuit, the U.S. District Court for the Southern District of New York, and state supreme courts. The Section collaborates with entities such as the Association of American Law Schools, the National Association for Law Placement, and the Council on Legal Education Opportunity for policy and outreach.

Accreditation and Standards

The Section promulgates the Standards and Rules of Procedure for Approval of Law Schools, which govern curricular requirements, faculty scholarship expectations, library resources, student services, and bar passage metrics affecting schools including Boston University School of Law, University of Virginia School of Law, Notre Dame Law School, University of Texas School of Law, Emory University School of Law, and University of California, Los Angeles School of Law. Accreditation decisions are rendered after evaluation by site visit teams and the Accreditation Committee, with appeals to the Section’s Council and, in some cases, judicial review in circuits such as the United States Court of Appeals for the D.C. Circuit or state courts including the New York Supreme Court, Appellate Division. The Section’s standards have intersected with legislation such as provisions advanced in state legislatures and with federal considerations raised by actors like Department of Education (United States) officials.

Role in Law School Admissions and Bar Admissions

The Section influences admissions by setting standards for enrollment practices, admission transparency, and disclosures that affect recruitment at institutions like Michigan State University College of Law, George Washington University Law School, Arizona State University Sandra Day O'Connor College of Law, and University of Florida Levin College of Law. Its policies on experiential learning, externships, and clinical education shape eligibility criteria tied to bar admission determinations overseen by state bar authorities such as the State Bar of California, the New York State Board of Law Examiners, the Texas Board of Law Examiners, and the National Conference of Bar Examiners. The Section has addressed issues including transfer credit, part-time programs, and distance education models used by schools such as Syracuse University College of Law and American University Washington College of Law.

Policies, Reports, and Publications

The Section issues accreditation reports, policy statements, and periodic assessments that engage stakeholders including deans from Harvard Law School, Yale Law School, Columbia Law School, and faculty associations such as the Association of American Law Schools. Publications and reports have examined bar passage trends, clinical education, diversity initiatives connected to organizations like the American Constitution Society and the Federalist Society, and workforce outcomes tracked by the National Association for Law Placement. The Section’s proceedings and newsletters disseminate findings cited by scholars in venues like the Harvard Law Review, Yale Law Journal, Columbia Law Review, and policy analyses by think tanks including the Brookings Institution and the American Enterprise Institute.

Criticisms and Controversies

Critiques have arisen regarding the Section’s emphasis on metrics such as bar passage rates and employment statistics, prompting challenges from deans and organizations including the Association of American Law Schools, public interest advocates like the National Lawyers Guild, and legal academics such as Larry Kramer and Carissa Hessick. Litigation and public debates have involved law schools contesting accreditation findings in courts like the United States Court of Appeals for the Ninth Circuit and state tribunals, and disputes over recognition of online programs prompted attention from the U.S. Department of Education (Office of Postsecondary Education), higher education coalitions, and state bars including the Illinois Supreme Court. Additional controversies have involved allegations of inconsistent enforcement, transparency questions raised by journalists at outlets such as The New York Times and The Wall Street Journal, and policy pushes related to access and affordability discussed by entities like the Gates Foundation and Soros-funded initiatives.

Category:American Bar Association