The Unranking of American Law Schools
In a sudden move, a herd of top law schools puts progressive politics over prestige.
The implosion of the U.S. News & World Report law school rankings is the latest sign that the world of legal education is in a state of upheaval. The stampede of prestigious schools away from the rankings has alternatively been seen as a loosening of outdated metrics that stand in the way of progress or a headlong repudiation of merit on the part of those training future officers of the court.
U.S. News describes its own methodology, one that now will have far fewer subjects, as one that evaluates âinstitutions on their successful placement of graduates, faculty resources, academic achievements of entering students, and opinions by law schools, lawyers and judges on overall program quality.â
The movement away started with the consensus no. 1 school, Yale. Once it pulled out, Harvard, Berkeley, Georgetown, Columbia, UCLA, Stanford, Michigan, and Duke followed, throwing the rankings into a state of crisis. NYU, Virginia, Penn, and Cornell are the only members of the so-called Top 14 schools that have not bolted.
Those rankings have become U.S. Newsâs calling card and lean heavily on such quantitative measures as the Law School Admission Test. The LSAT is a skills based exam that tests logical-reasoning, and thus is in theory less tied to studentsâ educational, social, or economic background.
The University of Chicago, which this year claimed the third spot, is sticking with the rankings. Chicagoâs dean, Thomas Miles, writes in a note to students that the ârankings of academic institutions clearly have a readershipâ and warns that absconding would generate âinaccurate information.â
Mr. Miles goes on to cite his universityâs âdedication to the free expression of ideas and to questioning viewpoints,â and declares that âour aim is not to suppress opinions.â Most of the information plugged into the ranking system is, he adds, âalready public.â Chicago aspires to âunabashed enthusiasm for the life of the mind.â
Yaleâs dean, Heather Gerken, articulates a contrary view. She notes that her school has âtaken the top spot every year.â Nevertheless, she reckons that the âU.S. News rankings are profoundly flawed â they disincentivize programs that support public interest careers, champion need-based aid and welcome working-class students into the profession.â
A panel at the American Bar Association has chimed in as well, recommending an end to the requirement that law schools demand from applicants results of the LSAT or another standardized test. That would free schools to devise admissions processes free from the exam, which dates back to 1948. If approved, that change is not expected to go into effect until 2025.
One member of the panel, the dean emeritus of UC Hastings, opined, according to the Wall Street Journal, that in the âgrand scheme of things, folks of color perform less well on the LSAT than not, and for that reason, I think we are headed in the right direction.â
The rise of standardized testing as a criteria of evaluation for admission suggests that the intent was otherwise. Nicolas Lemannâs âThe New Elite: The Secret History of the American Meritocracy,â argues that the âestablishment of a regime of standardized aptitude testâ was meant to âgenerate a new American leadership eliteâ and âset up a new social order during the second half of the twentieth century.â
At the core of this new approach was the Scholastic Aptitude Test. Derived from Army intelligence exams, it had its debut in 1926 as a way to provide a more âobjectiveâ basis for admissions, in stark contrast to the effort by such titans as Harvardâs president, Abbott Lawrence Lowell, to use criteria such as âcharacter and fitnessâ to shape incoming classes.
The founder of Original Jurisdiction, David Lat, tells the Sun that the law schools that have abandoned the rankings are eager to âmake changesâ to how they evaluate applicants without âworrying about the consequences.â Ditching the metrics will give schools âleeway at the marginsâ to take whom they like â say, a novelist whose creative talent wasnât captured by the LSAT.
The flight from the rankings takes place against the backdrop of a pair of cases before the Supreme Court, whose disposition could reorder the admissions landscape. Students for Fair Admissions v. University of North Carolina and SFFA v. Harvard, argued last month, turn on whether the use of race in admissions violates either federal law or the Constitution or both.