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    Second Mode Inclusion Claims in the Law Schools

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    This paper assesses the recent proliferation of diversity and inclusion claims in law schools across the United States, often articulated by racial and ethnic minority students. On campus, and in the larger culture, the minority students’ claims are often seen as new, radical, and difficult to accurately describe and adequately remedy. At times, the protesters have described classroom and campus environments where language, symbols, and other forms of diffuse power operate to the systematic disadvantage of racial minorities, and these students have also asserted the desire to redistribute power and authority within the university. However, this paper argues, by setting out the long history of inclusion claims in higher education, that the difficult issues raised by these claims are hardly novel. Historically, claims that seemed like calls for simple removal of barriers to participation in educational institutions have been inseparable from claims that assert that the core culture of the institutions must be reoriented for full inclusion to take place. Inclusion claims have often moved easily from one mode to another. Law schools have responded to the recent protests by proposing changes — many of them creative — that nonetheless exist within the normal and expected way of doing business within a university. The protesters, by contrast, have described legal education in a manner would require changes in the functioning of law schools that would correctly be regarded as controversial, even revolutionary. Nonetheless, these are the true stakes behind the most recent round of inclusion claims, just as they have been ever since the beginnings of the civil rights era

    The Power of Imagination: Diversity and the Education of Lawyers and Judges

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    Although there are persuasive arguments for the benefits of diversity throughout higher education, a particularly compelling argument can be made for diversity in legal education, based on the distinctive mission, concerns, and pedagogy of legal education. In making that argument, this paper takes seriously Justice O’Connor’s insight in Grutter v. Bollinger, 539 U.S. 306 (2003), that “context matters” when courts consider the constitutionality of race-conscious admissions programs, as well as Justice Powell’s thoughtful reflections on the particular aims of professional education in Regents of the University of California v. Bakke, 438 U.S. 265 (1978). Legal education was the immediate context involved in Grutter, of course, but Justice O’Connor mainly focused on the context of higher education more generally. As the value of diversity continues to be questioned across the board, this paper suggests that Justice O’Connor’s insight might be further developed, so that more carefully tailored arguments can be made with respect to the value of diversity in specific educational contexts. In the case of legal education, the paper suggests, a strong argument for diversity may be made specifically in terms of the work that lawyers and judges do. Whether in litigation or in transactional work, the effective lawyer is one who is capable of understanding and appreciating the values, motivations, and interests of the other parties, as well as those of his or her client. The effective lawyer must also be able to understand how the other parties’ values, motivations, and interests relate to those of his or her client, and the effective lawyer must be able to counsel and otherwise represent his or her client in accordance with that knowledge. If anything, it is even more essential that judges be able to understand and appreciate the values, motivations, and values of those who are unlike themselves in every way. Effective lawyering and judging therefore requires professional imagination and judgment, the cultivation of which must begin in law school and requires above all that students be encouraged to see the kinds of issues they will confront in practice from the perspectives of others. That does not come easily or naturally. As this paper suggests, it requires a certain kind of educational experience in which students are actively exposed to a diversity of ideas and considerations, and a diverse student body is critically important to that educational process

    Before the JD: Undergraduate Views on Law School

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    From 2010 to 2015, law schools experienced a sharp decline in applications and enrollment, while many other graduate and professional programs stayed flat or experienced a modest increase in both. Journalists, lawyers, and legal education experts offered theories on why law schools experienced such a dramatic drop, but little research was available about how undergraduate students make decisions—about post-graduate education generally or legal education specifically. This lack of research is a marked contrast to the volume of studies on how high school students make decisions about college. The nation needs diverse, talented, and well-educated lawyers and judges if it is to continue to strengthen and benefit from the rule of law. Understanding of the factors that lead to the decision to attend law school will enable colleges and universities to provide better information to prospective students. It will also guide schools in developing courses and programs that better match the goals of incoming law students. Before the JD is the first known survey in more than 50 years aimed at gathering first-hand undergraduate views on graduate and professional school in general and law school in particular

    The Price of Graduate and Professional School: How Much Students Pay

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    Like tuition and fees for undergraduate students, prices for graduate and professional study have risen rapidly over time. But average published prices tell us little about how much students actually pay. Despite high sticker prices, many students enrolled in research doctoral degree programs pay no tuition and fees because institutional grant aid, fellowships and tuition waivers cover these charges. Master’s degree students and those in professional practice degree programs are much less likely to receive this assistance. In 2011–12, one-third of full-time graduate and professional degree students received grant aid from their institutions. This included 71 percent of research doctoral students, compared with 38 percent of master’s and 42 percent of professional degree students. After an overview of how graduate school prices have changed over time, this brief provides detailed information on published and net prices for students continuing their education beyond a bachelor’s degree

    ABA 509 Required Disclosures

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    The American Bar Association requires that all ABA-approved law schools submit an annual information report. This source contains data on: School Type and Academic CalendarFaculty and AdministratorsCurricular OfferingsTuition and FeesGrants and ScholarshipsFirst Year ClassEnrollmentAttrition and Transfer

    Bar Passage Reports, Post-2017

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    This source includes data on bar passage rates among first-time takers and ultimate bar passage rates among graduates from the previous two calendar years. At its meeting in June 2017, the Council of the ABA Section of Legal Education and Admissions to the Bar approved a new Bar Passage Questionnaire. Bar passage information is no longer collected in the Annual Questionnaire. By moving the bar passage data collection to a different questionnaire, the Council will get more timely collection of data

    The Paradox of Minority Attorney Satisfaction

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    A substantial literature documents the challenges faced by minority attorneys in the legal profession, ranging from underrepresentation in prestigious practice settings and lower incomes to discrimination from fellow lawyers, clients, and judges. In light of the foregoing, one would expect minority attorneys to regret their decisions to attend law school and become lawyers. Yet, empirical research indicates that minority attorneys are predominately satisfied with their decision to become attorneys and that their satisfaction is on par with that of white attorneys. How to account for this seeming paradox? Drawing on data from a large cross-section of Texas lawyers, this is the first study to address and assess empirically the paradox of minority attorney satisfaction. We provide evidence that the drivers of white and minority attorneys’ satisfaction differ and may be rooted in different value systems. In particular, minority attorneys’ satisfaction is unaffected by their academic performance in law school or earnings from legal practice. Moreover, they are especially satisfied in nominally low status solo practitioner positions. This article concludes by advancing possible explanations for these differences

    Diversity and Inclusion from the Top Down

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    In this episode I am excited to have Robyn Pollack on to talk about the implementation and practice of diversity and inclusion, and treating it not as something we have to correct or fix, but rather who we are and our daily mission. Robyn Pollack is CEO and Founder of Trellis Consulting LLC. A business strategist with an expertise in diversity and inclusion, Robyn increases financial return by teaching organizations to leverage their D&I initiatives more effectively. She was a restructuring lawyer for 20 years and addresses D&I issues through a distinct, business-oriented, strategic lens. She is also an adjunct professor at Temple University’s Beasley School of Law, where she earned her J.D. Topics Covered Her background in law, why she left, and what her company does in terms of diversity and inclusion for law firms and other business. We also talk about women and risk-taking in law.Turning a passion into a profession – how she had been involved in D&I issues throughout her career, and it only made sense when she decided to focus on it full-time.D&I in the law – what has to change and how to get there. She talks about how her law school classes are very diverse, but how does that translate into practice.The importance of building cultures of trust, value, and respect – having authentic, transparent cultures

    Examining Value, Measuring Engagement: A National Study of the Long-Term Outcomes of a Law Degree

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    By 2019, over 3 million Americans will be enrolled in a graduate program. This is an important and difficult choice for most students, given the time, money and uncertain job prospects associated with advanced degrees. The decision to attend law school is particularly challenging, as student loan burden and job market competitiveness have increased significantly since the end of the Great Recession. Furthermore, as noted by the National Task Force on Lawyer Well-Being, the legal profession is “at a crossroads” caused by a dwindling market share, waning public confidence and mental health issues among lawyers. These challenges call for a closer examination of the value of a law degree and its unique offerings compared with other advanced degrees. The Gallup-AccessLex Institute study of Juris Doctor (J.D.) degree holders provides important insights for educators, employers, law school alumni and prospective students about the factors that contribute to great jobs, lives and experiences for law school graduates. A law degree is one of the most valuable advanced degrees as evaluated by law graduates and other degree holders. As described in the key findings, most law graduates strongly agree that they would still get a J.D. if given the opportunity to go back and do it all over again. Furthermore, nearly half strongly agree that their degree was worth the cost. While many recent law graduates have negative views of the J.D., graduates who are more advanced in their careers tend to have higher levels of well-being and more positive assessments of the value of a J.D

    Law School Tuition

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    Nationwide averages from 1985 to 2013 come from the American Bar Association. Starting in 2014, Law School Transparency calculates the nationwide average from individual schools, using data the schools reported to the American Bar Association. LST uses the Consumer Price Index (CPI-U) for inflation, which covers 89% of the total U.S. population. LST uses normal averages rather than weighted averages for the nationwide averages in 2014 and later. The ABA uses normal averages from 1985 to 2013

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