Comments on Look-Back Periods and Eventual Bar Passage Rates

10 Pages Posted: 1 Aug 2012

See all articles by Gary S. Rosin

Gary S. Rosin

South Texas College of Law Houston

Date Written: July 31, 2012

Abstract

In its current review of the ABA Standards and Rules of Procedure for Approval of Law Schools, the Standards Review Committee (SRC) had decided against proposing substantive changes to minimum Bar-passage standards for law schools. At its July 2012 meeting, the SRC indicated that it may be reconsidering the five-year “look-back” period for eventual Bar passage rates (over multiple attempts). In these Comments, I oppose cutting the look-back period. First, the “eventual” passage rate for the most-recent calendar year is primarily a first-time rate. A two-out-of-three-year standard, which some had proposed, would really be a two-out-of-two year standard. Second, the SRC is relying, at best, on overall national rates. Overall rates measure the average performance of law students, and are not appropriate for setting minimum standards for law schools. Overall rates also do not respond to concerns about the effect on minorities and on historically black law schools. Overall national rates also do not account for widely varying state minimum passing (“cut”) scores, which is especially important in setting an absolute, rather than a state-relative, eventual Bar passage rate standard.

Keywords: ABA, ABA Standards, law schools, Bar passage rates, Bar exams

JEL Classification: I20, J44

Suggested Citation

Rosin, Gary S., Comments on Look-Back Periods and Eventual Bar Passage Rates (July 31, 2012). Available at SSRN: https://ssrn.com/abstract=2121116 or http://dx.doi.org/10.2139/ssrn.2121116

Gary S. Rosin (Contact Author)

South Texas College of Law Houston ( email )

1303 San Jacinto
Houston, TX 77002
713-646-1854 (Phone)
713-646-1766 (Fax)

HOME PAGE: http://www.stcl.edu/rosin/Gary_Rosin.htm

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
44
Abstract Views
896
PlumX Metrics