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Abstract:
Bar passage rates of first-takers vary widely among both the states and the law schools. State grading practices also vary widely, particularly as to minimum passing scores ("cut scores") and whether they scale state exam components to the MultiState Bar Exam ("MBE"). The broad ranges of Bar passage rates and of state grading practices call into question the stewardship of the states over admission to the practice of law. This study uses generalized linear modeling, with a logit link function, to isolate the effect on the Bar passage rates of ABA-approved law schools of three factors: (i) the LSAT scores of entering classes, (ii) state cut scores; and (iii) scaling to the MBE. LSAT scores of a law school's entering classes were the most significant factor in determining a law school's Bar passage rate. But differences in state cut scores, and in MBE scaling, are associated with large differences in the Bar passage rates of law schools with equivalent LSAT scores. This suggests that the states need to work together with a view to reaching a national consensus as to the elements of minimum competence, and how best to measure them.

Bar passage, Bar exam, cut scores, scaling, equating, academic qualifications, law schools

Abstract:
The ABA Section of Legal Education and Admission to the Bar has proposed to add Interpretation 301-6 of its Standards and Rules of Procedure for Approval of Law Schools. Interpretation 301-6 would impose Bar-based outcome measures of the quality of a law school's academic program. This paper collects letters or reports submitted by the author to the ABA that comment on each of the three versions of 301-6 proposed to date. These comments not only provide an empirical evaluation of 301-6, they also suggest changes to 301-6.

ABA, Standards, Bar Exam, Bar Passage Rates, Legal Education

Abstract:
Under ABA proposed Interpretation 301-6, the primary benchmark used to measure the adequacy of a law-school's academic program would be the amount by which is "local" Bar passage rate for first-takers differs from the overall passage rate for all first-takers from ABA-approved law schools. The study used generalized linear modeling as a method to compare Bar "difference scores" of ABA-approved law-schools in two states, New York and California. The study found that Bar difference scores in California were significantly more sensitive to changes in law-school relative LSAT scores than were Bar difference scores in New York. Bar difference scores - subtracting the "local" overall ABA Bar passage rate - do not fully adjust for variations in state grading practices, especially differences in minimum passing scores ("cut scores") . . .

Bar pasage rates, effective schools, ABA