Benchmarking the Bar: No Unity in Difference Scores

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") . . .

Keywords: Bar pasage rates, effective schools, ABA

Working Paper Series