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University of Tennessee College of Law

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The Case For (And Against) Aba Regulation Of Non-J.D. Programs, Benjamin H. Barton Jan 2024

The Case For (And Against) Aba Regulation Of Non-J.D. Programs, Benjamin H. Barton

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American law schools have pulled out of what looked like a death spiral. From 2008-18 job placement and bar passage cratered and applications and JD enrolment followed. Some law schools found themselves trapped between Scylla and Charybdis – if they did not loosen admissions, they would not have the funds to keep the doors open. But if they loosened admissions too much bar passage and placement suffered, prompting a possible closure via disaccreditation by the ABA (or the DOE).

There are (broadly speaking) two models of profitable higher education in the United States. The first is the old school, classic …