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Legal Education in the US

Legal Education in the US. 1910 - 1930. Widespread Discrimination. Coincided with growth of part-time / night law schools Against Jews, Catholics, Blacks, Immigrants Claim: these students could not be “taught the ethics of the profession” b/c their background is so different

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Legal Education in the US

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  1. Legal Education in the US 1910 - 1930

  2. Widespread Discrimination • Coincided with growth of part-time / night law schools • Against Jews, Catholics, Blacks, Immigrants • Claim: these students could not be “taught the ethics of the profession” b/c their background is so different • Apparent Goal: limit # of people admitted to the bar

  3. Educational Shifts • General Movements • Away from law offices and into law schools • Growing support for a college requirement • Knowledge of • Int’l Law • Legal history • Economics • Political Science • Why? • “Rising threat of socialism” • Labor / industry disputes • Need for social reform

  4. 1915: ABA Committee’s Decisions on Admission to the Bar • Admission to state bar is regulated by state’s supreme court • Disapproved of diploma entry • Candidates must be US citizens • Law schools w/ high stds tended to have 3-yr programs

  5. NY State Requirements • Candidate must speak English • Moral fitness must be proven by candidate • Inquiry conducted by committee appointed by court • Sworn statement by candidate • Affidavits on character – by atty personally known to a member of the committee or by teacher or minister • Similar req’ts in other states

  6. Growing Concern over “Inferior Schools” • 1917: ABA’s Council on Legal Education formed • Meant to inspect and classify schools, but not given funding • AALS increased membership requirements, effectively excluding part time schools • 1921: Root Committee • Goal: recommend actions the ABA could take that would “strengthen the character and improve the efficiency of persons admitted” to the bar • Recommendations were adopted by ABA in 1922

  7. The Root Report • Paved the way for the ABA to be an accrediting agency • Minimum stds for law schools • At least 2 yrs college before law school • Law school = 3 yrs f/t or equivalent in p/t • Law school must have at least 7500 volumes • Sufficient faculty (min. 3 f/t faculty; 100:1 student: prof ratio) • Discouraged diploma privilege for bar admission • Called on ABA to fund the Council on Legal Education

  8. States’ Bar Admission Requirements • 1927: No states req’d law school for admission • 1928: Only 1 jxn did NOT require a bar exam

  9. Convergence of AALS & ABA • 1923: cooperation on ALI • 1926: accreditation lists were identical • 62 accredited schools • 56 full time schools • 6 offered full & part time programs • 108 non-accredited schools (73 of those were night schools) • These schools had 70% of law students • 1927: Sec of AALS appointed ABA’s 1st full-time legal education adviser

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