Economies of Scale, Inequalities of Scale: Examining Bar Passage Rates in American Law Schools

• In Event: Diversity, Equity, and Inclusion Across Professions

Abstract

In May 2019, the American Bar Association (ABA) increased the minimum bar passage rate for law schools seeking to be re-accredited by the ABA. Prior literature suggests that when policies change to try to require institutions to improve student outcomes, it is easier for administrators to change who they admit than to change how they prepare students to be successful. In this study, I estimate fixed effects panel data models with robust standard errors to show that between 2011 and 2016 the size of law school enrollments was positively related to bar passage rates; conversely, the percentage of racial and ethnic minority students in the first-year cohort was negatively related to bar passage rates. I discuss implications for legal education.

Author

• Frank Fernandez, University of Florida