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In response to escalating tensions on university campuses across the United States, the American Bar Association’s (ABA) Council of the Section of Legal Education and Admissions to the Bar took significant steps during its Friday meeting in Dallas. The unanimous decision was made to send a proposal regarding academic freedom to the House of Delegates for consideration at the ABA Midyear Meeting in February.
Academic Freedom in Focus
The proposal addresses pressing concerns about academic freedom and free speech, issues that have gained prominence recently due to incidents at Stanford Law School and Yale Law School. Ongoing campus protests linked to the Israel-Hamas conflict have further fueled discussions on these topics.
Proposed Changes to Standard 208
The proposed changes to Standard 208 aim to allow faculty, students, and staff to communicate controversial or unpopular ideas through robust debate, demonstrations, or protests. However, the proposal prohibits disruptive activities that hinder free expression or impede law school activities. Notably, the language tweaks made in response to 21 comments include the inclusion of guest lecturers, guest speakers, and law libraries and their services. The proposal emphasizes that it does not allow law schools to restrict speech beyond what the First Amendment protects.
Library Standards
In addition to the academic freedom proposal, the council also voted to move forward with a proposal regarding online library standards. This proposal eliminates the requirement for law libraries to maintain a physical collection, offering flexibility to use space, technology, and information resources most suitable for their institutions. Minor changes were made to the original proposal based on ten comments, clarifying aspects such as the full-time status of the law library director and the processes for hiring library personnel.
Online Education
The landscape of distance learning at law schools has evolved post-pandemic. Fully approved law schools may offer up to 50% of distance learning. The council is reviewing proposed changes related to Chapter 7 Standards 701 and 702, outlining sufficient facilities for online programs. Standard 105(c) addresses substantive changes for law schools transitioning to fully online formats. The revisions aim to accommodate the growing interest in online legal education.
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Experiential Learning and Bar Exam Alternatives
The council’s call for comments on Standard 304, covering experiential learning, coincides with discussions about alternatives to the traditional bar exam. Some jurisdictions, such as California and Oregon, are considering alternative pathways to licensure, emphasizing supervised legal practice and portfolio evaluations. The Experiential Credits Working Group found that legal education lags behind other professions in the required number of supervised clinical credits, prompting considerations for increased clinical credits.
Looking Ahead
Resolutions from these proposals will be submitted to the House of Delegates for consideration at the ABA Midyear Meeting in February. The council will invite comments and suggestions from all law schools on the discussed issues. Additionally, recommended revisions to Standards 302, 314, and 315, involving programs, outcomes, and assessment, will be revisited in future meetings.
It is crucial to note that resolutions submitted to the House of Delegates may undergo revisions based on feedback and discussions, and informational reports are expected by December 8, available for review on the House of Delegates’ 2024 midyear meeting page thereafter. The evolving landscape of legal education and standards will continue to shape the future of law schools in the United States.
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