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Excellent letter by Marquette Law Dean Kearney in opposition to the terrible ABA proposal to double the required number of experiential hours

The full letter is here (earlier coverage).  As Dean Kearney writes:

[T]he Council’s proposal would mandate a startling redirection of resources. Given the integrated nature of a program of legal education, the proposal would constitute an unprecedented invasion into the upper-level curricula of law schools, diminish substantially the schools’ appropriate autonomy, and impair their ability to innovate and to adapt their programs to local needs and institutional missions—all at a time of other extraordinary pressures on legal education. More succinctly and concretely: The proposal ignores the curricular tradeoffs that will necessarily result for schools and students and dismisses the likely financial costs of the new requirements.

 

The proposal’s apparent general animating philosophy—which has scant regard for the precept that accreditation standards are intended to establish minimum requirements for “adequate” education while protecting each school’s leading role in defining its own educational program—is regrettable enough. More specifically objectionable is that the proposal to double the current minimum requirement of experiential-learning credits lacks adequate evidentiary support. Valuable though experiential education is, a “more is better” approach to its requirement is not adequately supported in the proposal—notwithstanding the observation that other, very different professions, with different educational pathways, have more experiential education. Given the weak evidentiary basis for increasing the number of mandatory experiential-learning credits, the absence of a rigorous (or really any) cost-benefit analysis should prompt the proposal’s withdrawal.

Other comments on the proposal are here, and they are overwhelmingly opposed, with the rather revealing exception of a letter from the Clinical Legal Education Association.  If the ABA does not withdraw this intrusive proposal, that will disrupt the legal education of thousands of students, then massive defiance will be the only appropriate response of law schools.

 

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