Morse Code: Inside the College Rankings

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Law School Rankings Too Powerful, Writers Say

February 23, 2012 RSS Feed Print

Well-known writers have made the case recently that the U.S. News Best Law Schools rankings are among the most powerful forces driving behavior at law schools.

In the online commentary piece titled "The Bad News Law Schools," Stanley Fish, a professor at Florida International University College of Law, reviews Failing Law Schools by Brian Tamanaha, a law professor and author. The book—to be published later in 2012—documents, in Tamanaha's view, what is wrong with law schools and calls out the "bad actors," which he says are the American Bar Association and the U.S. News rankings because they have driven law schools to be what they are today.

Fish writes:

The U.S. News and World Report rankings, says Tamanaha, produce even worse deformations (than the ABA); in fact they produce behavior that is at least deceptive and borders on fraud. A law school dean who knows that the rank of her school will in large part determine the faculty it can attract, the quality of the applicants, the support provided by her university and the job opportunities of graduates will be tempted to fiddle with the numbers by (among other things) reporting high salaries for graduates when the pool surveyed is a tiny fraction of those who have the school's degree, devising schemes to keep students with low test scores off the books by shunting them off to evening programs and inflating the employment rate by hiring its own for a short term. Tamanaha finds these and other 'disreputable actions' understandable if not excusable given the structural situation."

New York Times reporter David Segal, whose recent articles on law schools have drawn a great deal of attention, was quoted in the ABA Journal article "NY Times Reporter Sounds off on Legal Education, Accreditation and the 'Crazy' Race for Rankings" as saying that law schools have taken the quest for higher rankings and greater prestige to "an incredibly destructive" place. Segal says the U.S. News rankings do some good, but have led almost all law schools to fudge a lot of their figures and set "really sad" priorities. He said U.S. News bears some of the blame for building such perversities into its rankings. "But it doesn't help that law schools are just completely obedient to the set of standards and jump through any hurdle that is erected by U.S. News" to improve their ranking, he says.

Our take: It's important to remember that the U.S. News rankings are done to provide one tool to help prospective law school students choose the best law school for them. The Best Law Schools rankings are not done to provide law school academics a benchmark to measure their school's progress or to influence or be an instrument to direct educational policy decisions.

The bottom line: U.S. News is not running the law schools, does not play any role in making decisions at any law school, and does not believe there are any credible justifications for falsifying law school data.

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US News' official policy, then, seems to be to officially stick its head in the sand and ignore the plainly evident effects its system of evaluation has on law schools. It would be much more productive and responsible for US News to acknowledge some of the anomalous behavior schools engage in to "game" the system and open a dialog about whether this is good for any of the interested parties involved.

steve of MN 2:43PM March 26, 2012

Hi, Bob. Any chance your post was written in anticipation of the inevitable lawsuit against US News?

J.D.U. Rules of NJ 9:32PM March 13, 2012

Bob, your rankings incentivize bad behavior. This doesn't wholly make you responsible for what's happening at law schools today, but it makes people wonder: if the way you rank things creates a rationale for bad actions, are you ranking the right things?

Example: you rank schools based on spending per student. What this does is increase the cost of legal education. Schools are now rewarded for jacking up prices, increasing new graduates' debt loads at a time when hiring is way down. Shouldn't we reward schools that provide their students with a better chance to start their careers without crippling debt? Even if you want to keep the spending per student in their, can't you temper it by also adding a factor that rewards low tuition, low debt load, or high financial aid budgets?

Example: Your employment rates, at graduation and 9 months, are not specific in the type of employment the schools offers. Someone working at a large firm or at the DOJ is treated the same as someone slinging fries at McDonald's or hired by the law school for a 6 week project at the 9 month mark. Why not demand that only full-time, permanent, JD required jobs count? Or at least only count jobs that give some preference to JD candidates (in a way barista does not).

Example: you only look at median LSAT and undergraduate GPAs, rather than mean. Read up on the admissions scandal at the University of Illinois Law School. Schools will take one student with a high GPA and a low LSAT to balance a student with a low GPA and a high LSAT. Admissions has become a pure number game, and more than that, it has become a game that can be easily won by taking "splitters." UVA would rather take a 170/3.0 and a 162/3.85 than a 169/3.79 because it's medians are 170 and 3.85. To take the two splitters keeps their medians, to take the student with the much better overall numbers would hurt both. Schools can hide low achievers by balancing them out. Why not then look at mean, so each point on the LSAT (which LSAC itself says is not statistically significant) isn't so determinative, and better overall candidates won't be squelched by splitters?

Again, none of this is to remove the moral culpability from law school administrators. But if your rankings are leading to those bad acts, shouldn't you ask: are you ranking the right things?

JH of MA 7:31AM March 12, 2012

Morse Code: Inside the College Rankings

Robert Morse is director of data research for U.S.News & World Report and has worked at the company since 1976. He develops the methodologies and surveys for the Best Colleges and Best Graduate Schools annual rankings, keeping an eye on higher-education trends to make sure the rankings offer prospective students the best analysis available. Morse Code provides deeper insights into the methodologies and is a forum for commentary and analysis of college, grad, and other rankings.

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