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

Apparent Goal: limit # of people admitted to the bar

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

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

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

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

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

States’ Bar Admission Requirements

1927: No states req’d law school for admission

1928: Only 1 jxn did NOT require a bar exam

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