Law School Confidential

My wife is a lawyer, and so we get the ABA Journal in the mail every month. As a rule, I never read it, because I don't even have time to read all the magazines we get that cover issues I'm interested in knowing more about. But this month's issue features a big picture on the front cover of someone I happen to know: Bob Morse, czar of the U.S. News & World Report college rankings.

I've confined most of my rankings analyses to four-year and two-year colleges, but the law school story is similar: the rankings are very influential, which makes law school deans very anxious and upset. The piece kicks off with the story of the dean of the University of Houston law school, who managed the school through the aftermath of Tropical Storm Allison, only to resign six years later when Houston dropped five spots on the list.

There are many good reasons to criticize the U.S. News methodology for ranking four-year institutions. But it strikes me that if any segment of higher education has the least cause to complain here, it's law schools, which completely embrace the logic and justice of rankings in the way they evaluate their own students. The legal profession in general is one pecking order after another, ranking everything from schools and students to law firms and judicial clerkships in hierarchies of great consequence. The letter grades that law schools give out hardly matter; performance relative to--i.e. ranked against--other students is everything.

It was only a few years ago that my wife expended a great deal of effort on and experienced a considerable amount of anxiety about the issue of whether she would graduate in the top ten percent of her class at Georgetown Law. (She did.) She was right to worry; some judges explicitly say they won't consider clerkship applications from applicants without this credential. It's particularly important to distinguish yourself if you're coming from a school like Georgetown, which is in the lower half of what most people consider the best schools.

But while she was anxious, much like a law school dean waiting for the new rankings list, she never thought the student rankings process was unfair. Far from it--it's close to a pure meritocracy, giving every student something that at least resembles an equal shot at distinction and opportunity, regardless of where you come from or who you know. That's all she wanted, or expected, and it worked.

The point being, there's nothing wrong with rankings per se, only bad rankings. And the article actually doesn't provide a lot in the way of persuasive critiques of the U.S News law school method. Numerous law schools complain that other law schools lie and cheat on the data they submit, but that's not an argument against rankings, it's evidence that some law schools are apparently run by liars and cheats. While I'm sure the rankings aren't perfect, their focus on selectivity, employment, and reputation seems reasonably appropriate for status- and job-focused colleges of law.

The article comes back to the former Houston dean at the end, where she says their employment placement services (job placement is an element of the rankings) were disrupted after the storm, negatively affecting their score. But that's just telling the truth, isn't it? I imagine any fair ranking of America's most livable cities would have knocked New Orleans down a few spots from 2005 to 2006. You can't shoot the messenger -- or in the case of law school rankings, Bob Morse.