Law in Contemporary Society

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InLawSchoolsGradesGoUpJustLikeThat 11 - 28 Jun 2010 - Main.JenniferGreen
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 I'm sure many of you have read the recent NYT Article, In Law Schools, Grades Go Up, Just Like That. I have enjoyed reading the comments of the article, which span from adamant support of tossing out the old regime to total disdain for a generation often described as entitled. I must admit, the article gives me a sinking feeling in my stomach, especially as we approach the Fall recruiting season. I fantasize about the minimal, or complete lack of, anxiety students at schools with no grades must be experiencing as they head into the process. What is most striking to me is that quite a few schools with students who compete with Columbia students for employment have made the determination that eliminating traditional grades altogether, or altering the curve, is in the best interest of their students. Even our friendly neighbor to the south has made alterations to its curve. This begs the question, what are Columbia's justifications for not rolling with the tide?

This topic has obviously received great attention in this course, but I still think this article is an interesting read. I would love to hear any comments or reactions people might have.

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 I fail to understand what the real drama behind law school grade inflation is. It's like the nominal value of money -- there is little to be learned from it. As far as the issue of grades being used for hiring purposes goes, the trend does not, sadly, seem to be changing at all. Law schools that hope to better position their own students (against students from other schools) via grade inflation are stupid. Forget about the long run (for there we are all dead!). Even in the short run, grade inflation hurts schools more than it helps them. An employer that has any sense of perception will be quick to catch on to the inflation (especially since schools will inflate across the board to outdo each other) -- thus, little change on this end. On the other end of the spectrum, students (with higher alphabets to flaunt) will develop a greater sense of entitlement and false security. Basically, when we all have gold stars, it might even help to be the only person in the room without one.

-- MohitGourisaria - 27 Jun 2010

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David, I read that article and was quite surprised. I also share the same hopes with you about law school grades becoming less relevant, but I am not optimistic. Mohit mentioned the false sense of security that students "with higher alphabets" may be tempted to develop. I completely agree; we are so often told that good grades are a golden ticket to the most elite levels of the practice. However, good grades don't prevent this from happening to you, which is only but one of many examples we've heard about. This, in my opinion, is the larger issue and the reason that legal employers will always hold the trump card. We are pumping a supply of lawyers into the market every year that far outpaces the demand. Unlike the medical profession, which provides a supply of new doctors each year that keeps pace with market demands, the legal profession refuses to do so. In the end, though, we are in a better position than many of our counterparts, which is a somewhat disturbing proposition.

I also think grades give employers a false sense of security: a (sometimes unfounded) belief that they have won the lottery in luring the most intelligent, hardest working, and capable young lawyers to their organizations. However, given the arbitrary nature of grades, and sometimes sheer luck associated with them, it is hard to see why intelligent, hard working, and capable hiring partners would rely on them in this way. As Professor Wu wrote in his post-exam memo, the difference between a good and the best exam were not that great. Given this, as David suggested, one would think that grades would be one aspect of a more holistic assessment of the student as opposed to, in many cases, the sole determinant. Until this happens, I think it is and will continue to be employers' loss.

-- JenniferGreen - 28 Jun 2010

 
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InLawSchoolsGradesGoUpJustLikeThat 10 - 27 Jun 2010 - Main.MohitGourisaria
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 I'm sure many of you have read the recent NYT Article, In Law Schools, Grades Go Up, Just Like That. I have enjoyed reading the comments of the article, which span from adamant support of tossing out the old regime to total disdain for a generation often described as entitled. I must admit, the article gives me a sinking feeling in my stomach, especially as we approach the Fall recruiting season. I fantasize about the minimal, or complete lack of, anxiety students at schools with no grades must be experiencing as they head into the process. What is most striking to me is that quite a few schools with students who compete with Columbia students for employment have made the determination that eliminating traditional grades altogether, or altering the curve, is in the best interest of their students. Even our friendly neighbor to the south has made alterations to its curve. This begs the question, what are Columbia's justifications for not rolling with the tide?

This topic has obviously received great attention in this course, but I still think this article is an interesting read. I would love to hear any comments or reactions people might have.

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 My main hope is that the media coverage of repeated changes to law school grading systems eventually induces people to rely less on law school grades. Right now, many judges and employers use them as a way of ranking students against each other. If they are unstable, as they appear to be, they can no longer be relied upon to do this. Hopefully more and more people will recognize this and will consider the applicants themselves for clerkships and positions as opposed to meaningless numbers, rankings and honors.

-- DavidGoldin - 27 Jun 2010

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I fail to understand what the real drama behind law school grade inflation is. It's like the nominal value of money -- there is little to be learned from it. As far as the issue of grades being used for hiring purposes goes, the trend does not, sadly, seem to be changing at all. Law schools that hope to better position their own students (against students from other schools) via grade inflation are stupid. Forget about the long run (for there we are all dead!). Even in the short run, grade inflation hurts schools more than it helps them. An employer that has any sense of perception will be quick to catch on to the inflation (especially since schools will inflate across the board to outdo each other) -- thus, little change on this end. On the other end of the spectrum, students (with higher alphabets to flaunt) will develop a greater sense of entitlement and false security. Basically, when we all have gold stars, it might even help to be the only person in the room without one.

-- MohitGourisaria - 27 Jun 2010


InLawSchoolsGradesGoUpJustLikeThat 9 - 27 Jun 2010 - Main.DavidGoldin
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 I'm sure many of you have read the recent NYT Article, In Law Schools, Grades Go Up, Just Like That. I have enjoyed reading the comments of the article, which span from adamant support of tossing out the old regime to total disdain for a generation often described as entitled. I must admit, the article gives me a sinking feeling in my stomach, especially as we approach the Fall recruiting season. I fantasize about the minimal, or complete lack of, anxiety students at schools with no grades must be experiencing as they head into the process. What is most striking to me is that quite a few schools with students who compete with Columbia students for employment have made the determination that eliminating traditional grades altogether, or altering the curve, is in the best interest of their students. Even our friendly neighbor to the south has made alterations to its curve. This begs the question, what are Columbia's justifications for not rolling with the tide?

This topic has obviously received great attention in this course, but I still think this article is an interesting read. I would love to hear any comments or reactions people might have.

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 -- RyanSong - 25 Jun 2010
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Haha, that school was Rutgers, which might be the best law school in New Jersey. Not to take away from that edifying example - I think the organizers of the rather poorly attended AABANY event were considerate in selecting panelists who graduated median from schools like St. Johns and Brookly and Rutgers so they can be examples of success to their currently lost student members. However, just from my conversations with some of the lawyers and students present, and from hanging out with my fellow interns, I think ironically students at lower ranked schools already know that they'll be alright in the long run, that they'll be lawyers, they'll learn how to set up and sustain a practice and the rest of their lives are by no means determined by one year or even three years of grades. I was so surprised to see that all the other law interns at my bureau at the Queens DA have done so much substantive legal work during the school year (supervisor passed around mini-bios of all of us) such as working part-time during the school year for small law firms.
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Haha, that school was Rutgers, which might be the best law school in New Jersey. Not to take away from that edifying example - I think the organizers of the rather poorly attended AABANY event were considerate in selecting panelists who graduated median from schools like St. Johns and Brooklyn and Rutgers so they can be examples of success to their currently lost student members. However, just from my conversations with some of the lawyers and students present, and from hanging out with my fellow interns, I think ironically students at lower ranked schools already know that they'll be alright in the long run, that they'll be lawyers, they'll learn how to set up and sustain a practice and the rest of their lives are by no means determined by one year or even three years of grades. I was so surprised to see that all the other law interns at my bureau at the Queens DA have done so much substantive legal work during the school year (supervisor passed around mini-bios of all of us) such as working part-time during the school year for small law firms.
 Artificially inflating grades without actually messing with the curve is ridiculously futile when the whole point of a curve is to help employers rank us as compared to our classmates. As someone who has done well in some classes and poorly in others, I don't think grades are arbitrary. An individual grade reflect to a fair enough extent understanding of and effort in a class. At least at school, due to blind grading we are not being evaluated for our personal relationships with those in charge of keeping score of our non-social performances. Thinking about the future, what isn't arbitrary and at least somewhat based on seemingly meaningless factors. Like what is "fit"? At my internship the only lawyer who is ever asked about his kids, the only one whose children have been brought into the office to play, is the bureau chief. As long as we work for others, their moods and perceptions an idiosyncracies control us. At the same event I met a young lawyer who took two clients he met through his former employer and started his own. I was impressed by the simplicity of his business card and that he will never have to compete to impress a partner or senior associate, just do his work for his clients.
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 Finally, with respect to the Times Most Emailed section, it is relevant to note that an article on "Catios" also enjoyed a multi-day stretch as "most emailed" article in recent weeks.

-- DevinMcDougall - 26 Jun 2010

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Grade Inflation seems to be a hot topic for the New York Times right now. Today, the Times published an article about increasing numbers of valedictorians at US high schools. It talks about Jericho High School, a high school in a wealthy Long Island town, where there were 9 valedictorians. The article presents two sides to the argument over the trend of "inflation": (1) students are getting better, so we should recognize it and (2) the more valedictorians we name, the less meaningful the title gets.

I think the second argument holds true for law school grades as well. The more that we tinker with them, either by imposing and changing artificial curves or by just adding points to GPAs to make students "more competitive" in the job market, the less meaningful they get. The title valedictorian was once one that was given to just one student, the top in the class. Now, it is impossible to tell what it means. If a 6.5% of a high school class gets the title valedictorian (as at one of the high schools mentioned in the article), the meaning of the term has completely changed. And as a result, people will give it less deference.

My main hope is that the media coverage of repeated changes to law school grading systems eventually induces people to rely less on law school grades. Right now, many judges and employers use them as a way of ranking students against each other. If they are unstable, as they appear to be, they can no longer be relied upon to do this. Hopefully more and more people will recognize this and will consider the applicants themselves for clerkships and positions as opposed to meaningless numbers, rankings and honors.

-- DavidGoldin - 27 Jun 2010


InLawSchoolsGradesGoUpJustLikeThat 8 - 26 Jun 2010 - Main.DevinMcDougall
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I'm sure many of you have read the recent NYT Article, In Law Schools, Grades Go Up, Just Like That. I have enjoyed reading the comments of the article, which span from adamant support of tossing out the old regime to total disdain for a generation often described as entitled. I must admit, the article gives me a sinking feeling in my stomach, especially as we approach the Fall recruiting season. I fantasize about the minimal, or complete lack of, anxiety students at schools with no grades must be experiencing as they head into the process. What is most striking to me is that quite a few schools with students who compete with Columbia students for employment have made the determination that eliminating traditional grades altogether, or altering the curve, is in the best interest of their students. Even our friendly neighbor to the south has made alterations to its curve. This begs the question, what are Columbia's justifications for not rolling with the tide?
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I'm sure many of you have read the recent NYT Article, In Law Schools, Grades Go Up, Just Like That. I have enjoyed reading the comments of the article, which span from adamant support of tossing out the old regime to total disdain for a generation often described as entitled. I must admit, the article gives me a sinking feeling in my stomach, especially as we approach the Fall recruiting season. I fantasize about the minimal, or complete lack of, anxiety students at schools with no grades must be experiencing as they head into the process. What is most striking to me is that quite a few schools with students who compete with Columbia students for employment have made the determination that eliminating traditional grades altogether, or altering the curve, is in the best interest of their students. Even our friendly neighbor to the south has made alterations to its curve. This begs the question, what are Columbia's justifications for not rolling with the tide?
 This topic has obviously received great attention in this course, but I still think this article is an interesting read. I would love to hear any comments or reactions people might have.
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 The thing that surprised me most about that article was that it was the NYT's "most emailed" article for a couple of days this week. Are there that many uneasy law students/lawyers/friends of same out there? Though it's definitely of interest to us, I was surprised by the broad appeal. There's certainly much more interesting content in the Times this week. I would recommend the fascinating five-part piece by Errol Morris.

-- CourtneySmith - 25 Jun 2010

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Education reform (as I insist on calling it - grade reform encourages the illusion that systems of evaluation can be neatly cabined off from the substance of education) is an issue I care a lot about, so I'm happy to join in on a renewed discussion of it on the wiki.

I don't think the news here is about grade inflation as such. What's happened is just that few schools who had a lower curve adjusted it to match the curve of the majority of other law schools. I don't support the curve system, but I don't see a particular problem with fixing a situation in which student X, if he had gone to UC Hastings, would have gotten a higher mark for precisely the same performance than if he had gone to Loyola. It's relevant to consider curves at other law schools because students are not just competing amongst their classmates for jobs, they are also competing with graduates of other schools.

I am not convinced that Harvard, Yale and Stanford have gotten their evaluation systems right. A system that goes from A-B-C to HP-P-LP is not going very far. That being said, getting rid of the arbitrariness of pluses and minuses is a positive step. I think also that in some marginal sense, a terminology based on "pass" feels different from one based on the A-B-C system.

I think the larger issue at stake, as I've intimated above, is not actually how we're graded - it's about what law school is. I think the "industrial model," which requires large class sizes to finance the salaries of a large number of professors, which in turn produce a large amount of "prestigious" law review articles, is unsustainable. It fosters alienation and militates against the types of pedagogical relationships that build great lawyers. When new graduates could make hundreds of dollars per hour sitting in a high-rise and highlighting documents, this type of education may have been sufficient. I don't think it is any more.

My understanding of the reason that Columbia does not have a pass-based system is that students recently rejected it. I would like to know more about this, if anyone has any information about what the margin was, how the question was put, etc. In a sense, however, we have the education we have asked for.

Some links related to that debate:

Katherine Franke's blog post [expressing concern that women and minority students may still be disadvantaged if faculty relationships, not grades, become the new coin of the realm]

Columbia Spectator article [reporting on the debate, quotes Franke's post]

Finally, with respect to the Times Most Emailed section, it is relevant to note that an article on "Catios" also enjoyed a multi-day stretch as "most emailed" article in recent weeks.

-- DevinMcDougall - 26 Jun 2010


InLawSchoolsGradesGoUpJustLikeThat 7 - 26 Jun 2010 - Main.CourtneySmith
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 I'm sure many of you have read the recent NYT Article, In Law Schools, Grades Go Up, Just Like That. I have enjoyed reading the comments of the article, which span from adamant support of tossing out the old regime to total disdain for a generation often described as entitled. I must admit, the article gives me a sinking feeling in my stomach, especially as we approach the Fall recruiting season. I fantasize about the minimal, or complete lack of, anxiety students at schools with no grades must be experiencing as they head into the process. What is most striking to me is that quite a few schools with students who compete with Columbia students for employment have made the determination that eliminating traditional grades altogether, or altering the curve, is in the best interest of their students. Even our friendly neighbor to the south has made alterations to its curve. This begs the question, what are Columbia's justifications for not rolling with the tide?

This topic has obviously received great attention in this course, but I still think this article is an interesting read. I would love to hear any comments or reactions people might have.


Revision 11r11 - 28 Jun 2010 - 02:02:43 - JenniferGreen
Revision 10r10 - 27 Jun 2010 - 22:24:37 - MohitGourisaria
Revision 9r9 - 27 Jun 2010 - 16:26:54 - DavidGoldin
Revision 8r8 - 26 Jun 2010 - 20:43:48 - DevinMcDougall
Revision 7r7 - 26 Jun 2010 - 16:11:28 - CourtneySmith
Revision 6r6 - 25 Jun 2010 - 15:21:18 - CourtneySmith
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