Following up on my previous post, Methodology Changes In The New 2024 U.S. News Law School Rankings: Derek Muller (Iowa; Google Scholar), Does a School's "Ultimate Bar Passage" Rate Relate to That School's Quality?:
With a loss of data that USNWR used to use to assess the quality of law schools, USNWR had to rely on ABA data. And it was already assessing one kind of outcome, first-time bar passage rate.
It introduced “ultimate bar passage” rate as a factor in this year’s methodology, with a whopping 7% of the total score. That’s higher than the median LSAT score now. It’s also much higher than the at-graduation [jobs] rate in previous methodologies (4%). …
The ABA’s “ultimate” standard is simply a floor for accreditation purposes. Very few schools fail this standard. The statistic, and the cutoff, are designed for a minimal test of whether the law school is functioning appropriately, at a very basic level. (It’s also a bit circular, as I’ve written about—why does the ABA need to accredit schools separate and apart from the bar exam if it’s referring to accreditation standards as passing the bar exam?) …
The ABA’s “ultimate” standard is simply a floor for accreditation purposes. Very few schools fail this standard. The statistic, and the cutoff, are designed for a minimal test of whether the law school is functioning appropriately, at a very basic level. (It’s also a bit circular, as I’ve written about—why does the ABA need to accredit schools separate and apart from the bar exam if it’s referring to accreditation standards as passing the bar exam?) …
Another oddity is that the correlation between first-time passage rate (that is, over- and under-performance relative to the jurisdiction) and ultimate bar passage rate is good, but at 0.68 one might expect two different bar passage measures to be more closely correlated. And maybe that’s good not to have measures so closely bound with one another. But these are literally both bar passage categories. And they seem to be measuring quite different things. …
I think there’s another unstated reason for using this metric: it’s publicly available. Now that a number of law schools have “boycotted” the rankings, USNWR has had to rely on publicly available data. They took out some factors and they devalued others. But here’s some publicly available data from the ABA. It’s an “output,” something USNWR values more now. It’s about bar passage, which is something it’s already looking at. It’s there. So, it’s being used. It makes more sense than the purported justifications that USNWR gives.
And it’s given 7% in the new rankings. That’s a shocking amount of weight.



