Sherley Cruz (Tennessee; Google Scholar), Karen L. Tokarz (Washington University), Becky L. Jacobs (Tennessee), Kendall Kerew (Montana; Google Scholar), Andrew King-Ries (Montana) & Carwina Weng (Indiana-Maurer), ABA Standard 303(C) and Divisive Concepts Legislation and Policies: Challenges and Opportunities, 73 Wash. U. J. L. & Pol'y 247 (2024):
This article by six clinicians discusses the challenges and opportunities of new ABA Standard 303 (c), including the implications of and interactions between Standard 303(c) and “divisive concepts” laws and other threats to representation, academic freedom, and free speech in legal education. The article also highlights the intersection of Standard 303(c) and Standard 303(b)(3), which addresses professional identity formation; discusses opportunities to adapt current curriculum and teaching and create new curricular responses to meet the new accreditation standards and interpretations; and explores ways to resist increasing limitations and find a supportive academic community to sustain hope and resilience.
Conclusion
In summary, ABA Standard 303(c) provides good news and the bad news about opportunities and challenges for legal educators and legal education. The recent actions of law school deans and the ABA Council of the Section of Legal Education and Admissions to the Bar are monumental steps in the evolution of law school accreditation enhancing legal education and the legal profession. Schools across the country have already increased curricular focus on diversity, cross-cultural competency, and anti-racism, beginning in the first year through the upper-class curriculum. Many colleagues across the country have developed relevant Standard 303(b) and 303(c)-related research and coursework.
The other good news is the strength and resilience of the community of legal educators being built around Standard 303(c) to challenge these limitations, offer support, and share resources. The authors of this piece are clinicians, but the support group has a much broader nationwide membership with increasing gatherings, conferences, coursework, scholarship, and legal challenges.
However, for those who teach in states with divisive concepts statutes or other legal or political restrictions, or where such restrictions are being considered, the bad news is the uncertainty, intimidation, and fear that may cast a pall over our instructional activities. But, if you experience a panicked moment, have a question, or want to brainstorm, pick up the phone or type out an email—you will receive a collegial, comforting, and supportive voice along with some useful guidance or material, if requested, from our team of authors and others across the country.
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