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Law Schools Are Asking the Wrong Question About AI

In an article last week from Inside Higher Ed, James Finkelstein comments on how some law schools are responding to AI. “The more interesting is not about academic integrity. It’s about what it means to assess professional competence in a fast-changing field.” From the article:

The discussion has been framed largely as a choice between two competing philosophies: Berkeley’s prohibition-based approach versus Chicago’s more gradual integration of AI into legal education. That framing misses the larger issue. The main challenge facing legal education—and professional education more broadly—is not simply a question of academic integrity. It is whether customary methods of assessing student performance continue to measure what schools believe they are measuring. Both Berkeley and Chicago have developed thoughtful responses to the first question. Neither has answered the second question fully, although it ultimately is the more consequential one.

James Finkelstein, Law Schools Are Asking the Wrong Question About AI, Inside Higher Ed, July 30, 2026.


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