Organizational Change in the Legal Education Environment: Institutional and Individual Responses to Times of Crisis

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Organizational Change in the Legal Education Environment: Institutional and Individual Responses to Times of Crisis University of New England DUNE: DigitalUNE All Theses And Dissertations Theses and Dissertations 5-2021 Organizational Change In The Legal Education Environment: Institutional And Individual Responses To Times Of Crisis Mary E. Wilson University of New England Follow this and additional works at: https://dune.une.edu/theses Part of the Educational Assessment, Evaluation, and Research Commons, Educational Leadership Commons, and the Higher Education Commons © 2021 Mary E. Wilson Preferred Citation Wilson, Mary E., "Organizational Change In The Legal Education Environment: Institutional And Individual Responses To Times Of Crisis" (2021). All Theses And Dissertations. 376. https://dune.une.edu/theses/376 This Dissertation is brought to you for free and open access by the Theses and Dissertations at DUNE: DigitalUNE. It has been accepted for inclusion in All Theses And Dissertations by an authorized administrator of DUNE: DigitalUNE. For more information, please contact [email protected]. ORGANIZATIONAL CHANGE IN THE LEGAL EDUCATION ENVIRONMENT: INSTITUTIONAL AND INDIVIDUAL RESPONSES TO TIMES OF CRISIS By Mary E. Wilson Master of Science (Georgia State University) 2001 A DISSERTATION Presented to the Affiliated Faculty of The College of Graduate and Professional Studies at the University of New England Submitted in Partial Fulfillment of Requirements Fort the degree of Doctor of Education Portland & Biddeford, Maine May, 2021 Copyright by Mary E. Wilson 2021 ii Mary E. Wilson May 2021 Educational Leadership ORGANIZATIONAL CHANGE IN THE LEGAL EDUCATION ENVIRONMENT: INSTITUTIONAL AND INDIVIDUAL RESPONSES TO TIMES OF CRISIS Abstract The Great Recession of 2008 brought great upheaval to many aspects of the American economy. At first law schools saw an increase in applications and enrollment as individuals sought an education that would lead to employment. Within a few years, however, the job market for new lawyers deteriorated. By 2010-2011, the number of applications to law schools plummeted, as did the enrollment numbers. Since tuition is the life blood of law schools, the field of legal education was faced with an unprecedented crisis. This researcher collected and reviewed publicly available data to examine the changes that occurred in law schools following the economic downturn. Interviews with faculty who had experienced the institutional changes portrayed the personal or internal changes that occurred as a result. Findings suggest that higher-ranked (Tier 1 and Tier 2) schools generally had different outcomes than lower-ranked (Tier 3 and Tier 4) schools following the enrollment crisis. The first section addressed structural changes, the second section addressed programmatic changes, and the third section reported on faculty in the Tier 3 and Tier 4 schools expressed feelings of grief and loss regarding their experiences during this period of crisis. iii The future loss of accreditation that may occur in some law schools will be a source of additional study of institutional and personal grief and loss issues that schools and faculty members experience as a result of that loss. Keywords: Legal Education, Organization Change, Grief, Loss. iv University of New England Doctor of Education Educational Leadership This dissertation was presented by Mary E. Wilson It was presented on May 17, 2021 and approved by: Michelle Collay, Ph.D Lead Advisor University of New England Brianna Parsons, Ed.D. Secondary Advisor University of New England William D. Matthews, J.D. Affiliate Committee Member Duke University School of Law v ACKNOWLEDGMENTS I would like to thank my dissertation committee, Dr. Michelle Collay, Dr. Brianna Parsons and Mr. William D. Matthews for their support during this process. I am very thankful and grateful to Dr. Michelle Collay. Her assistance, guidance, direction and encouragement made it possible to develop and complete my dissertation process. I am very thankful and appreciative for Dr. Brianna Parsons’s vital support and her assistance and motivation to complete the deadlines. I am very thankful and appreciative of Mr. William Matthews for his guidance, direction and encouragement for this dissertation. I would like to thank everyone whose assistance helped me finish this dissertation. Thank you to the participants who volunteered to participate in interviews! I would also like to thank my family for their continued support for over the last several years of completing this doctorate. Thank you, Mary Wilson vi TABLE OF CONTENTS CHAPTER ONE INTRODUCTION…..………………………………………………………….1 Dilemmas Faced By Law Schools ……………………………….…………………….3 The Enactment of ABA Standards…………………………………………….………..4 Statement of the Problem………………………………………………………………7 Setting………………………………………………………………………………….9 Purpose of the Study………………………………………………………………….11 Research Questions…………………………………………………………………...11 Conceptual Framework………………………………………………………………..11 Institutional Change…………………………………………………………….12 Individual Change………………………………………………………………12 Assumptions, Limitations, and Scope…..…………………………………………….16 Institutional Change…………………………………………………………….16 Individual Change………………………………………………………………16 Significance of Study………………………………………………………………...17 Definition of Terms……………………………………….………………………….18 Conclusion…………………………………………………………………………...19 CHAPTER TWO REVIEW OF THE LITERATURE …………………………………………20 Accreditation…………………………….……………………………………………20 Assessments of Law Schools and Leadership Prior to the Enrollment Crisis…….….23 Crisis in Law Schools and Accreditation Changes………………………………..…26 Reforms and Responses to the Crisis in Enrollment…………………………………30 Leadership……………………………………………………………………………32 vii Conceptual Framework……………………………………………………………….36 Organizational Change and the Effect on Employees…………………………..36 Institutional Change…………………………………………………………….37 Individual Change………………………………………………………………37 Summary……..…..………………………..…………………………………………38 CHAPTER THREE METHODOLOGY…………………………………..…………………….40 Selection Criteria for Institutions…………………………………………………....41 Institutional Settings………………………………………………………………...42 Selection Criteria for Individuals……………………………………………………43 Participant Rights……………………………………………………………………44 Data………………………………………………………………………….………46 Institutional Data……….……………………………………………………….46 Individual Data……………………………………………………….…………46 Analysis………………………………………………………………………..…….47 Analysis of Data for Institutions……..………………………………………….47 Analysis of Data for Individuals………………………..………………………47 Limitations of the Study…………………………………………..…………………48 Conclusion………………………………………………………………….………..49 CHAPTER FOUR RESULTS ………………………………………………..…………………50 Setting……………………………………………………………………………….50 Results for Institutions……………………………………………….……………...51 Bar Passage Rates……………….….……………………………………………51 Student to Faculty Ratio…………..……….………………………….………….52 viii Information Regarding Students for the Twelve Schools in the Sample……..….53 Number of Applicants, Number of Admissions Offers, and Enrollment Data..…54 New Enrollees’ Scores on Law School Admission Test (LSAT)………..………55 Overview of Enrollment Data and LSAT Score Data……………………..……..59 GPA Data……………………………………………………………..………..…61 Bar Passage Rate Data………………………….………………….……………..62 Information Regarding Faculty for the Twelve Schools in the Sample……….…63 Data Regarding Full-Time Faculty, Part-Time Faculty, and Librarians………....64 Student-to-Faculty Ratios..………………………………………………….……66 Summary of Data Regarding Student Changes and Faculty Changes.……………………...68 Curriculum Changes……………………..……………………….…………………………69 More Emphasis on Experiential Coursework………….…………………………74 Collaboration With Law Firms…………………..…….…………………………76 Courses Taught After First-Year Courses…………………….……….…………78 Difficulties With Innovative Approaches to Legal Education……….…….…….78 Mission Statements and Curriculum………………………..……………………79 Summary of Curriculum Changes…………..………….……………………….……………85 Results for Individuals (Interview Data)..……………………..……………………………..85 Brief Review of Methodology………..………………………………….………86 Feelings Regarding Depression……………..……………………….……..……87 Feelings Regarding Anger……………………….….…………..…….…………87 Feelings Regarding Acceptance………………………,,……..……....…………88 Feelings Regarding Denial……………………………….……..…….…………88 ix Summary of Findings Regarding Psychological Responses by Individuals……....................89 Summary of the Chapter…………………………………………..…………………………89 CHAPTER FIVE CONCLUSION ………………………………………………………………91 Findings Regarding Research Questions…………..……………………..………….…92 Limitations…………………………………………………………..………………….98 Implications…………………………………………………………………..…...……99 Recommendations for Action ………………………………………..…………...…..100 Recommendations for Further Study……………………………………...……..……100 Conclusion ……………………………………………………………………..….….102 REFERENCES ………………………………………..……………………………….……....103 APPENDIX A …………..……………………………………………….………………....114 APPENDIX B ……………………………………………………………...……………....123 APPENDIX C ………………………………………………………………………...……126 APPENDIX D …………………………………………………………...……………....…132 APPENDIX E……..……………………………...…………………………………..…….150 x LIST OF TABLES Table 4.1 Student-to-Faculty Ratio by Years for All Law Schools………………….…………..52 Table 4.2 Law School Admissions Changes between 2011 and 2018……………………..……54 Table 4.3 Changes in First-Year Enrollment and Changes to the LSAT Score at the 25th Percentile from 2010 to 2013…… ……………………………………………………………60 Table 4.4 Bar Pass Rate Changes between 2011 and 2018…………………………………..….62 Table 4.5 Law School Faculty Changes between 2011 and 2018……………….………………64 Table 4.6 Changes in Student to Faculty Ratio between 2011 and 2018………………………..67 xi LIST OF FIGURES Figure 1: Law
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