My Thoughts on a Recent U.S. News Article

We all know U.S. News, and most of us in higher education have a love/hate relationship with the publication. I have been a contributing expert to it on several occasions, so I mean it when I say that I find myself in the odd position of advising applicants not to believe everything you read from the purported experts!

In the article Worst Advice Ever Given to Law School Applicants” (https://www.usnews.com/education/best-graduate-schools/top-law-schools/applying/articles/worst-advice-ever-given-to-law-school-applicants; January 16, 2025), Anayat Durrani outlines bad advice given to would-be law students. While I wholeheartedly agree with most of the statements made by those interviewed, I write to take issue with the first item covered: “Myth: There’s No Harm in Retaking the LSAT.”

The first “expert” interviewed states “While retaking the LSAT can improve your score, it’s far from risk-free. Law schools often see all of your scores, and some may average them or consider multiple attempts as a lack of preparedness.” Okay, first, law schools see all of your scores taken within five years of applying. If you cancel a score, they see that too (and nobody cancels a good score). Second, the vast majority of law schools no longer average scores. That practice was done away with quite a long time ago. Think of it this way - law schools are incentivized to give you credit for the highest score, as that is the number they will report out to the ABA and on which their rankings will hang. Simply put, do not worry about them averaging your scores!

Another “expert” says “Retaking the test also means you're likely to submit your application later. And since most law schools use rolling admissions – reviewing applications as they're received – ‘retaking the LSAT may impact negatively on the timing of action on your application’.” While the person has a point in that retaking the LSAT might cause you to apply later in the cycle, I disagree with the implications of this statement. Yes, most law schools work on a rolling admissions cycle and, yes, applying earlier in that cycle is to your advantage … within limits. I tell my clients that I would rather see them apply in December with a 165 than in September with a 155. Sometimes earlier isn’t better, it’s just earlier. At the end of the day, law schools want to see a higher number, so you are better off retaking the LSAT and applying a little later with the higher score. That is, of course, as long as you are not applying really late in the cycle. If that’s the case, you should still retake the test and apply in the following year’s cycle with the higher LSAT score.

I’ve advised thousands of law school applicants, and over 90% of them have taken the LSAT more than once. It is a tricky, three-headed monster of a test, and it’s very common for applicants to need to revise their test prep strategy and preparation methods. If there is more than a four point gap in scores, I advise writing a very brief explanatory addendum to schools outlining the reason(s) for the score increase.

As with many things, the law of diminishing returns applies and there comes a time when an applicant has hit his or her personal ceiling on the test. In that case, it’s futile to keep going back to the well. But, as in many of the cases I’ve seen, it behooves the client to retake the LSAT. The difference in scores could very well be the difference in where they are accepted. And, one final thing, merit money often chases the LSAT. So, if an applicant is hoping for merit awards from schools (as most are), it is in their best interest to retake the LSAT if they have a reasonable belief that they can score higher.

The Legal Employment Market is Hot, Hot, Hot!

For those of you who graduated from law school in 2021, you entered one of the strongest legal job markets in recent history (class of 2022 data is not yet available). The National Association of Law Placement (NALP) recently released its findings, and they looked amazing. For those graduating in 2022, and 2023, the market also looks promising.

So … what about the next round of applicants, who would graduate in 2024 or after? Well, there’s some indication that we might be at the top of the curve (think bell curve) and that the numbers might stay the same or go down a little bit, but I’ve been doing this since 2008 and think that law school remains an excellent proposition. Even when the bottom dropped out in 2010 and 2011, my students were getting jobs. Good jobs.

If you’d like to read the entire NALP report, you can find it here: https://www.nalp.org/classof2021. As always, please reach out with any questions about the law school admissions process.

Applicants: Clean Up Your Social Media Presence!

I feel like a broken record on this point, but I think this is a message worth repeating: be careful about what you post on social media sites! Schools can - and sometimes will - review a student’s social media posts if they have questions or concerns. When you choose to put it out there you forfeit any purported right to privacy. Period.

I’ve spoken before about Harvard University’s 2017 decision to rescind the acceptances of 10 students for offensive Facebook posts (https://www.npr.org/sections/ed/2017/06/06/531591202/harvard-rescinds-admission-of-10-students-over-obscene-facebook-messages). Well, Marquette University has just rescinded an athletic recruit’s acceptance and scholarship for a racist (and highly disturbing) Snapchat post regarding the George Floyd tragedy. (https://www.tmj4.com/news/local-news/marquette-university-rescinds-recruits-admission-scholarship-over-george-floyd-snapchat-post). Like all decent people around the country - and the world - I’m furious and heartbroken over Mr. Floyd’s murder and the systemic racial problems that plague our nation. And, like Marquette University, I’m horrified by the student’s post.

This is an extreme example, to be certain, and I definitely do not believe that most young people share this student’s sentiments regarding the treatment of Mr. Floyd. Yet, I reference it to underscore the point that social media posts have consequences: in college - in employment - in life. Do not be fooled by the notion that posts on sites like Instagram and Snapchat are somehow temporary. Once posted, your words, pictures, and thoughts will remain forever in the information underground. Even if a post is the result of carelessness (rather than something more malignant) it can indicate a lack of good judgment, and good judgment really matters. Colleges are looking for character and judgment in addition to scholarship, talent, and ability. As well they should be! In the span of four short years you will go from applicant to alum and, as such, you will be an ambassador for their institution, their mission and their values.

I genuinely believe that most people have good hearts and intentions. Having said that, your social media presence is akin to your fingerprint. What do you want it to say about you?

Never Let a Good Crisis Go to Waste ....

We’re all wondering what will happen this fall. While updates stream in on a daily basis, my crystal ball remains broken. If the medical and public health experts are unable to make definite predictions at this time, suffice it to say that I know better than to venture into that jungle. I can, however, share some examples of innovation from several colleges around the nation (there are countless more!) along with some personal perspective.

Rahm Emmanuel is often credited with coining the phrase “never allow a good crisis (to) go to waste.” The authors of the Yale Book of Modern Proverbs posit that it can be traced to one M.F. Weiner, who used the term in 1976 in the journal Medical Economics. Regardless of who first said it, the sentiment could never be more relevant than it is right now. It’s times like these that bring out not only the worst - but also the best - in us. We innovate, we collaborate, we … “build a better mousetrap …” (we’re pretty sure Ralph Waldo Emerson said that last one). Let’s talk about a few recent examples.

UC San Diego recently revealed its Return to Learn Program, a phased initiative that begins this month with the 5,000+ students still residing on campus. Participants will self-test for COVID-19 with provided kits. If a participant tests positive, he/she will be notified and advised to seek medical attention. Efforts will also be made to track and notify individuals who were in contact with the infected participant. Isolation housing will be provided and steps are being taken to maximize the privacy of participants. If successful, this program will be scaled to accommodate the 65,000+ people who will, hopefully, converge on the campus come fall. https://ucsdnews.ucsd.edu/pressrelease/introducing-the-uc-san-diego-return-to-learn-program

The University of Miami’s president , Julio Frenk, recently outlined a four pillar plan to reopen campus for in-person instruction for the Fall 2020 term. https://www.themiamihurricane.com/2020/05/04/president-frenk-outlines-his-plan-for-a-return-this-fall-2/ Dr. Frenk, a former executive director at the World Heath Organization and former dean of Harvard’s Chan School of Public Health, stated that his plan includes provisions for testing, tracing, separating and, finally, vaccinating (when available). “We just need to coexist with this virus and adapt” said Frenk. While he is closely monitoring the spread of the virus throughout the country, he went on to state “(a)t this point, it would take something really very dramatic, which I do not envision, for us not to open in the fall.” UM has stated that it would give students and their families a definitive answer about the fall semester in June.

At the University of Pennsylvania, they’re training COVID-19 sniffing dogs! In April, a pilot program was kicked off using scent detection dogs to differentiate between COVID-19 positive and negative patients. The U.S. Army Combat Capabilities Development Command Chemical Biological Center will soon be joining Penn in this endeavor. As a proud Penn alumna, I cannot resist saying Go Quakers and Quaker Pups! https://powerofpenn.upenn.edu/new-priorities-at-penn-vet/

Will all colleges open in the fall? Will any? It’s still a little too soon to know, but it’s very unlikely that there will be a one-size-fits-all response to this pandemic. This is because each college and university must respond to its individual environment and ecosystem. A small, rural school, for example, may have an advantage over an urban research university when it comes to social distancing, thereby keeping outbreaks at bay. Having said that, the urban research university may have at its disposal health care workers and hospitals, quickly coming to the aid of infected students. It’s incumbent upon all of us to look at this situation on both a macro and micro level and to educate ourselves about what’s happening at the particular schools we attend or are considering attending.

With rising death tolls and collapsing economies, it’s easy to become pessimistic about our current state of affairs. I don’t diminish the enormity of these problems or the suffering endured by their many casualties. Having said that, I’m hopeful when I read what people are trying to do. The above are but three of the many examples I’ve recently come across that show the ingenuity, tenacity and determination at work on college campuses across our nation. We send our students to college to create - to innovate - to challenge. It’s heartening to see that we’re entrusting them to educators who lead by example.

So ... What About the Fall Semester?

If your kids are anything like mine, the thought of not returning to campus in the fall is sitting right next to unthinkable. I have two daughters - one in graduate school and the other a junior in college. Both are eager to get back to the traditional style of learning they’ve grown to know and love.

But will colleges be able to welcome students back to campus in the fall? That’s top of mind for so many of us and the short, unsatisfying answer is that we just don’t know. Having said that, the clock is ticking on when university administrators will have to pull the trigger on a decision. One way or another. As we watch them, they cautiously eye each other; it turns out that universities, like humans, have something of a herd mentality and we can hardly blame them for that. This much we know for sure: EVERYONE wants college campuses to be able to safely open for the Fall 2020 term. Students have suffered myriad inconveniences and disappointments, to be certain. But colleges have taken an unprecedented financial hit. For example, the University of Michigan estimates that its losses could rise to the $1 billion mark by the end of 2020! All across the country, colleges are instituting salary and hiring freezes, stopping building campaigns and beginning the furlough process. In short, the situation is not pretty. For many smaller schools without robust endowments, COVID-19 could spell the end of their existence and they will be forced to shutter permanently.

Having established that colleges want to reopen just as badly as students want them to, what are the possible scenarios? Beloit College in Wisconsin has announced “The Beloit Plan” which will, among other things, essentially divide the 20/21 academic year into two mods, each containing two courses that will be studied intensively and completed on a shorter time frame. https://www.beloit.edu/our-story/the-beloit-action-plan/. Yesterday Purdue University’s president, Mitch Daniels, penned a letter that appears to indicate that Purdue plans to open this fall. In that letter, President Daniels outlines some possible ways to protect the safety of the community, including spreading out classes across days to reduce their size, requiring those in vulnerable populations to learn virtually, and pre-testing students and employees before arrival on campus. I invite you to take a look at the entire letter here: https://www.purdue.edu/president/messages/campus-community/2020/2004-fall-message.php

Perhaps President Daniels is the first to go out on a limb in this brave new world and we will watch many other schools follow suit. Wouldn’t it be terrific if that could safely happen?! Of course, as an avid movie fan, I must admit that the letter evoked a scene from one of my favorites, Jaws: https://getyarn.io/yarn-clip/cf526498-9a6e-4d9d-a2ab-15247aec41ae.

A recent article in Inside Higher Ed outlined 15 possible scenarios for the fall term (https://www.insidehighered.com/digital-learning/blogs/learning-innovation/15-fall-scenarios) and the following list is quoted from that article.

Here they are:

1. Back to Normal

In this scenario, the fall semester looks like any other fall semester.

2. A Late Start

One possibility for the fall is that colleges and universities begin the semester later than usual, perhaps sometime in October or even early November, whenever the social distancing restrictions can accommodate students gathering together in classes on campus. Schools may choose to start online and then pick up face-to-face slightly later in the semester, or they may postpone the start of the semester until there is a vaccine, better testing or a clear turning point in our fight against the ongoing spread of COVID-19.

3. Moving Fall to Spring

While under the previous scenario the fall semester would start late, it still assumes a fall semester would take place within the boundaries of the normal fall semester. In this scenario, the fall semester would be postponed until January 2021. From there, schools might choose to push back the spring semester to the summer, or push through a modified calendar to make spring and a much shorter summer session possible. This is a drastic step, but it is one that some colleges are actively considering as part of their fall planning.

4. First-Year Intensive

How a student begins their college experience may be the best predictor of how their college experience will end. The ability of a student to persist through the rigors of college life is in part dependent on the quality of the support they receive in orienting to the independence and intensity of college-level work. Recognizing the importance of the first year and the first few weeks and months of the transition to college, this plan brings only first-year students to campus in the fall. First-year students learn in residential classes, while also participating in a full range of campus-based orientation and social-connecting exercises. Sophomores, juniors and seniors continue to learn remotely for the fall semester.

5. Graduate Students Only

Like the first-year intensive model, this approach would identify select student populations for return to campus. In this model, a smaller population of graduate students might return to campus to continue studies and to help with research continuity. There are other ways of identifying student populations -- by school, by major, by class -- that could also be combined with curricular and administrative considerations such as class size and need for face-to-face interaction.

6. Structured Gap Year

Many colleges and universities have extensive study abroad and gap year options. While study abroad will still likely be a challenge in the fall, one approach to creating a lower-density model for the fall would be to implement a broader-scale approach to gap year experiences. Students could propose project-based experiences that could be implemented and managed while social distancing rules are still in place. This model would depend heavily on whether options for students to make the gap year a meaningful experience are available given social distancing restrictions.

7. Targeted Curriculum

One approach option for fall is to reduce the number of courses being offered to limit on campus density and to prioritize support resources. Schools are considering a variety of ways of doing this, including focusing on core courses or signature experience courses, eliminating low-enrollment courses, and prioritizing courses that can be more easily adapted to multiple modalities. Courses that are not part of the targeted pool are taught online.

8. Split Curriculum

In a split curriculum scenario, courses are designed as either residential or online. Students who are able to come back to campus (up to the population in which social distancing rules can be enforced) can choose to enroll in either format. Requiring a defined proportion of enrollments to be in online courses for residential students may increase the number of students that can return to campus. This scenario has the advantage of simplifying the course-development process for faculty and the course-selection process for students, while also running the maximum number of residential courses possible while adhering to social distancing guidelines.

9. A Block Plan

This scenario mimics what some colleges already do. Students would take one course at a time during much shorter (three or four weeks) sessions or blocks, run consecutively for the entire semester. The advantage, besides an interesting and intensive pedagogy, is flexibility. If something were to change in the situation related to the pandemic, such as a new second wave of infections, schools could more easily pivot to remote or face-to-face learning at breaks between blocks.

10. Modularity

The block plan is a dramatic departure from the normal curricular structure at most schools. It would likely require a full rethinking of the curriculum, teaching practice and administrative processes. Moving to a more modular course model might be more attractive and more easily implementable within existing structures. Courses could be structured in a variety of ways that would be consistent with the mission and signature strengths of the institution. At one institution, students might take five course modules over seven and a half weeks and then switch to a different five courses. Or students might take a semester-long seminar in their major with shorter modules for electives and labs.

11. Students in Residence, Learning Virtually

Much like the model of Minerva Schools at KGI, this approach would bring students back to campus, perhaps at a slightly less dense rate, while still teaching courses in a virtual environment. Students would be able to take advantage of many co-curricular activities that were set up for effective social distancing, but classes, where the correct density of students sitting for long periods of time in a room is still a relative unknown, would be taught online.

12. A Low-Residency Model

In this model, similar to how many online and executive programs work now, students would come to campus for intensive face-to-face experiences and then return home to complete the semester online. Students would be brought to campus in iterative waves. This would allow for greater density control. Rich face-to-face pedagogical experiences with peers and faculty could be developed while still maintaining social distancing. The online part of the semester would be enhanced by student familiarity with each other.

13. A HyFlex model

The HyFlex model is perhaps the most flexible and for many will be the most attractive. It is also possibly one of the more difficult approaches for faculty. In this model, courses would be taught both face-to-face and online by the same instructor at the same time. Students could choose to return to campus or stay home. Those on campus could be assigned certain class slots when face-to-face is an option, allowing the schools greater control of social distancing in the classroom. This model tends to privilege synchronous learning, and to do it well often requires real-time in-class help (a TA or course assistant to manage the online students), an intentionally designed classroom and a great deal of patience from both the students and faculty.

14. A Modified Tutorial Model

Another approach that gives students and the university a great deal of flexibility is a modified tutorial model. In this model, students would take a common online lecture session. Faculty and or TAs would then meet with small groups of students in tutorials that would allow for social distancing to be employed. Unlike the HyFlex model, a modified tutorial model does not require additional in-class support to manage the technology. The disadvantage is that it asks more of a faculty member’s time to be dedicated to meeting with students.

15. Fully Remote

Perhaps the most obvious option for the fall is to continue doing what we’ve been doing this spring. Students would be taught in a virtual environment from wherever they happen to be. Successes from this spring could be carried over to the fall, and lessons learned could be employed. Co-curricular activities would be a challenge, but student groups and many activities could be carried forward online, if only temporarily.

These models are not all distinct, and many overlap. Each brings with it nuances and opportunities for modification and creative solutions unique to a specific campus. Many will require highly adaptable faculty committed to marrying synchronous and asynchronous learning in flexible, dynamic ways.

Additionally, all of these options may not be completely feasible at any one institution, but all may turn out to be necessary thought experiments as schools plan for the unknowns of the coming academic year.

What is clear with any of these models, though, is that support for teaching and learning, advising, student (not to mention faculty and staff) health and well-being, and coordination and logistics will need to be reinforced in all of these 15 scenarios. Adopting any (or any combination) of these scenarios for the fall will also require us to reimagine how we build a supportive learning community. None of this will be easy.

So … what about the fall semester? For now, we’ll have to wait and see. Things are changing daily, so please feel free to reach out if you have any questions or to discuss your particular situation. In the meantime, stay healthy!