Tag Archives: rankings

Rankings and Grades–Two Inflated Currencies

Although high school students applying to colleges invariably rely on college ranking guides as a primary source of information, these guides are often misleading and, in most cases, counterproductive. Frederick Hess and Faryn Hochleitner at the American Enterprise Institute (College Rankings Inflation: Are You Overpaying for Prestige) AEI, 5/24/12 contend “the ranks of the top tier schools are growing without any evidence that these schools’ instructional quality is increasing.”

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Donors Who Launch New Colleges

      By Evan Sparks, from Philanthropy magazine

Scan the rankings of the world’s best universities and you may spot a few patterns. First, you will probably notice that, in every major survey, virtually all of the world’s 20 best schools are located in English-speaking countries. Next, within this elite cohort, it is hard to miss America’s dominance: the surveys usually place about 15 of the world’s top 20 universities in the United States. (Please see the table below.)

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The Perils of Law Schools and Their Rankings

law school professor.jpg

It may be inevitable: “gainful employment” rules for law schools. “Gainful employment” is a term of art coined in the wake of the U.S. Education Department’s regulations last June governing for-profit colleges and similar vocational institutions from which many students emerge with student-loan debt and few prospects for working at jobs they were trained for. It now turns out that America’s law schools have a few things in common with the proprietary sector: Both feature sky-high tuition relative to students’ ability to pay without taking on substantial debt, and many former students of both kinds of institutions have trouble earning enough money to pay back the loans made or guaranteed by the federal government that taxpayers must eventually cover.

The Education Department now plans to limit or deny federal grants and loans to students at for-profit schools that cannot demonstrate that relatively large percentages of their former students are paying off their student debt in timely fashion and in amounts that don’t exceed certain set percentages of their income. That’s what “gainful employment” means. This past fall two U.S. U.S. senators, Barbara Boxer (D-Calif.) and Tom Coburn (R-Okla.), sent a letter to Kathleen Tighe, the Education Department’s inspector general, that appeared to be a first step in subjecting law schools to similar controls. The senators asked the department to provide “transparency” information (presumably to be obtained from the law schools themselves) regarding tuition costs, bar passage rates, job placement rates (including a breakdown as to whether the jobs are full-time or part-time and whether they require a law degree), and the amount of federal and private education-loan debt students carry on graduation. The next step could well be a shutoff of the federal-aid spigot to law schools–the same sanction that for-profit schools face–if substantial portions of graduates aren’t earning enough to pay back their law-school loans.

Federal regulation of law schools sounds fairly drastic–but so is the current crisis in legal education. Here are some hard facts: Law-school tuition has skyrocketed over the past two decades. During the 1980s the average annual tuition at a private law school was $13,500. Now it tops $40,000. Law-school debt has also risen quickly. Students at private law schools currently borrow an average of $92,000 to finance their three years of legal education, while students at public law schools borrow an average of $59,000. Those amounts dwarf the average $14,000 that students at career colleges borrow to pay for two-year associate degrees. Meanwhile, because of the recession and the growing practice of outsourcing routine legal work to temporary employees, many of them abroad, the number of full-time U.S. legal jobs has declined by 15,000, according to a Northwestern University survey. Meanwhile, the number of U.S. law schools–and law-school graduates–is burgeoning. The American Bar Association (ABA) accredits 200 law schools, and about 20 more brand-new schools are in the ABA’s accreditation pipeline. Altogether the law schools churn out about 45,000 graduates a year, all competing for only 30,000 new job openings annually. That’s 1.5 fledgling attorneys for every available job that actually requires them to use their degree.

Furthermore–and this is what has led to all the cries for “transparency”–law schools have been accused of fudging their post-graduate employment numbers so as to game the U.S. News & World Report rankings. While the ABA operates as law schools’ official accreditor, U.S. News, with its rankings of the schools and its division of them into four “tiers” presumably based on their relative quality, is their unofficial accreditor. Because law schools, along with the universities to which they are attached crave their students’ tuition dollars (law schools, where expensive labs are nonexistent and large lecture courses are the rule, tend to be cash cows for their host campuses), the schools scramble to hoist themselves onto U.S. News’s coveted first and second tiers. One way to do this is to boast a high percentage in this crucial category that counts for one-seventh of the U.S. News ranking: “graduates known to be employed within nine months after graduation.”

Fudging the Facts

The “known” in the phrase “known to be employed” is the operative word. Law schools send their recent graduates surveys using questions devised by the ABA and the National Association for Law Placement. The graduates then self-report their employment, if any, and the school calculates the percentage of those who responded who say they have jobs and submits it to U.S. News. Graduates who fail to respond to the survey or who can’t be located don’t count. Furthermore, any kind of job counts as “employment,” even a job that requires no legal training. In a Jan. 8 story for the New York Times, reporter David Segal wrote: “Waiting tables at Applebee’s? You’re employed. Stocking aisles at Home Depot? You’re working, too.”

Even top-rated law schools seem to engage in this sort of fudging. Segal reported that Georgetown University’s law school, safely in the top tier with a No. 14 ranking, last year sent an e-mail to its graduates who were “still seeking employment” offering them $20-and-hour temporary jobs in the admissions office for the six weeks encompassing Feb. 15, the cut-off date under U.S. News’s nine-month rule. (Georgetown maintained that it did not count those graduates as “employed” for purposes of the survey.) As might be easily predicted from these loosey-goosey controls on survey accuracy, even the lowest-tiered law schools report astonishingly high levels of employment for their graduates. In 1997, the first year that U.S. News adopted the nine-month test, the average employment rate 84 percent, Segal reported. Last year that number had jumped to 93 percent, with some schools reporting 99 percent and 100 percent employment.

Furthermore, many law schools report starting salaries for their graduates that seem unrealistically high, given the current dismal market. In a July 16, 2011 story for the New York Times Segal noted that New York Law School (NYLS), a third-tier institution in lower Manhattan with a U.S. News ranking of No. 134, told the magazine that the median annual salary nine months after its Class of 2009 graduated was $160,000–the same figure cited by Yale and Harvard, which ranked No. 1 and No. 2 for that year. Only the largest and most prestigious law firms pay three-figure salaries to brand-new lawyers, and they hire most of them from top-tier, not third-tier law schools. In an interview with Segal, then-NYLS Dean Richard Matasar stood by the figure but pointed out that on its website the school explicitly points out that most of its graduates find jobs at smaller firms that pay between $35,000 and $75,000 a year. Still, NYLS conceded that only 26 percent of the 300 of its graduates who reported being employed included information about their salaries. So even the $35,000-$75,000 that NYLS cites are less than reliable numbers. Meanwhile NYLS charges around $48,000 a year in tuition, more than Harvard.

Playing the Blame Game

Since it’s estimated that a law graduate needs to earn $65,000 at a bare minimum in order to pay down a student-loan debt in the $100,000 range, there’s quite a bit of anger among unemployed and under-employed young lawyers burdened with staggering loans that, like other federal student loans, can’t be discharged in bankruptcy. Class-action lawsuits alleging fraud and misrepresentation have been filed by graduates of NYLS and the Thomas M. Cooley Law School, based in Lansing, Michigan. Until recently Cooley was on the fourth and bottom tier of the U.S. News rankings, but it now has no ranking at all because of failure to submit sufficient information. (Cooley has at least the virtue of being relatively cheap for a private institution, with tuition for full-time students at around $30,000 a year.) The blog Above the Law reports that the lawyers who launched the NYLS and Cooley suits plan to sue fifteen more law schools that have reported post-graduate employment rates ranging from 88 percent to 100 percent–rates that the lawyers say amount to misrepresentation. Some of the schools are attached to well-respected universities such as Hofstra and Villanova. The average debt load for the 2009 graduates of those schools is $108,829. Another currently unranked but formerly fourth-tier law school, Thomas Jefferson in San Diego, became the subject of a class-action suit for fraud and false advertising filed by 2008 graduate Anna Alaburda last May. Thomas Jefferson reported for U.S. News’s 2011 evaluations that 92.1 percent of its graduates were employed nine months after obtaining their degrees.

If the former law students blame the law schools for allegedly misleading them into mortgaging their futures for nonexistent cushy jobs, the law schools blame U.S. News and the outsize importance that its readers–potential students and potential donors–place upon the rankings, which can mean millions of dollars in gained or lost revenue. Thomas Jefferson, for example, maintains that it has meticulously abided by U.S. News’s reporting guidelines, even though 25 percent of its graduates could not be located in typical surveys. In a July 18 demurrer–a legal document arguing that Alaburda failed to state a case–lawyers for Thomas Jefferson pointed out that U.S. News had also published the school’s honestly reported bar-passage rates, which during the years that Alaburda applied to and attended the school were less than 50 percent (they have substantially increased since then). Any college graduate could do the math and see that numerous Thomas Jefferson alums weren’t practicing law right after graduation during those years, the school’s lawyers argued. Alaburda “pleads that she relied exclusively or primarily on the data in a summary chart published in a popular magazine, misunderstood it, made no further inquiries, and then spent tens of thousands of dollars on her legal education,” they wrote.

U.S. News in turn blames the ABA. In an interview with Segal, Robert Morse, who oversees the magazine’s law school rankings, conceded that his editors could demand better data from the schools. “But we’d have to create a whole new definition of ’employed,’ and it would be awkward if U.S. News imposed that definition by itself. It would be preferable if the ABA took a leadership role in this.” The ABA, for its part, blames law-school applicants themselves, who have known or should have known that the U.S. legal market has been depressed ever since the recession began in 2007–but decided to try to beat the odds anyway and load themselves with debt during the process. ABA president William Robinson, in a Jan. 4 interview with the Chicago Tribune, said, “It’s inconceivable to me that someone with a college education, or a graduate level education, would not know before deciding to go to law school that the economy has declined over the last several years and that the job market out there is not as opportune as it might have been five, six, seven, eight years ago….We’re not talking about kids making these decisions.”

Applicants and Accreditation

Robinson is certainly correct in one respect: There has been no shortage of applicants to law schools during the current recession–although the Law School Admissions Council did report a modest but significant drop-off in law-school applications during 2011. Only 78,900 people applied to ABA-accredited law schools this past year, in contrast to 87,900 in 2010. Perhaps some college students are finally getting the word that a legal career is not a sure thing. But the push is on for some private or public regulatory body to tamp down on the glut of graduates emerging every year from law schools with their sky-high debt and dismal employment prospects. The ABA has been urged to refuse to accredit any more law schools in the future–a step that the ABA, citing antitrust concerns, declines to take. That leaves the federal government. It’s clear that the transparency data sought by Boxer and Coburn could be only the prelude to some sort of regulatory regimen to be imposed by the Education Department, whether it’s cigarette pack-style warnings or gainful-employment rules that would deny federal student loans to schools with poor job-placement histories.

During the first week in January the Association of American Law Schools (AALS) held its annual meeting in Washington. The oversupply of jobless and debt-ridden fledgling lawyers was not on the AALS’s official agenda, but at a reception I attended for alumni of my own law school, the University of Southern California, the talk was of little else. I chatted with USC’s dean, Robert K. Rasmussen, about the problem. Rasmussen insisted that graduates of USC, a top-tier school (it’s No. 18 in the U.S. News rankings), have not been affected by the shrinking legal market. “Over 90 percent of our graduates get jobs within nine months after graduation–and they’re legal jobs,” he said. “Our graduates have a loan-default rate of close to zero. But it’s clear that some of those third- and fourth-tier schools are going to have to shut down.”

The question is: Who is going to do the shutting? And will law schools go the way of the for-profit colleges, under a level of federal scrutiny and suspicion that they have never known before?

Update: The Chronicle of Higher Education reports that an ABA committee has recommended that law schools be required to report detailed information about their graduates’ salaries to applicants and the public as a condition of accreditation. The salary lists would include breakdowns for 15 different categories of employment (such as large law firms, public-interest firms, and so forth), and three different percentiles of salary figures. The new recommendations will go before the ABA’s Council of the Section of Legal Education and Admissions to the Bar in March.

Don’t Pay Sticker Price, Part 2—the National Universities

Read Part 1 here.
In examining the gulf between sticker price and real cost, let’s consider the top 10 national universities as defined by U.S. News & World Report in its most recent rankings. Using U. S. Department of Education data, I compiled the average net prices that students from different family income groups would pay at the top 10 national universities combined.
Despite total sticker prices averaging more than $50,000 a year at these top 10 universities, net prices range from a low of $4,652, paid by students from poorest family income group, to a high of more than $35,000 paid by students from the richest category of family income.
These averages, however, mask the significant differences in net prices paid by poor and rich students at the individual institution. At Harvard, students from families in all income categories fare significantly better in terms of net price than they might at Harvard’s competitors. Harvard’s poorest students, whose parents earned $30,000 or less, paid net prices averaging just $2,170, significantly less than the average net price charged low-income students at all the Top 10 national universities.

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Two Problems with the New Doctoral Rankings

The National Research Council has finally issued its rankings of doctoral programs, with coverage appearing here, here, and here . Right now, everybody is trying to assimilate the results, which are more complicated than those in the 1995 report. The “Data-Based Assessment” runs to 282 pages, the “Guide to the Methodology” 57 pages, and each one contains numerous cautionary notes about the conclusiveness of the findings.
Still, however confusing and tentative the results, they bear tremendous authority and universities will plumb them for good news and trumpet them in years to come. For this reason, any criterion that plays a role in the rankings process has a powerful, long-term impact on post-graduate education and research in the United States. If the NRC used one, the logic goes, then it’s a settled norm, and universities looking to rise in the next version of rankings should consider it well.
It is troubling, then, to find two criteria implemented in the project that are, in truth, dubious measures of the quality of research in at least one area of graduate study, the humanities.

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The Achilles Heel of the U.S. News Rankings

In 1983 U.S. News & World Report came up with what Ben Wildavsky, a former education editor at the magazine, described as “a journalistic parlor game.” The magazine had just conducted a successful survey of U.S. leaders to identify the most influential Americans. Why not, the editors asked, use a similar approach to identify the country’s top colleges and universities?

So U.S. News sent surveys to college presidents around the country asking them to pick ten colleges that provided the best undergraduate education in their particular academic niche. The magazine published the results in 1983 and again in 1985, and by 1987 the project had morphed into a free-standing guidebook entitled America’s Best Colleges. “No one imagined that the rankings would become what some consider the 800-pound gorilla of American higher education,” recalled the late Alvin Sanoff, the longtime managing editor of the rankings project.

The gorilla continues to stalk U.S. higher education. Last week Daniel de Vise of the Washington Post reported that “a small but determined” group of college presidents in the Washington-Baltimore area is now boycotting the “peer assessments” questionnaire that U.S. News & World Report sends them every year as part of its process of updating its college rankings. Their protest follows a report last year that another group of college presidents across the country had pledged to do likewise.

It’s easy to understand why college presidents don’t like U.S. News butting into their affairs in the first place and might be inclined not to cooperate at all (as Reed College has done). John Burness, the former communications chief at Duke University, probably spoke for most of higher education when he observed in 2008 that the precision that U.S. News ascribes to its rankings “is, on the face of it, rather silly.”

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Does U.S. News Make Law Schools More Expensive?

By Frank J. Macchiarola and Michael C. Macchiarola
Why do law schools charge higher and higher tuitions that keep outrunning the cost of living? In the two decades ending in 2007, according to the American Bar Association, the cost of attending the average private law school (including tuition and fees) more than tripled–increasing from $8,911 a year to $32,367. Unsurprisingly, the average amount borrowed by law students has risen just as dramatically. Last year’s average private law student graduated with more than $87,000 in law school debt.
In trying to understand this phenomenon, many have blamed the American Bar Association’s Standards for Law Schools. The ABA accredits 200 American law schools that adhere to the Standards and, by doing so, permit their graduates to sit for the bar examination in every state. These standards govern student’s course of study, the law school’s administration, the faculty’s rights and obligations and the adequacy of the physical plant. Among other things, law schools are reviewed in a comprehensive three-day site visit with several visitors every seven years to maintain their accreditation.
Others, particularly law school deans, who face competitive pressures from other law schools, have blamed the U.S. News and World Report rankings of law schools. These critics believe the rankings spark a tournament of law schools to compete on the magazine’s terms, often at great costs and at the expense of more student-centered activities. In a December 2009 report to the Congress, the General Accounting Office dealt, in part, with concerns that have been raised about how some of the accreditation standards of the ABA may affect the cost of law school.

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The Rankings Go Global

The Times Higher Education Supplement has now come out with its sixth annual listing of the world’s top universities. Harvard continues to top the list, followed by the denizen of that other Cambridge across the Pond, which has now edged out Yale. The big news this year: the number of North American universities in the top 100 dropped from 42 to 36 from last year, while Asian universities are coming on strong.
I typically react to such news items in three stages. First, OMG, American higher education is tanking. Then I begin to fear that U.S. News & World Report copy-cats are taking over the world. Then the left side of my brain checks in and I ask myself whether such international comparisons are worth the bother.
Let’s take these reactions one at a time, not necessarily in chronological order.

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Happy Holidays

Happy holidays to our readers. We’d encourage you to catch up on material from recent months:
Wondering how to read College rankings? – When College Rankings Are A Marketing Ploy by Edward Fiske.
About the collapse of endowments? Ivy-Covered Hedge Funds by Joe Malchow
Looking for current arguments in the SAT debate?
Downgrading SATs Makes Sense by Peter Sacks
Does the SAT Predict College Success? by Peter Salins
And much more – check out our essays and keep informed.

Three Reasons Not To Believe The U.S. News Rankings

1. Several colleges have refused to return the U.S. News surveys asking colleges for opinions of their peers. The obvious question is why “peer review surveys” on an institutional level were ever regarded as helpful? It’s one thing to ask a philosophy department for their opinion of their peers, but a whole university? The level of participation in the “peer review survey” dropped to 46 percent this year in the National University category. Not long ago, nearly seventy percent of colleges were responding. That’s a measure to do away with now, before the mailbox turns up completely empty.

2. As the peer review survey sails softly into the night, U.S. News has come up with an even more tendentious gauge of quality — asking college counselors for their opinions of schools. They asked 1600 counselors, one each from their list of “America’s Best High Schools” (all Must be ranked) to evaluate schools. Hopefully guidance counselors are well-informed about colleges. They’re also usually either: 1. accomplished dealmakers undoubtedly swayed by collegiate favor, or 2. accustomed to patterns of success, and familiar principally and overwhelmingly with local colleges. In either case, I’m not sure what U.S. News gains.

3. Yet another proof of savvy colleges playing the rankings from The Huffington Post:

U.S. News & World Report, the 600-pound gorilla of college rankings, may have to overhaul its law school rankings because law schools have figured out how to play the game better than the magazine that dreamed up the rules in the first place. U.S. News & World Report uses the performance of full-time law students to determine its pecking order, and that pecking order, in turn, can determine the job security of a law-school dean. So a couple of them created a clever detour: They channeled their less-impressive students into a less-demanding part-time program their first year; hid them there, in effect, until they hit their stride, and then transferred them into the full-time program their second year. The rankings don’t take part-time or second-year students into consideration. Bingo.

Generally speaking, it’s not encouraging when the most minor categories are reliably more useful than almost anything on the main list. “Most Students in a Fraternity”, “Most Merit Aid”, “Most Students Who Study Abroad” – those are lists you can really use. The main ranking? Well, that’s another story.