The innovative,
curriculum of American Bar Association
students from elsewhere in the country.
accredited law schools and draws from case-
Since ABA accreditation is not available
competitive, for-
books and textbooks found on typical "fixed
for Concord, Concord instead highlights
profit education
facility" law school campuses. Concord
that it is a division of Kaplan Educational
market stands in
describes a typical day as consisting of "read-
Centers and is committed to maintaining
ing and briefing cases offline; attending a pro-
Kaplan's reputation for educational excel-
stark contrast to
fessor-led chat room; discussing course work
lence. Concord also emphasizes its faculty
the stagnant pub-
with classmates in an online study group; or,
and advisers, including legal scholars such as
doing research using one of the electronic net-
Arthur Miller, Bruce Bromley Professor of
lic school system
works available to Concord students."9 3
Law at Harvard Law School.97
that holds almost
Currently, more than 500 students are
The success of online institutions in
90 percent of the
enrolled in Concord's juris doctor and execu-
attracting students highlights the consider-
tive J.D. programs, and Concord expected
able changes that technology makes possible,
nation's children
nearly 750 students in the fall of 2000.9 4
including challenging traditional notions of
captive each day.
"college." Since online universities are more
Concord University demonstrates one
affordable and do not require students to
way in which regulations get in the way of
spend their days on a campus, they have the
new forms of higher education. Concord is
potential to eliminate some of the barriers
authorized to award degrees by the Bureau of
that prevent people from obtaining degrees.
Private Post-Secondary and Vocational
For example, the average age of a student at
Education in California and is accredited by
Concord is 40 years,9 8 which suggests that
the Distance Education Training Council.
Concord has also complied with the registra-
online colleges are attracting a different
tion requirements of the California state bar.
clientele than does a typical university.
Therefore, Concord graduates can apply for
Furthermore, the accessibility and afford-
admission to the California bar and, upon
ability of online instruction may be particu-
passing the test, are qualified to practice in
larly important to low-income individuals
California courts.9 5 However, Concord is not
and people with physical limitations who
traditionally have had less access to higher
accredited by the ABA because the ABA and
education.
state bar associations do not evaluate or
accredit online legal programs:
Policy Implications
The standard for most fixed facility
schools is accreditation by the
American Bar Association (ABA).
The innovative, competitive, for-profit
ABA accreditation allows graduates
education market stands in stark contrast to
of the accredited schools to sit for
the stagnant public school system that holds
the bar examination in any state.
almost 90 percent of the nation's children
However, distance education pro-
captive each day. Moving toward a market-
grams do not meet the "residence
based system holds great promise for
study" requirement of the ABA, and
improving the quality of education in the
therefore they are ineligible to apply
country. There are numerous studies that
for accreditation.96
demonstrate the benefits to be had from sim
-
ply allowing parents choice among public
schools. Even that limited bit of empower-
As a result of state regulations that require
ment has been shown to improve parents'
that, to take the bar exam, one must have
satisfaction with the schools and raise most
graduated from a law school accredited by
children's test scores.9 9
the ABA, Concord University graduates can
take the bar exam only in California. That
However, as Perelman concludes in
makes it more difficult for Concord to attract
School's Out, just providing "choice" among a
14