Interestingly, before a change like this could occur there would be a period of enormous amount of public comment. The ABA’s power is only via state supreme courts that have acquiesced in the notion that ABA graduates can sit for the bar. I am not sure if state’s would agree with such an extension. In other words, if the ABA tries to approve schools outside the US it would need to get the blessing of the states first. That discussion, to the best of my knowledge, has not even started. Many states may find it difficult to reconcile the potential that a graduate of a foreign law school can sit for their bar but a person from a non aba approved law school located in the US cannot sit for the bar.

Kurt

Colleagues are a bit split about what a JD would mean at a top Chinese firm, some think it helps, others feel it would cause the firm to worry you’d want to jump ship quickly and go to a US/UK firm, so perhaps I overstated that in my comment this morning, but LLMs are expected, either before you get to the firm or within your first 2-3 years at the firm.

If the school doesn’t get ABA accredidation, I don’t think there are many students who’d want to go. As I mentioned earlier, you can already do an LLM in English at Qinghua that I believe allows you to take the NY bar, so why bother with a 3 year program that wouldn’t let you take the bar at the end? Also, it has the negative that Charlie pointed out, right now the Chinese undergrads get a Chinese law degree, then go to study a JD/sJD/LLM in the US/UK to supplement that, making them more tempting, but if this program doesn’t accept law students AND doesn’t have the ABA’ support, why bother? That said, it has the Beida name behind it, so I’d never underestimate it.

I do agree that the battle for ABA approval is not going to be easy and I honestly have no idea how the whole accredidation process works and so attempting to speak intelligently about it would be a mistake. That said, I could see how the internationalist nature of this could appeal to some (but could also work against the school). As above, though, I’ll never underestimate Beida….

I personally have no problem with Shenzhen, though I did think it slightly strange that Beida wouldn’t keep their law school near the main campus. I would’ve hoped that such a program, if it was indeed worthy of such an undertaking, wouldn’t be just put on experimental status in Shenzhen. Instead, I do think that it should’ve been in Beijing if it was going to try to seriously vie for ABA accreditation. Of course, I don’t think it makes a big difference, but it could raise some questions as to just how committed Beida is to this program.

One thing I didnt know is that you needed particular degrees to get into the biglaw firms. I have been practicing entirely in the U.S., so this is news to me, and I appreciate you pointing that out. My question is this: will this J.D. actually mean anything for admission to a prestigious lawfirm if the law school does not get accreditation? I’m not certain either way, and appreciate perspective on this.

Ultimately, I do not think this school will gain ABA accreditation in the near future. The ABA is quite protective and lately has been wanting to revoke accreditation, rather than granting it. Even UCI’s new Bren law school with Erwin Chemerinsky is still going to have to fight for its accreditation. Given the ABA’s desire to be a gatekeeper and try to limit such accreditation, I am not hopeful that Beida’s school will get it. Both because of the fact that American law schools are producing too many lawyers (which they are) and because lawyers, like other professionals and academics, tend to be strong gatekeepers (which is a self-preservation technique).

I hope I am making sense since its a bit late right now.

Why Shenzhen? Its simple, like any great experiment, like the one that “old man” conducted back in the early 90s, Shenzhen puts it out of the spotlight. If it fails, nobody notices, if it succeeds, it can very quickly be brough to Beijing. I think the choice of dean shows that Beida means business, all major Chinese firms have offices in Shenzhen (for internships during the school year), while all major US/UK firms have HK offices (just across the border, easy for OCI). Plus, Shenzhen is arguably China’s most livable city for foreigners.

You are also off with your 3rd point. If you are a Chinese graduate and you want a decent chance of getting a job with even a top Chinese firm, you need to be either a Beida/Qinghua/Fudan grad and/or have a US/UK LLM to get you in the door. A US JD from a tier 1 school almost guarantees you a position and high status in a top 5 Chinese firm, it will also get you in the door at US/UK firms. If you are not a graduate from one of those 3 Chinese law schools (and maybe add Zhejiang and Renda), and you don’t have a US/UK LLM, you basically have no shot at a Chinese or US/UK “biglaw” firm.

Hehe, in any case, its an interesting conversation and I’d like to hear your thoughts on these additional points. It will be interesting to see what happens with this school over the years.