ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Friday, February 10, 2012

Law Suit Over a "D" in Contracts

ExamAs the ABAJournal reports here, two students have elected not to go gently into that good night but to sue their law school for dismissing them after they failed to maintain a 2.0 GPA at the end of their first year in law school.  The culprit, the students allege, was their contracts course, in which they were awarded grades of "D."  The kicker -- the course was taught by an adjunct professor.  

The offending course was Contracts II, a 3-credit course which accounted for precisely 10% of the students' aggregate GPA for the first year.  It is very hard to imagine that this "D" was a significant departure from the students' performance in their other first-year courses.

This brings to mind once again Professors Amar and Ayres' proposal that Law Schools offer to rebate 50% of first-year students' tuition if they will quit after the first year.  These two students would benefit from such a system, although one might doubt that bounded rationality would enable the students who, in the long term, would benefit most from such an offer would actually take it.


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