So now we've got the word out and have gotten a lot of support for WHY. From what I've been hearing from students talking to faculty and faculty themselves is, "I would love to do it, but HOW?" We're law students so it's time to think about legal arguments and supporting authority.
Here are the areas we need to research:
1. Are there any other schools that retroactively adjusted their curves?
UCLA has a policy of the one time retroactive grade change for 2L's and 3L's. Are there any other such programs or policies?
2. How are we going to deal with SW transfers to other schools?
One idea was to re-emphasize the "current" part of current students and highlight the fact that transfers have chosen to take their education elsewhere. Also, transfers need good grades and usually had them first year. And, transfers usually transfer up and will most likely land themselves in a more favorable grading situation.
3. What about the people that were disqualified first year?
Again, sticking to our "current students" class of persons, the change would not apply to disqualified students and would also not apply to graduated students.
4. What about those worried about grade dilution?
One thing suggested here is that the older grades should be weighted heavier so that the rankings do not change. Another suggestion was hiring someone to write a computer program to adjust the distribution without affecting rank. I am kind of a computer program dummy, so if anyone knows about the actual feasibility of the computer program, please email me asap.
5. What about liability to those not included in the retroactivity?
A possible source of liability came from the due process context. But, for there to be a due process violation, similary situated people will not be treated alike. Here, if the retroactivity applies to current students, then students who have graduated will not be similarly situated. Our grades are not yet final, our law school careers are far from over, and we have not yet stepped out into the job market to find work. I don't know. Just throwing this out there.
Another student suggested that the school may be insulated from liability because of the subsequent remedial measures doctrine. I need to research more on this for sure.