Rationality, Legitimacy and Closure in the Legal Profession.

This research integrates institutional theory with social closure theory to explain variations in the bar examination pass rate across states and over time. Specifically, it examines variations in the pass rates of 50 states over a period of 50 years from 1950 to 2000. Collective rationality variants of institutional theory suggest that changes in the norms of a group will benefit its members. Therefore, it is anticipated that pass rates imposed by the members of state bar associations will decline as the number of persons taking the bar examination increases in order to limit competition for clients. Cultural diffusion variants of institutional theory suggest that organizations will converge on similar norms whenever the legitimacy of those organizations and their norms are called into question. Consequently, it is anticipated that the members of state bar association will employ similar norms whenever the legitimacy of these norms are challenged. In general, a qualitative examination of the historical evidence on changes in the average state bar examination pass rates over time and the variation across states in their bar examination pass rates confirms these theoretical propositions. Further statistical analysis is required to establish the importance of other variables, such as changes in the numbers of lawyers in each state relative to its population and changes in the incomes of the lawyers in each state, in this process of occupational closure. [ABSTRACT FROM AUTHOR]