Oh right, I forgot that 40% employment 9 months after graduation is totally acceptable. OP, I retract my statement - feel free to attend either of these top notch legal institutions.
You're attempting to obfuscate the argument by attributing to me a point that I never made. I am making no claims whatsoever about the acceptability of employment trends for either school. I think we'd both agree that 42.7% is low.
I am simply pointing out that a very specific claim made by you (that it is more likely than not that a LLS grad will never work as an attorney) is unsupportable. The raw data required to substantiate such a claim does not exist. Unless you can provide at least some evidence to support your claim, it makes more sense not to believe you than to believe you.
You're correct that some inferences can be drawn from the existing data. Clearly, the job market is bad, and people are having a hard time finding work. This data has to viewed in context, however. Most people, especially from non-elite schools, are not truly competitive in the job market until they pass the bar. This means that many grads have only been seriously competing for three months when the employment data is collected. In this market, that's nothing.
You're looking at one snapshot in time, nine months after graduation, and assuming that it will never change. I, too, am making assumptions, but my assumptions are based on experience in the Los Angeles market. It's not far fetched to assume that some people will obtain employment more than three months after passing the bar.
42.7% does not represent the total percentage employed. It only represents those who have passed the bar on their first attempt, and are in fulltime, long term positions. Others who are employed in short term or part time positions are still practicing law and building up experience. Some of those positions will mature into job offers, and others will act as a platform for the new attorney to network and gain experience, thus increasing their chances of securing long term employment.
To your point regarding those who have not found employment within a year, there is a huge difference between someone whose resume has a year-long blank spot and someone who has, say, worked as a volunteer at the DA's for a year and has done a dozen trials. That person has a decent shot at getting a job, but shows up in the LSAC report as unemployed.
Since many people use part time and volunteer positions to gain experience and improve their overall marketability, it's not a stretch to assume that they will gain fulltime employment or go solo. It just may not happen within three months of passing the bar. It's a reasonable assumption based on experience, and I see it happen all the time.