Yes, LSAC counts A+s as 4.33s and it would be unfair to students at schools with 4.0s, except I do believe in your score report, LSAC gives a grade distribution or something of that matter to show that your school only goes UP to a 4.0, so relatively speaking, while A+s are VERY hard to get I'm sure for students at schools that offer them, having a 3.8/4.0 is better than a 3.8/4.33 (I think, anyway), because at first glance, the former GPA looks closer to the highest possible than the latter, even though those 4.33s are hard to come by. I don't think anyone is changing this anytime soon.
If it really bugs ya, you can always write your GPA out of 4.0 (for emphasis) on your resume. Don't write an addendum about it though, then you'll just come off lame.
I feel your pain though, my school also only goes up to 4.0 AND doesn't inflate grades like some places (e.g. Harvard *cough cough* with their 90% of students making at least cum laude at graduation a few years ago.... !!!)