Law School Accreditation

Jenna Talackova

* AG Eric Holder can thank Obama for this homework assignment from Fifth Circuit Judge Jerry Smith, because it seems like our president forgot about Marbury v. Madison. More on this to come later today. [CBS News]

* Dewey need to buy this Biglaw firm a functional calculator? New information shows that the imploding firm was off by roughly $153M when partners reported 2011 earnings to the American Lawyer. [Am Law Daily]

* You know there’s got to be something questionable about a law school when the accreditation machine that is the ABA gives it the side eye. And no, Duncan Law, a judge still won’t force its hand. [National Law Journal]

* Stephen McDaniel pleaded not guilty at his arraignment for the murder of Mercer Law classmate Lauren Giddings, but will he be released on bail before trial? Only if he’s got $2.5M sitting around. [Macon Telegraph]

* More law school lawsuits are coming down the pipeline, but local lawyers in Massachusetts don’t think that they stand a chance. Why? The highly-educated consumer argument strikes again. [Boston Business Journal]

* Thanks to Gloria Allred, transgender beauty queen Jenna Talackova may be able to participate in the Miss Universe pageant if she can meet the legal requirements for being a woman in Canada. [MSNBC]

We’ve previously written about all of the problems that have befallen Duncan School of Law’s hopes for provisional accreditation by the American Bar Association. With motions pending in Duncan Law’s antitrust lawsuit against the ABA, perhaps the school thought that it could enjoy a momentary respite from all of the negative media attention it’s been receiving.

No such luck. As we mentioned in Morning Docket, a law student has now sued the school — but not because she couldn’t get a job, like the plaintiffs in the other law school lawsuits we’ve seen this year. Instead, this law student is suing the school because she claims that Duncan Law “negligently allowed her to enroll.”

Who is suing the law school, and what are her allegations?

double red triangle arrows Continue reading “Another Law School Sued, But This Time With Allegations of ‘Negligent Enrollment’”

Beyoncé

* “All My Justices” may soon be coming to daytime television station near you. In a close vote, the Senate Judiciary Committee approved a bill that calls for television access to Supreme Court proceedings. [Legal Times]

* A former Cravath associate’s law license has been suspended as a result of a DV assault charge. For every day spring bonuses go unannounced, another CSM attorney will do something to embarrass the firm. [Am Law Daily]

* Duncan Law wants wants a judge to reconsider an injunction, claiming “eight students have withdrawn” since its accreditation was denied. In other news, only eight students at Duncan Law have half a brain. [National Law Journal]

* If you liked it, then you should’ve put a trademark on it. Jay-Z and Beyoncé have filed a trademark application for their daughter’s name. Nothing says love like exploitation. [New York Post]

* Remember the siblings involved in a nationwide manhunt last summer? Stripper and bank robber extraordinaire Lee Grace Dougherty pleaded guilty, and now faces up to 28 years in jail. [New York Daily News]

Is it right for a law school to send its students to tolerance camp? Mandatory tolerance camp? Mandatory tolerance camp, where unexcused absences will result in an intolerant notation placed in students’ permanent records?

When I came across the story of a state law school holding a “mandatory” diversity seminar that students were required to attend, my first instinct was to side with the students who objected to the required nature of the program. Generally, I’m not a fan of forcing people to be nice to each other, and you can’t force a man to change what’s in his heart. If students want to be racist or prejudiced to others in their community, that’s something that may demand an institutional response. But if some kids don’t think they’ll benefit much from “diversity training,” whatever that means, so be it.

But when the ABA’s committee on accreditation is telling law school administrators that the student body needs to work on its racial sensitivity, well, you can see how the law school is in a bit of a bind…

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Thomas Jefferson once wrote, “I tremble for my country when I reflect that God is just, that his justice cannot sleep forever.” In contrast, Thomas Jefferson School of Law does not tremble before the toothless authority of the ABA. In fact, the school feels free to respond to utter institutional FAIL with peevish blame-shifting. Either TJSL has a serious problem with its admissions standards or it fails students once they arrive. Or some combo platter thereof. Does it matter? Let’s all stipulate that this is a “bad thing.” But what, if anything, should be done?

There are obviously a range of legal/societal stances toward the treatment of “bad things.” Bad things like cigarettes are legal but have mandatory warning labels. Bad things like the New York Lottery are just a Darwinian tax on the ignorant. Predatory subprime mortgage lenders are subject to a patchwork of federal and state laws. Ponzi schemers face criminal fraud charges. Where a law school charging $120,000 for a dubious product fits into the scheme of bad things is open to debate. So we reader-sourced the question. Last week, we conducted a research poll asking:

• Should the ABA impose national minimum LSAT and/or GPA standards for entry into accredited law schools?
• In what range should the LSAT & GPA cutoffs be?
• Should law schools lose their accreditation if their graduates’ bar passage rates fall below a certain threshold?
• Below what level should a school’s accreditation be in jeopardy?

After the jump, you tell us whether and where the lines should be drawn….

double red triangle arrows Continue reading “ATL Readers to ABA: Enforce Stricter Standards”

* Occupy Wall Street supporters, please take note: this is how you stage a protest. Yesterday’s internet blackout definitely made lawmakers think twice. SOPA bill backers dropped like flies. [New York Times]

* The American Bar Association may be taking baby steps toward improving the way law schools report graduate employment and salary statistics, but progress is progress. [National Law Journal]

* A judge has nixed Duncan Law’s request for injunctive relief against the ABA. Because really, what’s the harm in a memo about a lack of accreditation when you never had it in the first place? [ABA Journal]

* Proskauer Rose is down to get dirty with Edwards Wildman. Gregory Rasin, a labor and employment partner, will be representing the firm in its love triangle lawsuit. [Am Law Daily]

* New Jersey needs nugs now! A civil lawsuit against the Garden State’s health department is in the works due to an alleged delay in implementing its medical marijuana program. [Star-Ledger]

* Is the Roberts court really as pro-First Amendment as we’ve been led to believe? Lawyers aren’t really that good at math, but they’ve done studies, you know. And 34.5% of the time, it works every time. [New York Times]

* The people at the ABA aren’t concerned that William Robinson’s remarks made him seem like a tactless tool. Instead, they’re concerned that his “quotes were used out of context.” [Thomson Reuters News & Insight]

* Duncan Law wants the ABA to remove a memo denying the school’s provisional accreditation from its website. Why? So students will keep applying and paying them tuition money. At least they’re being honest. [Knoxville News Sentinel]

* Montgomery Sibley, whose license to practice is suspended, is running for president and suing “Barrack” Obama. Well, that’s a unique way to establish standing in a birther lawsuit. [Huffington Post]

Prof. Hans Smit

* Money can’t buy happiness, but it can buy your way out of jail. Just ask Floyd Mayweather. Thanks to this judge, he’ll be fighting someone other than his ex on Cinco de Drinko. [Washington Post]

* Hans Smit, beloved Columbia Law professor (and owner of a $29 million mansion), RIP. [Columbia Law School]

* The actress suing IMDb has finally been unmasked. I’ve never heard of her, but she’s probably suing for more than she’s ever made in her B-movie Z-movie career. [New York Daily News]

It woud be nice if the Senate could have actually given this guy a vote instead of forcing the present ugliness.

* The recess appointment of Richard Cordray to head the CFPB could get tricky — not because Republicans are outraged by recess appointments (much like Democrats are outraged by obstructionist filibusters), but because Congress isn’t technically in recess, due to the sham sessions Congress has been running. [WSJ Law Blog]

* Milbank, if you’re going to brag about being the only major Wall Street firm to have an Orthodox Jewish woman as a partner, you better be telling the truth, you meshuganas. [Thomson Reuters News & Insight]

* The ABA responded to the Duncan Law antitrust suit. Its basic response is that the ABA doesn’t arbitrarily keep bad schools out, it only arbitrarily lets bad schools in. [Law School Transparency]

* But Duncan probably isn’t just in it for the legal fight. The school wants to bring media attention to the ABA’s random oversight of legal education. [Law Librarian Blog]

* Does Obama need to endorse gay marriage before the election? Or does he just tell the gay community “Santorum” until they get on board? [The Root]

* Is it really that surprising that the unemployed are NOT on drugs? Aren’t Republicans the ones who are supposed to understand that in a market, desirable goods cost money? If you want to drug test a constituency, do a random raid at a white-shoe law firm, and don’t forget your chemistry set. [Huffington Post]

* It’s nice to ask permission before you appropriate somebody’s song as your campaign theme. [Fox News]

* Thanks to everybody who voted for us as their favorite legal blog for news in the ABA Journal’s Blawg 100 poll. You’ve given us the strength to keep reporting on spring bonuses, even though they don’t technically exist yet. [ABA Journal]

Stephen Gillers

The lawsuit is doomed. The antitrust argument seems to be that the A.B.A. is limiting the number of law schools. But there are 200 A.B.A.-approved law schools, so if the council’s secret agenda is to limit competition, it’s doing a lousy job.

Stephen Gillers, New York University law professor and legal ethics expert, commenting on Duncan Law’s chances of prevailing in its antitrust lawsuit against the ABA.

Captian Picard as a member of the ABA

If you had told me a week ago that I would end up writing three stories on Duncan Law School, I’d have said: “I dare do all that may become a man; Who dares do more, is none.”

But now I’m stepp’d in so far into the Duncan Law spitting match with the American Bar Association, that, should I wade no more, returning were as tedious as go o’er. (Shout out to commenter guest9999999 who nailed the Macbeth angle in the last Duncan Law post.)

Duncan Law talked to the New York Times, the ABA denied provisional accreditation to Duncan Law, and now Duncan is suing the ABA, alleging an antitrust violation.

And you know what, in all this back and forth, I’m going to have to pull a Romney and kind of flip-flop….

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