January 5, 2012
Duncan Law School's Provisional Accreditation Denial: ABA Asks Court to Butt Out of Its Affairs
In its Jan. 3, 2012 brief in opposition to Duncan Law School's motion for a temporary restraining order, the ABA starts out making its case why the ABA's recent denial of provisional accreditation should not be litigated at this time:
Rather than pursuing an appeal, as provided by federal law and the Section’s Rules, the School asks this Court to intervene and immediately censor any notice of the Council’s decision.
As an initial matter, the Council’s decision is not ripe for review because Duncan has not exhausted its right to appeal to the Appeals Panel constituted in compliance with Department of Education (“DOE”) regulations. Further, the School has not met its heavy burden of clearly establishing each element required for the extraordinary relief it seeks. This relief is undeserved and unprecedented, and should be denied.
As noted at Provisional Accreditation Denial by the ABA: A speculative back-story for Duncan Law School's Lawsuit, Duncan Law's position is that there is no reason to go through the ABA's administrative procedures because the School maintains it has met the ABA standards for provisonal accreditation.
In yesterday's Non-Sequiturs feature, ATL's Elie Mystal adds the following about the ABA brief:
Its basic response is that the ABA doesn’t arbitrarily keep bad schools out, it only arbitrarily lets bad schools in.
For a summary of the ABA's position placed in context, see the WSJ Law Blog's ABA Details Reasons for Flunking Duncan Law School. See also, Law School Transparency's ABA Files Brief in Opposition to Duncan School of Law Complaint.
Hat tip to TaxProf Blog's post for links to the ABA brief and the posts by the WSJ Law Blog and Law School Transparency.
Update: In addition to the ABA's brief, linked above, additional filings include the supporting Declaration by the ABA Consultant on Legal Education, Hulett H. (Bucky) Askew and the ABA's List of Exhibits. See also the ABA's press release. Hat tip to Gary Rosin's The Faculty Lounge post. [JH]