Cooley Law School Seeks Confidential ABA Accreditation Records
The American Bar Association and Western Michigan University Cooley Law School are in a discovery fight, with Cooley seeking the confidential accreditation records of other schools dating back to 2010.
February 08, 2018 at 03:08 PM
5 minute read
A Michigan law school suing the American Bar Association over its uncertain accreditation status wants access to years of internal records pertaining to how the ABA evaluates law schools.
But the ABA is pushing back, arguing in court papers that releasing such an extensive array of confidential records is unwarranted and will undermine its accreditation efforts and complicate its law school oversight.
The ABA has asked a federal judge in Michigan for a protective order limiting discovery in Western Michigan University Cooley Law School's suit against it, which stems from the ABA's November finding that Cooley is out of compliance with rules meant to ensure law schools admit only students who “appear capable” of graduating and passing the bar.
Cooley on Jan 5. asked the ABA's counsel for all tapes and transcripts of meetings of the ABA's Council of the Section of Legal Education and Admissions to the Bar, its accreditation committee, and its standards review committee dating back to 2010 when the monitoring of law schools was discussed or when schools were found to be out of compliance with the ABA's admissions rules, according to the ABA's motion for protective order, filed Feb. 5 in U.S. District Court for the Eastern District of Michigan.
Cooley also wants records for any meeting in which those ABA bodies discussed rules pertaining to law school resources, objectives, academic advising, bar passage, admissions, and disclosure requirements.
Put another way, Cooley wants access to a trove of information about the ABA's internal accreditation discussions pertaining not only to its own campus, but every law school that has come up for accreditation or been flagged since 2010.
Cooley general counsel James Robb said Thursday that the discovery request falls within the scope of the lawsuit.
“The law school's request for production of documents is proper because it bears on a number of significant issues in the litigation,” he said.
The ABA maintains in court papers that Cooley's request is an overreach. Cooley is entitled only to the administrative record at issue in its own accreditation case—not those of other schools, the ABA's motion argues. Information about accreditation decisions pertaining to other schools is “irrelevant to the legal question at issue,” the ABA's motion reads.
An ABA spokesman declined to comment, citing the pending litigation.
Cooley argues in court papers that the ABA's accreditation decision-making is cloaked in secrecy and that its admission standard is unlawfully vague. Cooley's amended complaint, filed Jan. 31, asserts that the ABA has unwritten guidelines for enforcing its standards. Moreover, its “monitoring process is entirely done in secret,” internal reviews are not made available to schools, and the ABA offers no definition of the meaning of the “appears capable” language of its admission standard, according to the amended complaint.
Regarding the recent discovery request, “I think [Cooley] would be looking for a few things. One would be unwritten rules,” said David Frakt, an Orlando lawyer who has written about Cooley's lawsuit on the Faculty Lounge blog. “Two would be changes in their interpretation of those rules over time, which have not been publicly shared. And three would be uneven enforcement of the rules. If they could find a similarly situated school which was not found out of compliance on the same standards they were, then that would be helpful to them.”
Unfortunately for Cooley, no other school has a bar pass and admissions track record as poor as its own, Frakt said. Most all other similarly situated law schools have already been sanctioned by the ABA, he added.
Cooley lost the first round of litigation in December when a federal judge declined to restrain the ABA from publicly posting a letter that the law school had been found out of compliance with the admission standards. (Cooley remains fully accredited for now.) The ABA fired back in its Jan. 8 motion to dismiss, highlighting multiple shortcomings from the school's plummeting bar pass rate to an increase in students coming in with Law School Admission Test scores of 143 or lower.
In its latest filing, the ABA alleges that the confidentiality of its accreditation process protects schools from the disclosure of sensitive information and helps ensure schools are candid in their dealings with the ABA.
“Schools have an expectation that their accreditation information will be kept confidential and will not be spread in litigation they do not bring,” reads the ABA's motion for protective order. “If the ABA's files were regularly thrown open in cases like this one, the Council and Committee would face needless complications in performing their monitoring and oversight functions.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllUChicago Law Professors Release Desk Reference Breaking Down Crypto, Web 3 for Attorneys
4 minute readDean Developments: 2 Law Schools Appoint New Leadership, ABF Elects New Fellow
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250