Hi Folks after reading Bruces reply about Mitchell passing the Bar and winning his case, I wondered if there were any changes in the value of an on line Law Program? Are you still limited to work only in California, or can your degree be used in other states as well. Also are there any innovations in any on line law program? Thank You traderneil
The Mitchell lawsuit actually has relatively limited implications. It had no effect on the ABA accreditation requirement that exists in most states -- because Massachusetts doesn't actually have that requirement. Unaccredited law schools are allowed in Massachusetts, just as they are in California. The difference is that the unaccredited law schools in Massachusetts are B&M only, while the unaccredited law schools in California are both B&M and DL. The lawsuit implies that if a state accepts unaccredited B&M law degrees, then they also have to consider unaccredited DL law degrees. It is arguably inconsistent and unfair to accept one, but not the other. The problem is that there are relatively few states that accept unaccredited B&M law degrees. I think the only other examples, besides California and Massachusetts, are Connecticut, Alabama, and Tennessee. Since those states accept unaccredited B&M degrees, they might also accept unaccredited DL degrees, based on the Mitchell case. But you might have to go to court (like Mitchell did) to find out. Most states continue to reject unaccredited law degrees of all kinds, whether they are B&M or DL. The Mitchell case does not affect them. They don't accept unaccredited B&M law degrees, and they treat unaccredited DL law degrees exactly the same way, so there is no inconsistency.
I can only speak to Tennessee but I wouldn't call the law schools in mind (Nashville and Lincoln Memorial) "unaccredited." They're not ABA accredited but they are accredited or approved (forget the wording) by the state. There are schools in California that are completely unaccredited (neither ABA nor CalBar) and grads of those schools have to take the Baby Bar at the end of the first year and if they never pass it, they never get to the bar exam itself. The two in Tennessee, if you graduate, you can take the Tennessee bar. I think LMU is planning to go for ABA accreditation but Nashville may be content to stay the way it is. It is much more expensive to be an ABA-accredited school.
I'm using the term "unaccredited" here to mean "not ABA accredited". Massachusetts has similar rules. The "unaccredited" Massachusetts schools (Massachusetts School of Law and UMass-Dartmouth School of Law) are not approved by ABA, but they are approved by the state. So if you graduate, you can take the MA bar. Furthermore, the MA courts have also ruled, through the Mitchell decision, that a graduate of California DL school may also be eligible. Since AL and TN seem to have similar rules to MA, it seems possible that the Mitchell decision might also be relevant there. But I am not a lawyer and this is pure speculation on my part. I don't think there is any guarantee that the same legal challenge in AL or TN would yield the same result. **** Incidentally, it may seem unusual for a state law school like UMass-Dartmouth to lack ABA accreditation. This institution was historically a private school (Southern New England School of Law), and was only recently acquired by the UMass system. They are now pursuing ABA.
UC-Irvine School of Law just received provisional approval from the American Bar Association on June 14, 2011. College /university law schools that are currently not ABA accredited; however, most are pursuing ABA accreditation: UMass-Dartmouth School of Law (e.g., already pointed out by CalDog) Concordia University School of Law Indiana Institute of Technology (Indiana Tech) School of Law University of Puerto Rico (UPR) - Eugenio María de Hostos School of Law: Provisional ABA accreditation expired in June of 2011. Provisional accreditation via the Puerto Rico Supreme Court Belmont University School of Law University of North Texas at Dallas College of Law (New) Louisiana College Judge Paul Pressler School of Law (New) Re List of law schools in the United States - Wikipedia, the free encyclopedia
As John Bear has mentioned, every school started without accreditation, as it's not awarded upon the ribbon-cutting. I do think the Mitchell case is important in that it comes in a state that is saturated (given its size) with ABA-accredited law schools (Harvard, Boston University, Boston College, Northeastern University, Suffolk University, New England School of Law, and Western New England University), with one more likely to come (UMass-Dartmouth). Massachusetts School of Law shot themselves in the foot a few years ago when they sued the ABA and lost, so I think they're toast as far as ever receiving ABA accreditation. This state is also saturated with lawyers, and if any state doesn't need more lawyers, it's Massachusetts, so the fact that the door is at least open a bit to online graduates is significant, I believe. As the saying goes, the journey of a thousand miles begins with a single step.
In fairness, Indiana Tech doesn't have their law school set up yet, and it won't admit students until Fall 2013.
Let's hope Indiana Tech comes to its senses and doesn't open one. (Like Wilkes University came to its senses on the same subject.)
In practice, there actually is a way to "start with accreditation". Suppose School B is a planned new institution. It can be set up as a branch campus of older, accredited School A. In this case, the initial operation of School B is covered under the "umbrella" of School A's accreditation. School B can then pursue independent accreditation, yet remain accredited through School A at the same time. For example, the newest California State University, CSU-Channel Islands, was originally established as the Ventura branch campus of CSU-Northridge. CSUCI then began operating as a separate institution, and pursued regional accreditation as a separate institution -- but the students remained classified as CSUN students for USDoE purposes. So the students were fully eligible for Federal financial aid, even though CSUCI itself had no USDoE-recognized accreditation during the first few years of operation.
I’ve heard and read that the Massachusetts Bar Exam has one of the higher pass rates in the US (e.g., nicknamed “Pass-a-chu-setts”); a preferred state for aspiring JAG Corps officers to obtain bar entrance as eligibility to serve as a military lawyer. Other less demanding Bar Exams: NJ, D.C., WI, CT, UT, NM, KS, MN, ND, MT and OK). Note: Of course I would consider that NO bar exam would be undemanding for the ill-prepared examinee.
LMU - Denied ABA Accreditation I'm following these things closely as I live in TN, a state that allows for non-ABA B&M school grads to sit for the state bar (but only for those schools within their state). But, I am considering the CA DL route. LMU was just denied accreditation, so it is one of three law schools in Tennessee that is not ABA approved, yet their graduates are allowed to sit for the TN bar.
The Massachusetts School of Law also tried to sue the ABA under anti-trust laws after they were denied accreditation, and lost; 107 F.3d 1026: Massachusetts School of Law at Andover, Inc. v. American Bar Association; Law School Admission Services,inc.; Law School Admission Council; the Association Ofamerican Law Schools, Inc.; James P. White; Nina Appel;jose R. Garcia-pedrosa
