Does the ABA Do Good? (Part II)

The ABA has been the official federal accrediting body of law schools since 1952, a task it undertook informally after the issuance of the Root Committee Report in 1921. A law school approved by the ABA can remain in business because its students are eligible for federally guaranteed loans and because every state’s licensing authority has made graduates of ABA-approved law schools eligible to take its bar exam. Thus, a law school wants to please the ABA inspection teams that visit every seven years (and more often if the school is new) for a determination of whether to re-approve the school.

Has the existence of the ABA as accrediting body aided legal education?  Before 1995, the answer was a qualified yes. The ABA demanded law schools invest in resources that aided students (for example, requiring more full-time faculty), and inculcated a professionalism in legal education that provided for enhanced (though flawed) training of lawyers. The system had its faults, particularly the ABA’s use of its monopoly approval power to 1) push for faculty pay increases, 2) make demands regarding size of libraries and secure tenure status for librarians, and 3) make excessive capital demands of new law schools. On the whole, though, as Robert Stevens concluded in an article on American legal education, the ABA deserved two cheers.  See Robert Stevens, Two Cheers for 1870: The American Law School, in Law in American History 405 (Donald Fleming & Bernard Bailyn eds. 1971).

This ABA’s understanding of its role and its actions regarding it authority has changed markedly since the entry of the consent decree in the antitrust matter filed by the DOJ against the ABA. 

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Vincent Lyles: Taking the Positive Approach

“It can be done” – Vincent Lyles says that’s a lesson that successful economic development in Indianapolis can teach other urban centers around the country.

That phrase also sums up Lyles’ attitude about the work he does as president of M&I Community Development Corporation — and, in many ways, it summarizes Lyles’ personality.

Describing his work Wednesday at an “On the Issues with Mike Gousha” session at the Law School, Lyles said, “Part of our expectation in life is that tomorrow is going to be better, so let’s keep working.”

The community development arm of M&I Bank has a portfolio of about $100 million in investments in low- and middle-income communities, Lyles said, and makes about $15 to $20 million a year in new investments. “That’s not a big number, but it’s not a small number, either,” he said.

It is not a charity effort. 

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Seventh Circuit Decides That Reckless Injury and Statutory Rape Are Not “Crimes of Violence”

seventh-circuit51In a series of posts (e.g., here and here), I have been tracking the fallout in the Seventh Circuit of the Supreme Court’s decision in Begay v. United States, 128 S. Ct. 1581 (2008).  Begay adopted a new approach for deciding when former convictions count as “crimes of violence” that trigger the fifteen-year mandatory minimum sentence of the Armed Career Criminal Act.

Earlier this week, the Seventh Circuit had another in its increasingly long line of post-Begay decisions holding that this or that specific offense does not fit the new definition of “crime of violence.”  More specifically, in United States v. McDonald (No. 08-2703) (Sykes, J.), the court held that first-degree reckless injury (in violation of Wis. Stat. § 940.23) and second-degree sexual assault of a child (what would be colloquially called “statutory rape,” in violation of Wis. Stat. § 948.02(2)) do not count as crimes of violence. 

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