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49 Wayne L. Rev. 1 (2003-2004)
Lifting the Veil: An Expose on the American Bar Association's Arbitrary and Capricious Accreditation Process

handle is hein.journals/waynlr49 and id is 11 raw text is: THE WAYNE LAW REVIEW VOLUME 49 SPRING 2003 NUMBER 1 LIFTING THE VEIL: AN EXPOSE ON THE AMERICAN BAR ASSOCIATION'S ARBITRARY AND CAPRICIOUS ACCREDITATION PROCESS MATHEW D. STAVERt ANITA L. STAVER: Table of Contents I. INTRODUCTION .......................................... 3 II. THE DEVELOPMENT AND STRUCTURE OF ABA ACCREDITATION .... 7 A. The Structure of the ABA .............................. 8 B. The Department of Justice Antitrust Consent Decree ........ 14 C. The Department of Education's Review of the ABA and the DOJ Modified Consent Decree ........................ 15 III. THE ABA's DELEGATION OF AUTHORITY TO AN ADVISORY BODY TO RENDER LAW SCHOOL ACCREDITATION DECISIONS WHICH BIND THE CORPORATION IS AN ULTRA VIRES ACT ............ 19 A. The ABA 's Delegation of Binding, Non-Reviewable Authority over Law School Accreditation Matters to an Advisory Body Is an Ultra Vires Act Prohibited by Illinois Law .......... 20 B. The ABA 's Delegation of Binding, Non-Reviewable Authority over Law School Accreditation Matters to an Advisory Body Is an Ultra Vires Act Prohibited by Article 6.1 of the ABA Constitution ....................................... 30 IV. THE ABA's FLAWED ACCREDITATION PROCESS EXPOSED BY ITS HANDLING OF BARRY UNIVERSITY SCHOOL OF LAW ........... 36 A. The Council Reverses the Accreditation Committee's Recommendation and Denies Accreditation .............. 37 1. The Accreditation Committee's Report Recommending in Favor of Provisional Accreditation ................. 38 Mathew D. Staver, President and General Counsel, Liberty Counsel. B.A., 1980, Southern College; M.A., 1982, Andrews University; J.D., 1987, University of Kentucky. * Anita L. Staver, attorney, Liberty Counsel, B.A. 1986, University of Kentucky; M.A., 1992, Liberty University; J.D. 2002, Barry University School of Law.

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