Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1)

Filing 21

NOTICE by American Bar Association re 19 Response in Opposition to Motion for Temporary Restraining Order (Attachments: # 1 Exhibit ABA's Standards for Approval, # 2 Exhibit ABA's Rules of Procedure for Approval, # 3 Exhibit ABA's internal operating practices, # 4 Exhibit December 20, 2011 letter, # 5 Exhibit December 2, 2011 transcript, # 6 Exhibit October 12, 2011 letter and recommendation, # 7 Exhibit September 29, 2011 transcript, # 8 Exhibit Response to Site Report, # 9 Exhibit Site Report and letter, # 10 Exhibit January 2, 2011 letter, # 11 Exhibit July 8, 2010 letter, # 12 Exhibit April 27, 2009 letter, # 13 Exhibit February 24, 2009 letter, # 14 Exhibit Feasibility study, # 15 Exhibit Cost of Attendance, # 16 Exhibit Nashville School of Law: About the School, # 17 Exhibit Belmont University Accreditation Process, # 18 Exhibit LSAC Volume Summary, # 19 Exhibit 2011-2012 Law School Admission Reference Manual Excerpt, # 20 Exhibit UTK Tuition and Fees, # 21 Exhibit TBLE Basic Requirements, # 22 Exhibit TN Supreme Court Rule 7, # 23 Exhibit SACS-COC- About the Commission, # 24 Exhibit SACS-COC Principles of Accreditation, # 25 Exhibit Excerpt from DSOL self-study, # 26 Exhibit DSOL-A Note on Accreditation, # 27 Exhibit WV Rules for Admission)(Thompson, Jeffrey)

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Nashville School of Law is a private law school offering high quality legal education at an
affordable tuition with classes at night. NSL welcomes full-time employed individuals as well as
new college graduates. Our students are teachers, police officers, paralegals, insurance agents,
doctors, business owners, factory workers, real estate agents and various professionals too
numerous to list. Our students appreciate the opportunity to study law while continuing to pursue
their present career and pay for their education at the same time.

HISTORY

F.A.Q
Faculty

In the fall of 1911, Morton B. Adams, William P. Cooper, Lee Douglas, and Robert Selph Henry,
then recent graduates of the law school at Vanderbilt University, opened night law classes at the

Administration

Y.M.C.A. for the benefit of those unable to attend law classes during the day. The law school has

Emeriti Faculty

been in operation since that time. It was incorporated under the laws of the State of Tennessee on

Courses
Disability Policy
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January 19, 1927, and since that date has conferred the Degree of Doctor of Jurisprudence.
Until November, 1986, the school operated as the Nashville Y.M.C.A. Night Law School leasing
space from the Downtown Y.M.C.A.
The late James Gilbert Lackey, Jr. (1915-1987) served as Dean of the Law School and instructor in
Contracts from 1946 until 1986. Upon his retirement, the faculty elected Honorable Joe C. Loser,
Jr., Dean of the school. Judge Loser then retired from the Third Circuit Court of Davidson County
after twenty years on the bench to become the fourth Dean in the school’s history, accepting the
duties and responsibilities of such office on August 23, 1986. On November 24, 1986, the school
officially changed its name to Nashville School of Law. In 1990 the school moved to 2934 Sidco
Drive. In Fall of 2005 the school moved into its new state of the art facility at 4013 Armory Oaks
Drive. Throughout 2011 Nashville School of Law will be celebrating its 100th Anniversary.

OUR MISSION
The mission of Nashville School of Law is to provide high quality legal education at an affordable
tuition.

OUR OBJECTIVES
Nashville School of Law is committed to a program of legal education designed to provide its
graduates with:
A. An understanding of their professional responsibilities as representatives of clients, officers of
the courts, and public citizens responsible for the quality and availability of justice under the law;
and
B. A basic legal education through a course of study that develops an understanding of the nature,
basis, and role of the law and its institutions, and skill of legal analysis and writing, issue
recognition, reasoning, problem solving, organization, and oral and written communications
necessary to participate effectively in the legal profession.

COURSE OF STUDY
The law course spans a minimum of four years and is divided into four terms: Cooper, Douglas,
Henry and Adams terms. Entering First Year Students in Cooper Term begin classes in August of

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electives are offered in Douglas and Adams Terms.
Cooper Term classes begin in August and end in May. Cooper Term classes are held Monday and
Thursday from 6:30 p.m. to 8:10 p.m. and 8:20 p.m. to 10:00 p.m.
Douglas Term classes begin in November and end in January with classes on Tuesday and
Wednesday from 6:30 p.m. to 10:00 p.m.
Henry Term classes begin in February and end in November. Henry Term classes are held each
Tuesday and Wednesday from 6:30 p.m. to 8:10 p.m. and 8:20 p.m. to 10:00 p.m.
Adams Term classes begin in June and end in July with classes on Monday and Thursday from
6:30 p.m. to 10:00 p.m.

ADMISSIONS POLICY
In recent years the number of applicants for admission to the School has far exceeded the
accommodations available, thus causing the School to limit its first year enrollment.
Requirements: NSL Application Form, Bachelor’s Degree, LSAT, three letters of
recommendation and a personal statement.
Application Form: An NSL application form is included with the catalog and on the NSL
website at HYPERLINK “http://www.nashvilleschooloflaw.net” www.nashvilleschooloflaw.net.
An application fee of forty-five dollars ($45.00) must be submitted with the application. The
application must be sent to the following address or hand delivered to:
Admissions Committee
Nashville School of Law
4013 Armory Oaks Drive
Nashville, TN 37204
The applicant must sign the application.
Bachelor Degree Applicants must have received, or will receive prior to matriculation, a Bachelor’s
Degree from a college or university on the approved list of the Southern Association of Schools and
Colleges, or the equivalent regional accrediting association. Transcripts from all undergraduate
institutions attended must be sent to CAS for determination of the undergraduate cumulative GPA.
Any applicant that has been accepted to NSL prior to college or university graduation must have a
completed official transcript showing the Bachelor’s degree was granted sent from the institution
to NSL as soon as possible.
CAS and LSAT Applicants must register with the Credential Assembly Service (CAS) and register
to take the Law School Admissions Test (LSAT). Applicants can register both for the CAS and the
LSAT at HYPERLINK “http://www.LSAC.org” www.LSAC.org The NSL school code is 1974. When
the applicant’s LSAT score is available, CAS will figure the applicant’s Index based on NSL
requirements and send a report to NSL.
Index Formula The undergraduate GPA will be considered along with the LSAT score. The
admissions process includes an admissions index computed as follows by CAS: multiply the
applicant’s cumulative undergraduate GPA, by ten; take 80% of the applicant’s LSAT score; and
add the two results to determine the Index. Only applicants with an index score of 140 and above
are considered for matriculation at Nashville School of Law.
Letters of Recommendation The applicant must submit three letters of recommendation, one of
which must be from someone in the legal field. The letters of recommendation may be sent to CAS
for inclusion in the CAS Report or sent directly to the NSL Admissions Committee.
Personal Statement Each application should include a personal statement describing any
extracurricular activities of the applicant during his/her undergraduate college career and any
business/career accomplishments.
Criminal Record/ Disciplinary Action The application must include a complete explanation of any
prior arrests/citations regardless of the outcome and an explanation of any disciplinary action
received from any educational institution on separate sheets.
Arrests After Acceptance or During Matriculation Applicants accepted at Nashville School of Law

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“Rolling Admission” Nashville School of Law enters students in February and August and operates
on a “rolling admissions” system, which means applications are processed at the time they are
received. Applications received for the Cooper Term of any year will also be considered for the
following Henry Term. When all required materials are received by the Admissions Office, a
decision is made and the applicant is informed of his or her admission status.
Application Deadlines The deadline for Cooper Term applications is June 15th and the deadline of
Henry Term applications is December 15th.

TRANSFER STUDENTS
Applicants may be given credit for subjects completed at an accredited law school, provided a
transcript is submitted and the credit is approved by the Dean. No more than 16 credits may be
transferred. Credit will be given only for subjects passed with a grade of a C or better and the
decision of the Dean is final. Application for such credit must be made in writing and will only be
considered after an applicant has been accepted.

FOREIGN LAW DEGREE
For graduates of a law school in a foreign country to sit for the Tennessee Bar Examination, they
are required by the Tennessee Supreme Court Rule 7, section 7.01, to complete one third of a law
school’s credits necessary for graduation at that institution. At Nashville School of Law the
requirement is sixteen (16) credits. NSL will certify to the Supreme Court those who successfully
complete the following courses:
Contracts (3), Torts (3), Crimes (1), Constitutional Criminal Law (1), Criminal Procedure (1),
Evidence (3), elective course (1) and either Civil Procedure (3) or Property (3) or Conflicts of Law
and an additional elective. Foreign Law Degree applicants also have the option of completing the
entire admissions process and applying to matriculate as a regular NSL student for a law degree
from NSL.

MATRICULATION
A student must attend at least two nights each week in the Cooper and Henry Terms and 2 (two)
years of Moot Court on an alternate night in order to complete the course of study in four years.
Part-time students must be registered for a minimum of 6 credits during Cooper or Henry terms or
they will be dropped for non-attendance. All students must complete 48 credits with a GPA of at
least 2.25 to graduate. Students failing to maintain a GPA of 2.25 while matriculating will be
placed on Academic Probation and must remain at that level to retake courses to improve the GPA.
If at the end of the next term, the GPA is still below 2.25, the student will be academically
dismissed.

CURRICULUM
The law school provides a broad curriculum that challenges and develops students’ analytical,
communication and legal skills. The 48 credit hours required for the J.D. degree require four years
to complete.

FACULTY
The faculty is composed of practicing attorneys and judges, many of whom enjoy regional and
national reputations in their specialties. On the cutting edge and forward thinking, they bring a
rich and diverse variety of professional experiences to the classroom. They have degrees from
Vanderbilt, Tennessee, Harvard, Howard, Memphis, North Carolina, St. Mary’s, Cumberland at
Samford, Tulane, Washington and Lee, St. Mary’s and Georgetown, as well as NSL. Faculty
members have extensive legal experience in private practice and public service. A number of
faculty members have achieved national and international prominence in such areas as litigation,
entertainment law, evidence, real estate, mediation and arbitration, criminal law, medical

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Because Nashville is the center of the state’s legal community and the seat of state and local
governments, many members of the faculty are judges from various courts, including the
Tennessee Supreme Court, Court of Appeals, Court of Criminal Appeals, and federal, state and
municipal courts.

ACADEMIC HONORS
Cooper’s Inn The top ten percent of each graduating class is inducted into Cooper’s Inn, the school
honor society, and recognized at graduation.
Founders’ Award The student who graduates at the top of the class is awarded the Founders’
Award and receives a set of the Tennessee Code Annotated.
Moot Court Award A student exhibiting outstanding performance in Fourth Year Moot Court will
be recognized at graduation and receive a set of Tennessee Code Annotated.

TUITION,
FEES, AND BOOKS
An education at NSL is an affordable, sound investment in the future. Our graduates have
consistently become competent and capable attorneys and judges, involved and practicing in all
areas of law throughout the State of Tennessee.
Tuition: Total tuition rate for Henry and Cooper Term 2011-2012 is $5,292.00 based on 12 credit
hours at $441.00 per course credit hour. The law school’s tuition is among the lowest of private
law schools in the United States. Tuition is computed on a per credit basis. This may be paid in full
at registration or in monthly installments with no interest or additional charges. The registration
fees of $200.00, nonrefundable, must be paid at registration.
Payment in Full: Full payment of tuition at registration entitles the student to a 5% discount on
the total tuition for the year. If unearned tuition is refunded for any reason, the student loses the
benefit of the deduction.
Refund Partial tuition may be refunded when a class is dropped, subject to proper written
notification and approval. There is a nonrefundable $50.00 fee charged for each class dropped
and/or added.
Books: Books may be purchased at the bookstore during registration and regular Bookstore
hours. No refund or exchanges will be made for books purchased by students.
VA Benefits: Students seeking VA assistance must be enrolled 18 clock hours per week to be
considered full time. Students with VA benefits should contact Beth McDonald, Registrar.

FINANCIAL AID
Nashville School of Law students are not eligible for government loans. Since our tuition is low and
students are permitted to pay their tuition monthly with no interest, most students do not need
financial assistance. A limited number of partial and full scholarships are awarded to second,
third, and fourth year students based on need and merit.

LIBRARY RESOURCES
The Library consists of 16,668 hard copy volumes and 2,267 volumes on CD ROM. All students
have access to Westlaw and LexisNexis research in the library at the computer lab, from any
location in the new facility with a laptop with wireless Internet capability and from any other
location with Internet access.

LIVING COSTS
No on campus living facilities are available. For those driving a considerable distance, nearby
accommodations are available at a hotel at a modest rate.

ACCREDITATION

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Tennessee Bar Examination and be licensed to practice law in the State of Tennessee. In order to
continue to fulfill its mission of providing high quality legal education at an affordable tuition,
Nashville School of Law has never applied for ABA accreditation. Students intending to practice in
other states should contact the admitting authority in that state for information regarding the legal
education requirements for admission to practice law in that state and whether they may sit for the
Bar Examination in that state.

2010 COOPER TERM ADMISSIONS
~96 Enrolled first year class
~Median LSAT 147
~Median GPA 3.09
~Median Index 149
~10.4% Minority
~46% Women
~40 Undergraduate schools represented

2010 HENRY TERM ADMISSIONS
~95 Enrolled first year class
~Median LSAT 146
~Median GPA 3.10
~Median Index 147
~9.5% Minority
~46% Women
~43 Undergraduate schools represented

BAR PASSAGE DATA
NSL students have been very successful in recent years in passing the Tennessee Bar Examination.
84% of the 2009 graduates passed the Bar Examination. 88% of the graduates from 1999-2009
have passed the Bar.

PLACEMENT RATE AND SERVICES
The school maintains a registry of students and alumni who are interested in notification of job
opportunities. 100 % of the 2009 NSL graduates seeking employment are employed. 94% of those
who passed the bar are employed in the legal field and 6 % non-legal.

SMOKING POLICY
Nashville School of Law enjoys a smoke-free environment. Smoking is allowed in the courtyard
only.

POLICY ON
NONDISCRIMINATION
It is the policy of Nashville School of Law not to discriminate on the basis of sex, disability, race,
color, religion, age, sexual orientation or national or ethnic origin in its educational programs,
employment policies, scholarships, or other school administered programs.
Harassment in any form at the School is unacceptable, violates federal law, and will result in
disciplinary action.

ASSISTANCE FOR DISABLED STUDENTS
Nashville School of Law does not have a comprehensive program oriented wholly towards
educating students with disabilities, but strives to be supportive of the academic, personal, and

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full participants in the School. This commitment is consistent with the School’s obligations under
Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act
of 1990 (ADA).
A. Types of accommodations to be provided to students with disabilities, including those with
learning disabilities and with impaired sensory, manual, or speaking skills:
1. Classroom Accommodations
a. Classes may be audio taped.
b. Preferential seating may be provided.
c. Access to an electrical outlet will be provided for the use of a laptop computer.
d. Such other accommodations as determined reasonable and appropriate to the circumstances,
unless such accommodation fundamentally alters the program or would result in an undue
burden.
2. Examinations Accommodations
a. Preferential seating may be provided.
b. Access to an electrical outlet will be provided for the use of a laptop computer on which to take
the test.
c. Extended time for taking the test.
d. Private space for taking the test may be provided.
e. Such other accommodations as determined reasonable and appropriate to the circumstances,
unless such accommodation would fundamentally alter the measurement of the skills or
knowledge the examination is intended to test or would result in an undue burden.
B. Student Responsibility
To obtain disability accommodations, it is the responsibility of the student to contact the Associate
Dean (615-256-3684) to set up an intake appointment. The student must provide current and
appropriate medical or professional documentation.
C. Determination of Appropriate Accommodations
Based on the individual student’s documentation, the Associate Dean will assess the student’s
functional limitations and academic needs, and from those, will determine the necessary services
and accommodations for which the student is eligible. The Associate Dean will communicate the
approved accommodations to the student’s instructors for implementation. After registering for
classes each year, students are responsible for scheduling an appointment with the Associate Dean
to arrange reasonable accommodations for that year.
D. Required Documentation
Students requesting testing accommodations must submit medical or other diagnostic
documentation that:
1. Establishes the existence of a disability;
2. Describes how the student’s functional limitations impact his or her ability to take the
examination in question; and
3. Demonstrates the need for the accommodation.
The Disabilities Documentation Guidelines Form sets forth the type of information Nashville
School of Law deems appropriate in order to assess requests for accommodations. The form may
be obtained by contacting the Nashville School of Law office at 615-256-3684 or the form may be
downloaded from the school website at HYPERLINK “http://www.nashvilleschooloflaw.net”
www.nashvilleschooloflaw.net
E. Insufficient Documentation
To insure that student requests for accommodations are handled appropriately and expeditiously:
1. The Associate Dean will communicate with students to help resolve documentation issues in a
timely manner, including incomplete documentation and discrepancies in documentation.
2. If the Associate Dean deems the documentation submitted in support of a request for testing
accommodations insufficient to establish the individual’s disability, the individual’s functional
limitations in relation to taking the exam, or the need for the requested accommodations, the
Associate Dean will promptly notify the student in writing that the documentation is insufficient.
In addition, the Associate Dean will provide a clear explanation as to why the submitted
documentation is deemed insufficient and shall indicate what specific additional information

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the application for testing accommodations for the exam and conduct an individualized
assessment of the supplemental documentation.
F. Appeal Process
If a request for testing accommodations is denied because the Associate Dean determines that the
testing accommodations are not warranted based upon the documentation provided, the Associate
Dean will promptly notify the student in writing of such a denial and provide a clear written
explanation of why the requested accommodations were denied. The denial letter will inform the
student that he or she may request reconsideration of the Associate Dean’s decision.
1. If after reconsideration, the Associate Dean determines that the testing accommodations are not
warranted based upon the documentation provided, the Associate Dean will promptly notify the
student in writing of such a denial and provide a clear written explanation of why the requested
accommodations were denied.
2. The denial letter will inform the student he or she may appeal the Associate Dean’s decision to
the Dean.
G. Confidentiality
Nashville School of Law protects each student’s right to privacy. All medical and health-related
records are kept strictly confidential.

LOCATION
The school is located in a 33,000 square foot building at 4013 Armory Oaks Drive, just south of
beautiful downtown Nashville, Tennessee. The school is easily accessible by taking the Armory
Drive exit from I-65 South.
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