Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1)
Filing
37
NOTICE by American Bar Association of Supplementation of Record (Attachments: # 1 Exhibit Supplemental Declaration of Hulett H. Askew)(Vogel, Howard)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION
LINCOLN MEMORIAL UNIVERSITY,
DUNCAN SCHOOL OF LAW,
Plaintiff,
v.
THE AMERICAN BAR ASSOCIATION,
Defendant.
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Case No. 3:11-CV-608
Honorable Thomas A. Varlan
Magistrate C. Clifford Shirley
SUPPLEMENTAL DECLARATION OF HULETT H. ASKEW
Patricia J. Larson*
Stephanie Giggetts*
American Bar Association
321 N. Clark Street
Chicago, IL 60654
(312) 988-5000
*Pro hac vice admission
Howard H. Vogel (001015)
Jeffrey R. Thompson (20310)
P. Alexander Vogel (023944)
O’Neil, Parker & Williamson, PLLC
7610 Gleason Drive, Suite 200
Knoxville, TN 37919
(865) 546-7190
Anne E. Rea*
Michael P. Doss*
Linda R. Friedlieb*
Sidley Austin LLP
One South Dearborn Street
Chicago, IL 60603
(312) 853-7000
Attorneys for Defendant
I, Hulett H. Askew, hereby state and declare as follows:
1.
My name is Hulett H. Askew. I am the Consultant on Legal Education
(“Consultant”) to the American Bar Association (“ABA”). In that capacity, I am the director of
the ABA’s Section of Legal Education and Admissions to the Bar Accreditation Project
(“Section”). I assumed this position on September 1, 2006.
2.
On January 2, 2012, I submitted a declaration in support of the ABA’s opposition
to the motion of Plaintiff Lincoln Memorial University Duncan School of Law for preliminary
relief.
3.
The facts set forth in this Supplemental Declaration are based on my personal
knowledge, my review of records of the regularly conducted activities of the Section, and my
review of publicly available information. If called to testify as a witness, I can testify
competently to the matters and facts set forth in this Declaration.
4.
I submit this Declaration to clarify certain information regarding the Section's
2011-12 Appeals Panel.
5.
Due to administrative delays and a large number of volunteer member
appointments to be made for Section committee and governance positions, the membership of
the 2011-12 Appeals Panel was not constituted until December 18, 2011. Thereafter, it was
determined that the public member could not serve and, on January 25, 2012, the 2010-11 public
member was appointed to serve a second term pursuant to Rule 10(g), which provides that
members are “[a]ppointed for a one-year term and eligible to serve consecutive terms.” Rules of
Procedure for Approval of Law Schools, Rule 10(g), subpart 4.
6.
The members of the 2011-12 Appeals Panel are Dean Leonard P. Strickman as the
legal educator member, Justice Joseph F. Baca as the judge or practitioner member, and Diane
Camper as the public member.
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7.
Dean Leonard P. Strickman, the chair of the 2011-12 Appeals Committee, was the
founding dean of Florida International University College of Law and is a former dean of the
University of Arkansas School of Law and the Northern Illinois University College of Law.
Dean Strickman previously served on the Accreditation Committee for six years. Dean
Strickman has served on 21 site evaluation teams and chaired 18 of those site teams.
8.
Justice Joseph F. Baca, who served as an alternate on the 2010-2011 Appeals
Panel, is a retired Chief Justice of the New Mexico Supreme Court. Justice Baca was a member
of the Section’s Accreditation Committee for six years and a member of the Section’s Council
for four years, as well as a member of the ABA Task Force on Opportunities for Minorities in
Law Schools and the ABA Task Force on Opportunities for Minorities in the Judiciary. Justice
Baca has served on 14 site evaluation teams.
9.
Diane Camper, who served as the designated public member of the 2010-11
Appeals Panel, was again appointed as the designated public member for the 2011-12 Appeals
Panel. Ms. Camper, a former journalist, is the communications officer for the Public Welfare
Foundation, a private Washington, D.C.-based philanthropic organization. She previously
served a total of six years on the Section’s Council.
10.
Each member of the 2011-12 Appeals Panel has affirmed that he or she will
comply with the requirements of Rule 10, including the requirement of compliance with the
Section’s Conflicts of Interest Policy, as set out in the Section’s Internal Operating Practice 19.
The Appeals Panel stands ready to hear any appeals submitted during its term and to decide them
within the time frame set forth in Rule 10.
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Exhibit A
2011-2012 Appeals Panel
Appeals Panel
Chair
Leonard P. Strickman
Professor of Law
Florida International University College of Law
During 2011-2012, Leonard Strickman will be serving his 44th year on the faculty of an
American law school. He spent more than 25 years as dean of three law schools,
including the period from 2001-2009, during which he was Founding Dean of the
Florida International University College of Law. During that period he led the College of
Law to full accreditation by the American Bar Association (ABA) and membership in the
Association of American Law Schools (AALS).
Professor Strickman began his academic career on the faculty of the Boston University
School of Law from 1966-1970. He left academia for two years to serve as Minority
Counsel to the United States Senate Select Committee on Equal Educational
Opportunity. He returned to teaching in 1972 at the Boston College Law School where
he served for nine years. He continued to teach and write in the areas of Constitutional
Law, Criminal Law and Education Law, and also taught the basic course in
Administrative Law.
In 1981 he joined the faculty of the Northern Illinois University College of Law, where
he served as Dean for nine years, leading that law school to full ABA accreditation and
AALS membership. In 1991 he became Dean of the University of Arkansas School of
Law, a position in which he served for eight years. He left the faculty there in January
2001 for the founding deanship at FIU. He continued to teach through most years of his
deanships. He has also served as a visiting professor at the University of Colorado
School of Law and at the University of California, Hastings College of the Law.
He has been active in national legal education issues, serving, among other
assignments, for six years on the Accreditation Committee of the ABA Section of Legal
Education and Admission to the Bar, and on the Committee on Academic Freedom and
Tenure of the AALS. He has performed twenty-one accreditation site visits for the
American Bar Association, chairing eighteen of those site teams.
Professor Strickman earned his A.B. degree from University of Rochester and J.D.
degree from Yale University.
The Hon. Joseph F. Baca
Retired
Joseph F. Baca is a retired Chief Justice of the New Mexico Supreme Court and
currently engages in a private practice of arbitration and mediation. Justice Baca was
elected to the Court in 1988 and served 13 years. He also served 16 years as district
judge in the Second Judicial District. He previously served for six years each on the
Section's Accreditation Committee and on the Standards Review Committee, and for
four years on the Section’s Council. He served on the ABA Task Force on Opportunities
for Minorities in Law Schools and on the ABA Task Force on Opportunities for Minorities
in the Judiciary. President Clinton appointed Justice Baca to the State Justice Institute
Board of Directors, where he currently serves as vice-chairman.
Justice Baca earned his J.D. degree at George Washington University School of Law, an
LL.M. degree from the University of Virginia School of Law, and a B.A. from the
University of New Mexico. He also received an honorary doctor of laws from George
Washington University Law School.
Diane Camper
Communications Officer
Public Welfare Foundation
Diane Camper has served since 2008 as communications officer for the Public Welfare
Foundation, a private philanthropy based in Washington, DC. A former journalist, Ms.
Camper has worked as an assistant editorial page editor at the Baltimore Sun, a
member of the editorial board at the New York Times and a bureau correspondent for
Newsweek. She has written on a number of issues that affect families and children,
including education, early childhood development, criminal and juvenile justice and child
welfare. From 1997 to 2004, she was with the Annie E. Casey Foundation, serving as
public affairs manager and as a Senior Fellow. She has an undergraduate degree in
journalism and political science. Ms. Camper served on the Section’s Council from 2003
to 2008 and was elected again in September 2009 to fill a one-year vacancy.
Ms. Camper earned her B.A. from Syracuse University and a Master of Studies in Law
from Yale University.
Alternates:
Chair
Steven R. Smith
Dean
California Western School of Law
Dean Smith was appointed dean of California Western School of Law in 1996, following
eight years as dean at Cleveland-Marshall Law School. He had previously been a law
professor at the University of Louisville, where he also served as associate dean and
acting dean. Dean Smith has received awards for innovative teaching, research and
creative activity, and distinguished service and has developed and taught courses and
seminars on Health Law and Mental Health Law. He has published widely in law and
psychology and law and medicine.
Dean Smith served as deputy director of the Association of American Law Schools
(AALS) in 1987-88. He remains active in AALS and in the work of the Section, where he
served on the Council from 2003 to 2006 and served as Chair in 2005-06. He earned a
J.D. (high distinction, Order of the Coif) from the University of Iowa College of Law, an
M.A. in economics from the University of Iowa, and a B.A. (summa cum laude) from
Buena Vista College.
Jerome C. Hafter, Esq.
Phelps Dunbar, LLP
Jerome C. Hafter is a partner in the Jackson, Mississippi office of Phelps Dunbar, LLP,
which has offices in Louisiana, Mississippi, Texas, Florida and the United Kingdom. He
practices in the areas of business, corporate, and commercial law with a particular
emphasis on representing agribusiness industries. Mr. Hafter has served as president of
the Washington County Bar Association, is a member of the American Law Institute and
the American Judicature Society, and a fellow of the Mississippi Bar Foundation. Since
1979 he has served as chairperson of the Mississippi Board of Bar Admissions; from
1989 to 2000 as a member of the Board of Managers of the National Conference of Bar
Examiners and its chair from 1998 to 1999.
Mr. Hafter received his undergraduate degree, summa cum laude, from Rice University
where he was a member of Phi Beta Kappa and president of the Student Association.
He attended Oxford University in England as a Marshall Scholar, obtaining a B.A./M.A.
with First Class Honors in Modern History and attended law school at Yale University,
where he served as associate editor of the Yale Law Journal. Mr. Hafter is the author of
numerous published books and articles. He served on the Accreditation Committee from
1998 to 2002, and on the Council from 2002 to 2011, serving as Chair of the Council in
2010-11.
R. Barbara Gitenstein
President
College of New Jersey
R. Barbara Gitenstein is President of the College of New Jersey. She came to the
College of New Jersey from Drake University where she served as provost and
executive vice president. She currently serves as Vice Chair of the Middle States
Commission on Higher Education, as a member of the Association of Governing Boards
of Universities and Colleges (AGB) Council of Presidents, as a member of the American
Council on Education Commission on Advancement of Racial and Ethnic Equality, and as
a member of the ACE Task Force on Accreditation.
Dr. Gitenstein received a B.A. with honors in English from Duke University and a Ph.D.
in English and American Literature from the University of North Carolina, Chapel Hill.
Dr. Gitenstein has served on the Accreditation Committee of the Section of Legal
Education and Admissions to the Bar (2000 to 2002) and has served on six law school
site teams for the Section, the most recent one in March of 2011.
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