ABA Files Brief in Opposition to Duncan School of Law Complaint

The ABA filed a brief today in U.S. District Court in the Eastern District of Tennessee in response to a complaint filed by Lincoln Memorial University Duncan School of Law.

The lawsuit claims that the ABA violated antitrust laws. “What it says is that in a nutshell, we were denied due process because we met the standards promulgated by the ABA and we didn’t receive accreditation, so what we’re seeking is fair hearing,” said Sydney A. Beckman, vice president and dean of LMU’s law school. “It also alleges antitrust violations because it appears when you deny a school that met accreditation standards, that you’re try to limit the number of law schools.”

The response states that Duncan School of Law was not in “substantial compliance” with all of the section’s Standards for Approval of Law Schools, including Standard 203 (Strategic Planning and Assessment), Standards 303(a) and (c) and Interpretation 303-3 (Academic Standards and Achievements), and Standard 501(b) and Interpretation 501-3 (Admissions and Student Services). The response also suggests that Duncan School of Law has not exhausted its right to appeal the decision by the Council of the Section of Legal Education to deny provisional accreditation.