Accreditation reconsidered

Iowa Law Review

Volumn 96, Issue 5, 2011, Pages 1471-1494

  Areen, Judith ^a  

^a GEORGETOWN UNIVERSITY   (United States)

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[No Author keywords available]

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EID: 79960818602     PISSN: 00210552     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (124)

1. JONATHAN R. COLE, THE GREAT AMERICAN UNIVERSITY 3-4 (2009).
2. See 28 JOURNALS OF THE CONTINENTAL CONGRESS 375-78 (Worthington ChaunceyFord et al. eds., 1933). For more on the national investment in higher education, see generally ARTHUR M. COHEN & CARRIE B. KISKER, THE SHAPING OF AMERICAN HIGHER EDUCATION (2d. ed. 2009);
3. HAROLD M. HYMAN, AMERICAN SINGULARITY: THE 1787 NORTHWEST ORDINANCE, THE 1862 HOMESTEAD AND MORRILL ACTS, AND THE 1944 G.I. BILL (1986);
4. ALICE M. RIVLIN, THE ROLE OF THE FEDERAL GOVERNMENT IN FINANCING HIGHER EDUCATION (1961). The best source on the history of higher education remains RICHARD HOFSTADTER, AMERICAN HIGHER EDUCATION: A DOCUMENTARY HISTORY (Richard Hofstadter & Wilson Smith eds., 1961) [hereinafter AMERICAN HIGHER EDUCATION]. It has been supplemented by AMERICAN HIGHER EDUCATION TRANSFORMED, 1940-2005 (Wilson Smith & Thomas Bender eds., 2008). Other good histories include BERNARD BAILYN, EDUCATION IN THE FORMING OF AMERICAN SOCIETY (1960);
5. JOHN S. BRUBACHER & WILLIS RUDY, HIGHER EDUCATION IN TRANSITION: A HISTORY OF AMERICAN COLLEGES AND UNIVERSITIES (4th ed. 1997);
6. THE HISTORY OF HIGHER EDUCATION (Harold Wechsler, Lester F. Goodchild & Linda Eisenmann eds., 3d ed., 1997);
7. CHRISTOPHER J. LUCAS, AMERICAN HIGHER EDUCATION: A HISTORY (2d. ed. 2006);
8. JOHN R. THELIN, A HISTORY OF AMERICAN HIGHER EDUCATION (2004);
9. CHARLES FRANKLIN THWING, A HISTORY OF HIGHER EDUCATION IN AMERICA (2009);
10. LAWRENCE R. VEYSEY, THE EMERGENCE OF THE AMERICAN UNIVERSITY (1965).
11. Land-Grant College (Morrill) Act, ch. 130, 12 Stat. 503 (1862) (codified as amended at 7 U.S.C. §§ 301-309 (2006)).
12. NAT'L CTR. FOR PUB. POLICY & HIGHER EDUC., MEASURING UP 2008: THE NATIONAL REPORT CARD ON HIGHER EDUCATION 6 (2008), available at http://measuringup2008. highereducation.org/print/NCPPHEMUNationalRpt.pdf. In the last two decades, however, other nations have invested more in higher education. The United States is now only tenth in the world in the proportion of young adults ages twenty-five to thirty-four with associate or bachelor degrees.
13. JUDITH AREEN, HIGHER EDUCATION AND THE LAW: CASES AND MATERIALS 32-33 (2009).
14. GEORGE N. RAINSFORD, CONGRESS AND HIGHER EDUCATION IN THE NINETEENTH CENTURY 39 (1972).
15. It took a decision of the Supreme Court to stop the State of New Hampshire from taking control of Dartmouth College.
16. See Trs. of Dartmouth Coll. v. Woodward, 17 U.S. (4 Wheat.) 518 (1819). In recent months, however, states have begun to intervene more directly.
17. Eric Kelderman, State Lawmakers Seek More Say Over College, CHRON. HIGHER EDUC., Mar. 4, 2011, at A1 (describing bill recently passed by the Iowa legislature "limiting sabbaticals to 3 percent of the faculty at any" of the state's three public universities).
18. Regents of the Univ. of Mich. v. State, 419 N.W.2d 773, 776 (Mich. Ct. App. 1988)
19. (citing Sterling v. Regents of the Univ. of Mich., 68 N.W. 253, 254 (Mich. 1896)).
20. U.S. DEP'T OF HEALTH, EDUC., & WELFARE, ACCREDITATION IN HIGHER EDUCATION 3 (Lloyd E. Blauch ed., 1959);
21. see also THOMAS ESTERMANN & TERRI NOKKALA, EUROPEAN UNIV. ASS'N, UNIVERSITY AUTONOMY IN EUROPE I: EXPLORATORY STUDY 42 (2009), available at http:// www.upr.si/fileadmin/user-upload/RK-RS/EUA-Autonomy-Report-Final.pdf (recounting the need for more autonomy for European universities).
22. AMERICAN HIGHER EDUCATION, 2.
23. SAMUEL ELIOT MORISON, THE FOUNDING OF HARVARD COLLEGE 325-27 (1935).
24. In 1865, the power to elect the thirty members of the Board of Overseers, which had belonged to the State of Massachusetts, was given to the alumni of the College. Act of Apr. 28, 1865, ch. 173, 1865 Mass. Acts & Resolves 565.
25. Peter Dobkin Hall, Noah Porter Writ Large?: Reflections on the Modernization of American Education and Its Critics, 1866-1916, in THE AMERICAN COLLEGE IN THE NINETEENTH CENTURY 196, 213 (Roger L. Geiger ed., 2000).
26. Judith Areen, Governing Board Accountability: Competition, Regulation, and Accreditation, 36 J.C. & U.L. 691, 695 (2010).
27. The University of Berlin, founded in 1810, was the first university to adopt a dual mission of teaching and research. WILLIAM CLARK, ACADEMIC CHARISMA AND THE ORIGINS OF THE RESEARCH UNIVERSITY 442-46 (2006).
28. ORRIN LESLIE ELLIOTT, STANFORD UNIVERSITY: THE FIRST TWENTY-FIVE YEARS 329-30 (1937).
29. AM. ASS'N OF UNIV. PROFESSORS, GENERAL DECLARATION OF PRINCIPLES, reprinted in 2 AMERICAN HIGHER EDUCATION.
30. The committee was chaired by Edward Seligman, a professor of economics at Columbia. Its members included philosopher Arthur Lovejoy, who had resigned from Stanford when Ross was forced out, and Roscoe Pound, who would be named dean of Harvard Law School one year later.
31. AM. ASS'N OF UNIV. PROFESSORS, at 870.
32. Derek Bok, President Bok's Annual Report, HARVARD MAG. (June 6, 2007), http:// harvardmagazine.com/breaking-news/president-boks-annual-report. Bok added: "It is certainly true that professors can resist change and that, like most human beings, they are often loath to give up their prerogatives. For all that, however, American universities have fared quite well over the past 50 years, the very period when faculty power reached its zenith."
33. 444 U.S. 672, 680 (1980).
34. AM. ASS'N OF UNIV. PROFESSORS, STATEMENT ON GOVERNMENT OF COLLEGES AND UNIVERSITIES (1966), reprinted in AAUP POLICY DOCUMENTS & REPORTS 135, 139 (10th ed. 2006). The Statement also allocates to presidents the responsibility and the authority to act to improve academic quality by using evaluations by faculty from outside the university: The president must at times, with or without support, infuse new life into a department; relatedly, the president may at time be required, working within the concept of tenure, to solve problems of obsolescence. The president will necessarily utilize the judgment of the faculty but may also, in the interest of academic standards, seek outside evaluations by scholars of acknowledged competence.
35. GEORGE F. ZOOK & M.E. HAGGERTY, PRINCIPLES OF ACCREDITING HIGHER INSTITUTIONS 33-34 (1936).
36. C.W. Eliot et al., Report of the Special Committee on Aim and Scope of the Association, 9 J. PROC. & ADDRESSES ASS'N AM. U. app. at 76 (1908)) (internal quotation marks omitted).
37. For a time the AAU prepared a list of the institutions that were either members of the Association, or on the list of the Carnegie Foundation for the Advancement of Teaching. Even that limited form of accreditation was dropped in 1949. ANN LEIGH SPEICHER, ASS'N OF AM. UNIVS., THE ASSOCIATION OF AMERICAN UNIVERSITIES: A CENTURY OF SERVICE TO HIGHER EDUCATION 1900-2000 (2010), available at http://www.aau.edu/about/history-centennial.aspx (follow "AAU Beginnings" hyperlink).
38. The six regional accreditors have seven accrediting commissions: (1) the Commission of Institutions of Higher Education of the New England Association of Schools and Colleges;
39. The Middle States Commission on Higher Education of the Middle States Association of Colleges and Schools;
40. The Southern Association of Colleges and Schools Commission on Colleges;
41. The Higher Learning Commission of the North Central Association of Colleges and Universities;
42. The Northwest Commission on Colleges and Universities;
43. The Northwest Commission on Colleges and Universities' Accrediting Commission for Community and Junior Colleges;
44. The Accrediting Commission for Senior Colleges and Universities of the Western Association of Colleges and Universities.
45. Jennings B. Sanders, Evolution of Accreditation, in ACCREDITATION IN HIGHER EDUCATION.
46. JUDITH S. EATON, COUNCIL FOR HIGHER EDUC. ACCREDITATION, AN OVERVIEW OF U.S. ACCREDITATION 2 (2009), available at http://www.chea.org/pdf/2009.06- Overview-of-US-Accreditation.pdf. Since 1996, the private Council for Higher Education Accreditation ("CHEA") has conducted periodic reviews of accreditors and recognized those who meet CHEA's standards. CHEA is the largest institutional membership organization of higher education in the United States, with some 3,000 degree-granting colleges and universities and sixty national, regional, and specialized accreditors as members. Accreditation Serving the Public Interest, COUNCIL FOR HIGHER EDUC. ACCREDITATION, http://www.chea.org/ pdf/chea-glance-2006.pdf (last visited Mar. 3, 2011).
47. Barbara Brittingham, Accreditation in the United States: How Did We Get to Where We Are?, NEW DIRECTIONS FOR HIGHER EDUC., Spring 2009, at 7, 10 ("[N]o other country has a system like ours; among quality assurance systems, the American system stands out in three dimensions: 1. Accreditation is a nongovernmental, self-regulatory, peer review system. 2. Nearly all of the work is done by volunteers. 3. Accreditation relies on the candor of institutions to assess themselves against a set of standards, viewed in the light of their mission, and indentify their strengths and concerns, using the process itself for improvement.").
48. 99 F.2d 697, 699-700 (7th Cir. 1938).
49. Judith S. Eaton, Accreditation in the United States, NEW DIRECTIONS FOR HIGHER EDUC., Spring 2009, at 79, 80 ("In 2006 and 2007, accrediting organizations employed some 740 paid full- and part-time staff and worked with more than eighteen thousand volunteers.").
50. THE HIGHER LEARNING COMM'N, HANDBOOK OF ACCREDITATION 1.3-1 (3d ed. 2003), available at http://www.ncahlc.org/information-for-institutions/ accreditation.html (follow "Handbook" hyerplink);
51. Mission, Vision, & Core Values, MIDDLE STATES COMM'N ON HIGHER EDUC., http://www.msche.org/?Nav1=ABOUT&Nav2=MISSION (last visited Mar. 3, 2011) ("The Middle States Commission on Higher Education is a voluntary, non-governmental, membership association that is dedicated to quality assurance and improvement through accreditation via peer evaluation." (emphasis added)).
52. A useful description of accreditation can be found in Eaton.
53. THE HIGHER LEARNING COMM'N.
54. See infra note 95 and accompanying text.
55. Steven Crow, Musings on the Future of Accreditation, NEW DIRECTIONS FOR HIGHER EDUC., Spring 2009, at 87, 90.
56. COMM'N ON INSTS. OF HIGHER EDUC., NEW ENG. ASS'N OF SCH. & COLLS., STANDARDS FOR ACCREDITATION 2 (2005), available at http://cihe.neasc.org/ downloads/Standards/ Standards-for-Accreditation-2006.pdf.
57. MIDDLE STATES COMM'N ON HIGHER EDUC., CHARACTERISTICS OF EXCELLENCE IN HIGHER EDUCATION iv (2009), http://www.msche.org/publications/CHX06- Aug08REVMarch09.pdf (last visited May 10, 2011).
58. THE HIGHER LEARNING COMM'N, at 1.1-1.
59. Robert Oden, A College President's Defense of Accreditation, NEW DIRECTIONS FOR HIGHER EDUC., Spring 2009, at 37, 39.
60. Brittingham, at 17-18 ("Accreditation as practiced in the United States focuses heavily on the future, on quality improvement, unlike systems built solely or predominantly to ensure the quality of current operation[s] ⋯ .").
61. MIDDLE STATES COMM'N ON HIGHER EDUC., viii;
62. Patricia O'Brien, Editor's Notes, NEW DIRECTIONS FOR HIGHER EDUC., Spring 2009, at 1, 1-2 ("U.S. accreditation is a process that is mission driven ⋯
63. To be accredited, institutions must fulfill accreditation standards, but they do so in light of their mission.").
64. By 2005, the federal government provided $61 billion in student loans, $18 billion in grants to students, and $8 billion in tax support for a total of more than $90 billion. F. King Alexander, The States' Failure to Support Higher Education, CHRON. HIGHER EDUC., June 30, 2006, at B16.
65. Veterans' Readjustment Assistance Act of 1952, Pub. L. No. 82-329, § 253, 66 Stat. 663, 687.
66. Higher Education Act of 1965, Pub. L. No. 89-329, § 435, 79 Stat. 1219, 1247-48 (codified as amended at 20 U.S.C. § 1001 (2006)). To qualify for Title IV student financial aid funds, colleges and universities must also be certified by the Department of Education as eligible and licensed or authorized by the state education agency in the state in which they operate.
67. Higher Education Amendments of 1992, Pub. L. No. 102-325, §§ 494-494C, 106 Stat. 448, 635-41.
68. A. Lee Fritschler, Government Should Stay Out of Accreditation, CHRON. HIGHER EDUC., May 18, 2007, at B20.
69. Higher Education Opportunity Act, Pub. L. No. 110-315, § 495(3), 122 Stat. 3078, 3327 (2008).
70. NACIQI was first established under the Higher Education Amendments of 1992. Higher Education Amendments of 1992, Pub. L. No. 102-325, § 1203, 106 Stat. 448, 793.
71. National Advisory Committee on Institutional Quality and Integrity, U.S. DEP'T OF EDUC. (Apr. 26, 2011), http://www2.ed.gov/about/bdscomm/list/naciqi. html.
72. Eric Kelderman, Advisory Panel Wades Into Sticky Accreditation Issues, CHRON. HIGHER EDUC., Feb. 4, 2011, http://chronicle.com/article/Advisory-Panel- Wades-Into/126271/.
73. STANDARDS & RULES OF PROCEDURE FOR APPROVAL OF LAW SCH. preface, at iv (2010) [hereinafter ABA STANDARDS & RULES], available at http://www.americanbar.org/content/dam/aba/migrated/legaled/standards/ 2010-2011-standards/2010-2011aba-standards-and-rules-for-approval-of-law- schools.authcheckdam.pdf.
74. John G. Hervey, Accreditation by the American Bar Association, in ACCREDITATION IN HIGHER EDUCATION, at 129, 133.
75. ROBERT STEVENS, LAW SCHOOL: LEGAL EDUCATION IN AMERICA FROM THE 1850S TO THE 1980S, at 93 (1983) (quoting 2 REP. A.B.A. 209, 212, 216-17 (1879)) (internal quotation marks omitted).
76. James P. White, The American Bar Association Law School Approval Process: A Century Plus of Public Service, 30 WAKE FOREST L. REV. 283, 284 (1995).
77. ASS'N OF AM. LAW SCHOOLS, 2009 HANDBOOK 1.
78. JEROLD S. AUERBACH, UNEQUAL JUSTICE: LAWYERS AND SOCIAL CHANGE IN MODERN AMERICA 102-29 (1976).
79. John Henry Schlegel, American Legal Realism and Empirical Social Science: From the Yale Experience, 28 BUFF. L. REV. 459, 472 n.69 (1980)) (internal quotation marks omitted).
80. ABA STANDARDS & RULES preface, at iv.
81. E-mail from James P. White, Professor of Law, Ind. Univ. Sch. of Law & former Consultant on Legal Educ., to Judith C. Areen, Paul Regis Dean Professor of Law, Georgetown Univ. Law Sch. (Feb. 15, 2011) (on file with author).
82. Competitive Impact Statement at 1, United States v. Am. Bar Ass'n, 934 F. Supp. 435 (D.D.C. 1996) (No. 95-1211(CR)), available at http://www.justice.gov/ atr/cases/f1000/1034.pdf.
83. Section of Legal Educ. & Admissions to the Bar, 2010-2011 Council, AM. BAR ASS'N, http://www.americanbar.org/groups/legal-education/about-us/ leadership.html (last visitedMay 10, 2011). The Section's bylaws provide that no more than fifty percent of the voting members of the Council may be persons whose primary professional employment is as a law school dean, faculty, or staff member.
84. Section of Legal Educ. & Admissions to the Bar, Section Bylaws, AM. BAR ASS'N (Aug. 7, 2010), http://www.americanbar.org/groups/legal-education/ about-us.html (follow "Section Bylaws" hyperlink) [hereinafter "Section Bylaws"] (art. IV, § 3).
85. Section of Legal Educ. & Admissions to the Bar, 2010-2011 Accreditation Committee, AM. BAR ASS'N, http://apps.americanbar.org/legaled/ committees/comaccredit.html (last visited May 10, 2011). The Section's bylaws provide that no more than fifty percent of the voting members of the Accreditation Committee may be legal academics.
86. Section Bylaws, (art. 10, § 1(a)). The Accreditation Committee also has full authority to decide whether to reaccredit law schools. ABA STANDARDS AND RULES R. 5, at 72. Because there are many more law schools seeking reaccreditation than accreditation, the result is that most of the accreditation work of the ABA is performed by the Accreditation Committee.
87. Section of Legal Educ. & Admissions to the Bar, 2010-2011 Standards Review Committee, AM. BAR ASS'N, http://apps.americanbar.org/legaled/committees/ comstandards. html (follow "Committee Roster" hyperlink) (last visited May 10, 2011).
88. The Commission of Institutions of Higher Education of the New England Association of Schools and Colleges has eighteen educators and four public members. The Commission, NEW ENG. ASS'N OF SCHS. AND COLLS. COMM'N ON INST. OF HIGHER EDUC., http://cihe.neasc.org/about-us/commissioners/ (last visited May 10, 2011).
89. The Middle States Commission on Higher Education of the Middle States Association of Colleges and Schools has twenty-two educators and four public members. Commissioners, MIDDLE STATES COMM'N ON HIGHER EDUC., http://www.msche.org/about-commissioners.asp (last visited May 10, 2011).
90. The Southern Association of Colleges and Schools Commission on Colleges has seventy-seven members, most of whom are educators with the remaining public. Commission Organization, S. ASS'N OF COLLS. & SCH. COMM'N ON COLLS., http://www.sacscoc.org/commorg1.asp (last visited May 10, 2011).
91. The Higher Learning Commission of the North Central Association of Colleges and Universities has thirteen educators and four public members. HLC Board of Trustees, N. CENTRAL ASS'N OF COLLS. AND SCH., http://www.ncahlc.org/ decision-making-bodies/hlc-board-oftrustees. html (last visited May 10, 2011).
92. The Northwest Commission on Colleges and Universities has eighteen educators and three public members, Commissioners, NW. COMM'N ON COLLS. AND UNIVS., http://www.nwccu.org/About/Commissioners/NWCCU%20Commissioners.htm (last visited May 10, 2011).
93. The trend continues with the Accrediting Commission for Community and Junior Colleges and the Accrediting Commission for Senior Colleges and Universities of the Western Association of Colleges and Universities. The Community Commission has fifteen educators and four public members, Commission Members, ACCREDITING COMM'N FOR CMTY. AND JUNIOR COLLS. W. ASS'N OF SCH. AND COLLS , http://www.accjc.org/commission-members (last visited May 10, 2011).
94. The Senior Commission has twentytwo educators and three public members, Commissioners, WESTERN ASS'N OF COLLS. & UNIVS., http://www.wascsenior.org/ commission/commissioners (last visited May 10, 2011).
95. Commissioners, MIDDLE STATES COMM'N ON HIGHER EDUC., http://www.msche. org/about-commissioners.asp (last visited May 10, 2011).
96. A majority of the members of NACIQI-thirteen of eighteen-are also educators. National Advisory Committee on Institutional Quality and Integrity, U.S. DEP'T OF EDUC., (Jan. 31, 2001), http://www2.ed.gov/about/bdscomm/list/ naciqi.html.
97. LCME Members, 2010-2011, LIASON COMM. ON MED. EDUC., http://www.lcme.org/ members.htm (last visited May 10, 2011).
98. The LCME was founded in 1942. Rules of Procedure, LIAISON COMM. ON MED. EDUC. (Oct. 2007), http://www.lcme.org/rulesofprocedure.htm. All members of the LCME are appointed by other medical organizations
99. The Association of American Medical Colleges (AAMC) and the Council on Medical Education of the American Medical Association ("AMA") each appoint six professional members [to the LCME]. The AAMC and the AMA each appoint one student member. The LCME itself appoints two public members, and a member is appointed to represent the [Committee on Accreditation of Canadian Medical Schools].
100. Overview: Accreditation and the LCME, LIASON COMM. ON MED. EDUC., http://www.leme.org/overview.htm (last visited May 10, 2011).
101. The LCME rules of procedure require that all professional members of the governing board "should currently hold, or have recently held, a faculty or administrative appointment at an accredited ⋯ medical school or teaching hospital, or hold other credentials indicated substantial understanding about the process of undergraduate medical education. LIASON COMM. ON MED. EDUC., RULES OF PROCEDURE 4 (2010), available at http://www.lcme.org/rulesjuly2010.pdf.
102. Press Release, Ass'n to Advance Collegiate Sch. of Bus., Nine Business Experts Elected to the 2011-2012 AACSB International Board of Directors (Feb. 22, 2011), available at http:// www.aacsb.edu/media/releases/2011/2011- 2012board.asp. Not all professional accreditors are governed by boards constituted primarily of peer educators.
103. Governing Board, ACCREDITATION COUNCIL FOR PHARMACY EDUC., http://www.acpe-accredit.org/about/board. asp (last visited May 10, 2011).
104. See 20 U.S.C. § 1099b(a)(3), (b) (1998);
105. 34 C.F.R. § 602.14(a), (b) (2010). The Act was also amended to provide that one-seventh of an accrediting agency's decisionmaking body must be members of the general public, and not members of the trade association. 20 U.S.C. § 1099b(b)(2) (1998);
106. 34 C.F.R. § 602.14(b)(2) (2010).
107. The House of Delegates is the policymaking body of the ABA. As of January 1, 2011, it had 567 members, including 230 delegates from state bar associations. House of Delegates-General Information, AM. BAR ASS'N, http://www.americanbar.org/groups/leadership/delegates.html (last visited May 10, 2011).
108. United States' Response to Public Comments About Proposed Modification of Final Judgment at 2, United States v. Am. Bar Ass'n, 934 F. Supp. 435 (D.D.C. 1996) (No. 95-1211(RCL)), available at http://www.justice.gov/atr/cases/f7000/ 7008.pdf.
109. Until February 2011, the Section's Rules of Procedure provided that a school could appeal the Council's decisions to deny provisional or full approval to the House of Delegates. The House of Delegates could then review the Council's decision and remand it for reconsideration. Moreover, accreditation decisions could be remanded twice. After the Council reconsidered its decision following a second remand, however, the Council's decision became final.
110. ABA STANDARDS & RULES R. 10, at 75. In 2011, the Section amended its rules to remove the House of Delegates entirely from the appeal process. Now, appeals go to a threeperson Appeals Panel appointed by the Chair of the Section. Only one member of the Panel may be a legal academic. Changes to the Standards adopted by the Council are also subject to review by the House of Delegates and referral back to the Council. After two such referrals, the Council's decision becomes final.
111. United States' Response to Public Comments About Proposed Modification of Final Judgment at 1, Am. Bar Ass'n, 934 F. Supp. 435 (No. 95-1211(RCL)).
112. United States v. Am. Bar Ass'n, No. 95-1211 (RCL), 2001 U.S. Dist. LEXIS 2279 (D.D.C. Feb. 16, 2001).
113. ABA STANDARDS & RULES preface, at iv.
114. STANDARDS & RULES OF PROCEDURE FOR APPROVAL OF LAW SCH. Standard 104 (2009).
115. Only three standards even mention the mission of schools being accredited. ABA STANDARDS & RULES Standard 201(a), at 11 ("The present and anticipated financial resources of a law school shall be adequate to ⋯ accomplish its mission");
116. Standard 202, at 11 ("Before each site evaluation visit, the dean and faculty of a law school shall develop a written self-study, which shall include a mission statement.");
117. Standard 401, at 29 ("A law school shall have a faculty whose qualifications and experiences are appropriate to the states mission of the law school ⋯ ."). Two interpretations also mention mission.
118. Standard 402 interpretation 402-2(3), at 31 (stating that in assessing the student-faculty ratio "the examination will take into account ⋯ the ability of the law school to carry out its announced mission.");
119. Standard 605 interpretation 605-1, at 43 (describing that appropriate service from a library includes "creating other services to further the law school's mission").
120. Jessica Vaughn, The Oposition's Opening Statement, ECONOMIST, Dec. 11 2007, http://www.economist.com/node/10230891 ("[I]nstitutional diversity [in American higher education] is a huge national asset.").
121. The 1915 Declaration of Principles Academic Freedom and Tenure, 24 BULL. AM. ASS'N OF UNIV. PROFESSORS 141, 146 (1915).
122. One college president estimated that "half of the ideas I have attempted to insert into the colleges I have run are ideas I have learned while visiting other colleges as a member of an evaluation team."
123. United States v. Am. Bar Ass'n, 934 F. Supp. 435, 439 (D.D.C. 1996).
124. David H. Vernon described these and other efforts in The Expanding Law School Curriculum Committee: The Move by Courts and the Organized Bar to Control Legal Education, 1 J. LEGAL PROF. 7, 12 (1976).