Uncle Tom's Promise and the ABA Standards for Law School Resources
Torgo has been ruminating a great many things for the past month, and while Torgo is not ready to post a grand post, this mini-post should be an adequate glimpse of what Torgo has been looking into.
Torgo would like to remind everyone that the ABA welcomes alumni contact on many matters (but see related post on this below).
As everyone familiar with the scandal of nonperformance on promises relied upon will know, there was a process through which the law school underwent to become accredited. Many of Torgo's friends and readers will recall various preparation routines, such as the mock interviews and crews of people that would walk through the school. Others may recall the elements discussed in town hall meetings. These elements were things such as the library, facilities, faculty, finances, etc.
Torgo can recall many representations made to groups of interested parties druing these town hall meetings, and to prepare people for the interviews and actual ABA visits. If you think back, you too can remember what was said about the facilities and the financing. Anybody else remember representations about a top-tier school?
Has the money been spent to make a top tier school?
Torgo would now turn your attention to the ABA standards, Chapter 2 on Program resources. Two things are important: 1) the school needs adequate finances for the future (Monaghan promised those for a top tier school in Ann Arbor (see, e.g. Ann Arbor News and Detroit Free Press columns circa 1999, 2000)); and 2) that finances do not interfere with the operation of the school. Look for those requirements here:
Standard 201. RESOURCES FOR PROGRAM.
(a) The present and anticipated financial resources of a law school shall be adequate to sustain a sound program of legal education and accomplish its mission.
(b) A law school shall be so organized and administered that its resources are used to provide a sound program of legal education and to accomplish its mission.
A law school does not comply with the Standards if its financial resources are so inadequate as to have a negative and material effect on the education students receive. (August 1996)
A law school may not base the compensation paid any person for service to the law school (other than compensation paid a student or associate for reading and correcting papers or similar activity) on the number of persons enrolled in the law school or in any class or on the number of persons applying for admission to or registering in the law school. (August 1996)
ABA Legal Education Standards online
It is well settled and publically known that Mr. Monaghan promised to fund Ave Maria into top tier performance. Torgo is sure this promise formed the basis of reliable anticipated funding for Standard 201a above. Great. AMSOL is accredited. However, now that Monaghan is putting the funds on strings, such as making the move a necessity, are the other standards now implicated? Is this breach of promise for anticipated funds materially significant for 201a?
Torgo believes the reader should look again at Interpretation 201-1, above. It seems to be protecting against somebody like Mr. Monaghan bullying the school through threats of withdrawn funding. In other words, because it is well understood that Monaghan is now (at this time) making money contingent on a move, is that not already jeopardizing the law school mission?
Torgo wonders if the mere threat Monaghan made in 2003 (by showing pictures of the Florida based law school in the library around mid-May or so -- Torgo remembers seeing the set-up being made) of moving the law school, coupled with the history of Monaghan's destruction of his own endeavors, was enough to prevent accreditation in the first place. But now, with the threat and the pretenses being built as we speak (does anybody in their right mind believe that Deans Reed and White took any notes at the DC alumni meeting?), has the standard of resources been breached?
Torgo awaits comment.
See Related Posts:
* Similar analysis of Board of Governor indifference to faculty No Confidence vote, see Board of Governors should read ABA Standards.
* Torgo explains why he thinks Alumni Board should be prepared to counteract how they will be presented in the future, see How to Route Over Stalinist Information-Handling
* Torgo responds to the name calling, see "Ingrates," "Against the Mission" and Other disparaging Names
* BREAKING NEWS! New Document Explains "Against the Secret Mission"
Historical Posts that foresaw this moment:
AUGUST 2004: Timeline: Whatever Happened to Making Ann Arbor Famous for Conservative Catholicism?