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MEMORANDUM 02-30
August 16, 2002
| To: | Deans of Member and Fee-Paid Schools Members of the House of Representatives |
| From: | Carl C. Monk |
| Subject: | Proposed Revision of AALS Membership Requirements |
In 1996, the AALS Self-Study formally set forth the Association’s core values as “teaching, research, intellectual community (including intellectual and cultural diversity), academic freedom, sound governance, and a commitment to justice and public service”. The Self-Study indicated that the AALS would consider “secondary” concerns only if those concerns implicated one of the core values. Since that time, the Membership Review and Executive Committees have examined all actions taken in the membership review process to try to assure that schools are being asked to report only on matters that implicate a core value. There has however been no action taken until now to revise the membership requirements (Bylaws and Executive Committee Regulations) to state explicitly the core values and methods of implementing those values.
During the process leading up to adoption of the 2002 self-study the Association sought the views of faculty and staff at member schools through a variety of focus groups, surveys, and a retreat of the Association’s past presidents. Feedback from that process indicated general satisfaction with membership requirements and their enforcement, but suggested that the focus on core values be enhanced. Thus, as a result of that self-study process AALS President Dale Whitman appointed two subcommittees whose focus is on membership review. One subcommittee, chaired by Membership Review Committee Chair Allen Easley, Washburn University, is focusing on the process of membership review, with the goal of making our enforcement actions more transparent and understandable to those affected by them. Other members of that subcommittee are Barbara J. Cox, California Western School of Law; J. Clifton Fleming, Jr., Brigham Young University; and Todd D. Rakoff, Harvard University. That subcommittee’s report will be implemented in part through changes in the language used in letters to schools and in the instructions given to the AALS appointee to site visit teams.
The other subcommittee, the “Core Values Subcommittee”, is chaired by Past President Mary Kay Kane, University of California-Hastings, and is charged with reviewing and, when appropriate, rewriting membership requirements to articulate more specifically their relationship to core values. Other members of that subcommittee are Robert D. Dinerstein, American University; Mildred Wigfall Robinson, University of Virginia; and Mark V. Tushnet, Georgetown University.
The core values subcommittee submitted a report with recommendations for revision of membership requirements to achieve that objective. That report, after review and modest changes by the Executive Committee, is now available for public discussion and is attached. As you will note, the report proposes that the first membership requirement be an explicit statement of core values, as follows:
Section 6-1. Core Values
a. The obligations of membership imposed by this Article and the Executive Committee Regulations are intended to reflect the Association’s core values and distinctive role as a membership association, while according appropriate respect for the autonomy of its member schools.b. The Association values and expects its member schools to value:
(i) a faculty composed primarily of full-time teachers/scholars who constitute a self-governing intellectual community engaged in the creation and dissemination of knowledge about law, legal process, and the legal systems, and who are devoted to fostering justice and public service in the legal community;
(ii) Scholarship, academic freedom, and diversity of viewpoints;
(iii) a rigorous academic program built upon strong teaching in the context of a dynamic curriculum that is both broad and deep;
(iv) A diverse faculty and staff hired, promoted, and retained based on meeting and supporting high standards of teaching and scholarship and in accordance with principles of non-discrimination; and
(v) selection of students based upon intellectual ability and personal potential for success in the study and practice of law, through a fair and non-discriminatory process designed to produce a diverse student body and a broadly representative legal profession.
The report then proposes that the remaining bylaws should function as a statement of the basic principles underlying various aspects of law school programs that ensure that those core values are respected. The Executive Committee Regulations function as implementing regulations to effectuate those principles and to allow the AALS to determine in its membership review process whether the schools are, in fact, adhering to the principles stated in the bylaws.
Through this reorganization it is hoped that site visitors and others involved in the membership review process will more readily be able to focus on core values. This will in turn result in letters to schools that will specifically identify the core value implicated by any requested reports from the school.
The full report of proposed bylaw and executive committee regulation changes will be on the agenda of the House of Representatives for discussion purposes only at the 2003 House Meeting. Between now and October 2003 the Executive Committee hopes to obtain the views of all affected constituencies on these changes so that appropriate bylaw amendments can be submitted to the 2004 House of Representatives for final action.
I urge you to review the full report and direct any questions you may have to Mary Kay Kane, other Executive Committee members, or me. Only through widespread participation of faculty and staff can we develop the best possible proposals for submission to the 2004 House of Representatives.
Enclosure: Core Values Subcommittee Report [not included on website]
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