November 29, 2004

MEMORANDUM 04-36

To: Deans of Member Schools and House of Representatives

From: Joyce Saltalamachia

Subject: Revised Executive Committee Regulation 6-7.5(b)

At its most recent meeting, the AALS Executive Committee voted to revise ECR 6-7.5(b) to expand the number of semesters of academic credit a student may receive for participation in foreign programs. This increase, from one semester to two semesters, reflects the growing importance of foreign programs and transnational study to U.S. legal education. It also reflects the recent Bylaw reorganization intended to focus more on the core values of the Association. This change will also serve to conform the AALS requirement in this area to the existing standard of the ABA.

The revised standard is as follows (new language in bold):

ECR 6.75 (b) If a member school permits a student who has already matriculated to earn academic credit for course work offered by a foreign institution, the academic credit allowed must be commensurate with the time and effort expended and the educational benefits derived by the student. In no case may a student obtain more than two semesters of academic credit for participation in foreign programs. The full-time faculty must approve each program in advance and shall periodically review the program for its academic content and benefit. For individual student-initiated study abroad, for which academic credit is sought, a full-time faculty member shall monitor each student’s experience to assure that the educational goals of the member school are being met.

In accordance with AALS Bylaw Section 5-4 on Regulations and Rulings, Executive Committee Regulations promulgated by the Executive Committee will be in effect unless objection is received from ten member schools within 60 days of mailing. That bylaw section reads:

Section 5-4. Regulations and Rulings.

In interpreting and implementing the Association's requirements as set forth in Article 6, the Executive Committee may promulgate general regulations and, in individual instances, make rulings. A copy of a regulation promulgated by authority of this section shall be sent promptly to each member school. If within sixty days of mailing, ten member schools express objection to the regulation, it shall not become effective, but shall be laid before the next Annual Meeting for approval or disapproval. If objection is not so expressed, the regulation shall be a continuingly authoritative indication of Association policy unless modified by action at an Annual Meeting or by subsequent Executive Committee resolution. The Association at an Annual Meeting may by majority vote, upon motion of a member school, adopt, amend, or repeal a Regulation, provided the notice requirements for amending the bylaws have been followed.

The revised Executive Committee Regulation thus will become effective unless ten member schools object by February 10, 2005. If your school has an objection to the revised regulation, you should indicate the reasons for your objection. Please note that an objection by an individual faculty member is not sufficient to constitute an objection by a "member school". The objection must be by the school and should, therefore, be filed only after an appropriate institutional process for deciding to object is followed.