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The ABA, Lincoln Memorial University and the Paradox of Legal Education

The smart ones -- such as Daniel Boone -- may have kept going west...to Kentucky and beyond. But the tough ones stayed in the mountains. Like the ones who founded Lincoln Memorial University in 1897. Now, the American Bar Association is about to find out just how tough they are down in Harrogate, Tenn.
If you’ve ever been to the lands of the Cumberland Gap, you know or have a pretty good idea that nothing has ever come easy in these parts. Not roads. Not coal mining. Not jobs. And, if you’ve been following the recent news about Lincoln Memorial University, not accredited law schools.
The tale of LMU’s so-far-thwarted efforts to create an accredited law school says a lot about the state of how and where lawyers are educated in the United States. It tells us, for example, how the American Bar Association wears the protector’s mantle.
It tells us how the ABA ostensibly uses the law school accreditation process to safeguard the profession’s standards and to protect the public from quacks, charlatans and shysters.
On the other hand, something has to give. There’s a growing awareness that whatever system we have isn’t working. That the status quo…
- Unrealistically burdens students with crushing debt
- Often results in graduates with law degrees who lack the basic skills to practice law, and
- Restricts access to basic legal services in some parts of the nation and populations
This last one includes, the promoters of LMU’s Duncan School of Law claim, the people of the Appalachians where Kentucky, Tennessee and Virginia meet.
This is despite — or, perhaps, because of — the existence of 200 ABA-accredited law schools in the 50 states. These include three in Kentucky alone.
Which suggests another issue altogether. Does a state such as Kentucky really need three large law schools? If not, is there any chance that my state’s leaders could ever find whatever it takes to unring that bell?
I doubt it. However, Sydney Beckman, Pete DeBusk and other champions of an accredited Duncan School of Law are headed for their day in court. Where we’ll see, as my people sometimes say, whether this dog will hunt.
Pluck
A hero of mine died today. As a writer and adviser to President Kennedy, Theodore C. Sorensen gave hope in troubling times and helped inspire a generation of Americans.
He also gets very high marks (at least from me) for resourcefulness. Here’s what caught my eye in today’s New York Times obit: (more…)
Thanks, Joe Kett

- Mr. Kett taught me that I can find just about anything, anywhere.
Mr. Kett was one of my grad school professors. Nineteenth-century American intellectual history.
I get the sense however, that he didn’t single out my bunch for special punishment. I bet every one of his classes went on Mr. Kett’s Scavenger Hunt. (more…)
Consistency you can wear
Diego Della Valle appreciates the value of consistency. The story of how he and his company — Tod’s — have leveraged Made in Italy quality is proof that patience is rewarded.
Come dolce.
Flak Bashing
I don’t normally flame reporters…or ex-reporters. For Mark Hebert, I’ll make an exception.
Mark’s the flak for the University of Louisville and a former local TV news reporter. Here’s what today’s Courier-Journal reported about Dana R. Kelly, 48, of Louisville, who showed up where Mark works yesterday. Kelly had come to the office of a faculty member, pulled a pistol and said, “This is good-bye.”
The paper got the following comment from Mark in response:
U of L spokesman Mark Hebert said no one was hurt in the incident, and Kelly did not appear to have been a threat to students, faculty or staff. (more…)
PR tip #1: Deliver any bad news yourself
The recent story of Gen. Stanley McChrystal reminds me of a PR truism. As a rule, it’s better to publicize any bad news yourself.
Why? First, remember that bad news will very probably get out with or without you…eventually. There are just too many disgruntled employees, competitors and other forces beyond your control.
Next, don’t wait for a leak or let an enterprising reporter beat you to the punch. When — not if — a bad-news story gets out without you, it will tend to make you look arrogant (or more arrogant) and as though you have something to hide. These will only worsen matters.
So, be the one to deliver your own bad news. Let your customers, constituents, employees and others know before they learn about it from someone else. Someone other than you who’s in charge of the facts and the truth — your message.
I don’t know what might have saved his job. Who knows? Maybe General McChrystal told the president and his other superiors that the cat was on the roof before the news got out.
As for the general’s chances of saving anything else, your guess is as good as mine.
What you’re missing…maybe
My father could have moments of self-awareness. One of them was a recurring theme, when he would say once a year that everybody in Louisville became an expert on horse racing once a year.
Kal (my dad) was referring to springtime and the annual rites at Churchill Downs.
I’m not claiming to be an expert. (Though I can pretty much read the Daily Racing Form. It’s just Who cares?) I do, however, know a thing or two about the first Saturday in May in my hometown.
So, the following is for any reader who’s never been to the race and doesn’t expect to be one of the 250,000 or so beautiful people passing through the gates at the track Friday and Saturday. And is still reading this post. (more…)


