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UNITED STATES v. ABA

June 25, 1996

UNITED STATES OF AMERICA, Plaintiff,
v.
AMERICAN BAR ASSOCIATION, Defendant.



The opinion of the court was delivered by: RICHEY

FINAL JUDGMENT

 Plaintiff, United States of America, filed its Complaint on June 27, 1995. Plaintiff and defendant American Bar Association ("ABA"), by their attorneys, have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law. This Final Judgment shall not be evidence or admission by any party with respect to any issue of fact or law. Therefore, before any testimony is taken, and without trial or adjudication of any issue of fact or law, and upon consent of the parties, it is hereby ORDERED, ADJUDGED AND DECREED:

 I.

 JURISDICTION

 This Court has jurisdiction of the subject matter of this action and of the parties consenting to this Final Judgment. The Complaint states a claim upon which relief may be granted against the ABA under Section 1 of the Sherman Act, 15 U.S.C. § 1.

 II.

 DEFINITIONS

 As used in this Final Judgment:

 (A) "ABA" means the American Bar Association and all of its components.

 (B) "Accreditation Committee" means the Accreditation Committee of the Section of Legal Education and Admissions to the Bar of the ABA.

 (D) "Council" means the Council of the Section of Legal Education and Admissions to the Bar of the ABA.

 (E) "Faculty" means all persons who teach classes (except adjunct professors), including administrators who teach, emeritus or senior faculty, visiting professors, joint-appointed faculty, clinical instructors, and instructors holding short-term appointments.

 (F) "Section" means the ABA's Section of Legal Education and Admissions to the Bar.

 (G) "Standards," "Interpretations" and "Rules" mean the Standards for Approval of Law Schools and Interpretations and Rules of Procedure for Approval of Law Schools and Policies of the Council of the Section and its Accreditation Committee.

 III.

 APPLICABILITY

 This Final Judgment shall apply to the ABA and its governors, officers, employees, and full-time consultants involved in law school accreditation.

 IV.

 PROHIBITED CONDUCT

 The ABA is enjoined and restrained from:

 (A) adopting or enforcing any Standard, Interpretation or Rule, or taking any action that has the purpose or effect of imposing requirements as to the base salary, stipends, fringe benefits, or other compensation paid law school deans, associate deans, assistant deans, faculty, library directors, librarians, or other law school employees, or in any way conditioning the accreditation of any law school on the compensation paid law school deans, associate deans, assistant deans, faculty, library directors, librarians, or other law school employees;

 (B) collecting from or disseminating to any law school data concerning compensation paid or to be paid to deans, administrators, faculty, librarians, or other employees;

 (C) using law school compensation data in connection with the accreditation or review of any law school; and

 (D) adopting or enforcing any Standard, Interpretation or Rule, or taking any action that has the purpose or effect of prohibiting a law school from:

 
(1) enrolling a member of the bar or graduate of a state-accredited law school in an LL.M. program or other post-J.D. program;
 
(2) offering transfer credits for any course successfully completed at a state-accredited law school, except that the ABA may require that two-thirds of the credits required for graduation must be successfully completed at an ABA-approved law school; or
 
(3) being an institution organized as a for-profit entity.

 V.

 PERMITTED CONDUCT

 Nothing herein shall be construed to prohibit the ABA from: (1) adopting or applying such other reasonable Standards, Interpretations or Rules, consistent with all other provisions of this Final Judgment, as are necessary to attract and retain a competent faculty; (2) investigating or reporting on whether a law school is in compliance with such Standards, Interpretations or Rules, or the cause of non-compliance; or (3) requiring that a law school take remedial action to comply with such Standards, Interpretations or Rules as a condition of obtaining or maintaining ABA approval. Nor shall anything herein be construed to prohibit the ABA, upon receipt of a complaint concerning discrimination, from collecting and considering compensation information that is relevant to the allegations of discrimination in order to determine whether the school that is the subject of the complaint complies with Standards 211-213 or Interpretations thereunder that prohibit discrimination. Compensation information collected or considered in connection with such an inquiry will not include information concerning the levels of compensation paid by schools other than the school that is the subject of the complaint.

 ADDITIONAL ...


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