UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION LINCOLN MEMORIAL UNIVERSITY DUNCAN SCHOOL OF LAW, Plaintiff, v. THE AMERICAN BAR ASSOCIATION, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:11-CV-608 Hon. Thomas A. Varlan Magistrate Judge C. Clifford Shirley DEFENDANT AMERICAN BAR ASSOCIATION'S NOTICE OF SUPPLEMENTATION OF RECORD Defendant American Bar Association ("ABA"), by its undersigned counsel, supplements the record in this proceeding with the Supplemental Declaration of Hulett H. Askew, attached hereto. In further support of this submission, the ABA states as follows. 1. On January 18, 2012, this Court issued a 43 page Memorandum Opinion and Order denying Plaintiff Lincoln Memorial University Duncan School of Law's motion for preliminary injunction. Doc. 35. In the Opinion, the Court noted the following: Moreover, it was represented to the Court that the current sitting Appeals Panel was appointed prior to the decision of the Council underlying this case; thus, there is no reason to speculate that the Chair of the Council would appoint individuals who might tend to affirm the Council's decision in a case arising subsequent to the composition of the Appeals Panel. Id. at 20. 2. Since the Opinion was issued counsel for the ABA has learned that, due to administrative delays and a large number of volunteer member appointments to be made for Section committee and governance positions, the membership of the 2011-12 Appeals Panel was not constituted until December 18, 2011. The Council issued its written decision on December Case 3:11-cv-00608 Document 37 Filed 01/31/12 Page 1 of 3 PageID #: 8017 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION LINCOLN MEMORIAL UNIVERSITY DUNCAN SCHOOL OF LAW, Plaintiff, v. THE AMERICAN BAR ASSOCIATION, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:11-CV-608 Hon. Thomas A. Varlan Magistrate Judge C. Clifford Shirley DEFENDANT AMERICAN BAR ASSOCIATION'S NOTICE OF SUPPLEMENTATION OF RECORD Defendant American Bar Association ("ABA"), by its undersigned counsel, supplements the record in this proceeding with the Supplemental Declaration of Hulett H. Askew, attached hereto. In further support of this submission, the ABA states as follows. 1. On January 18, 2012, this Court issued a 43 page Memorandum Opinion and Order denying Plaintiff Lincoln Memorial University Duncan School of Law's motion for preliminary injunction. Doc. 35. In the Opinion, the Court noted the following: Moreover, it was represented to the Court that the current sitting Appeals Panel was appointed prior to the decision of the Council underlying this case; thus, there is no reason to speculate that the Chair of the Council would appoint individuals who might tend to affirm the Council's decision in a case arising subsequent to the composition of the Appeals Panel. Id. at 20. 2. Since the Opinion was issued counsel for the ABA has learned that, due to administrative delays and a large number of volunteer member appointments to be made for Section committee and governance positions, the membership of the 2011-12 Appeals Panel was not constituted until December 18, 2011. The Council issued its written decision on December Case 3:11-cv-00608 Document 37 Filed 01/31/12 Page 1 of 3 PageID #: 8017 20, 2011, regarding the School's application for provisional approval. Thereafter, it was determined that the public member could not serve and the 2010-11 public member was appointed to serve a second term pursuant to Rule 10(g) on January 25, 2012. 3. The ABA submits the Supplemental Declaration of Hulett H. Askew to inform the Court about the members of the Appeals Panel appointed for 2011-12, the timing of their appointment, and each member's affirmation that he or she will comply with all requirements of Rule 10, including its requirement of compliance with the Section's Conflicts of Interest Policy, as set out in the Section's Internal Operating Practice 19. See Document 21-3 (IOP 19 "Conflicts of Interest"), pp. 11-13. Attached to Mr. Askew's Supplemental Declaration is further information on the credentials of each member of the 2011-12 Appeals Panel and of its alternate members. 4. While counsel regrets not having had updated information regarding the Appeals Panel at the time of the January 6 hearing, counsel can assure the Court that the 2011-12 Appeals Panel stands ready to hear all appeals that are filed under the Section's Rule 10 during its term. Dated: January 31, 2012 Patricia J. Larson* Stephanie Giggetts* American Bar Association 321 N. Clark Street Chicago, IL 60654 (312) 988-5000 Respectfully submitted, By: s/ Howard H. Vogel . Howard H. Vogel (001015) Jeffrey R. Thompson (20310) P. Alexander Vogel (023944) O'Neil, Parker & Williamson, PLLC 7610 Gleason Drive, Suite 200 Knoxville, TN 37919 (865) 546-7190 Anne E. Rea* Michael P. Doss* Linda R. Friedlieb* Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000 Attorneys for Defendant *Pro hac vice Case 3:11-cv-00608 Document 37 Filed 01/31/12 Page 2 of 3 PageID #: 8018 2 20, 2011, regarding the School's application for provisional approval. Thereafter, it was determined that the public member could not serve and the 2010-11 public member was appointed to serve a second term pursuant to Rule 10(g) on January 25, 2012. 3. The ABA submits the Supplemental Declaration of Hulett H. Askew to inform the Court about the members of the Appeals Panel appointed for 2011-12, the timing of their appointment, and each member's affirmation that he or she will comply with all requirements of Rule 10, including its requirement of compliance with the Section's Conflicts of Interest Policy, as set out in the Section's Internal Operating Practice 19. See Document 21-3 (IOP 19 "Conflicts of Interest"), pp. 11-13. Attached to Mr. Askew's Supplemental Declaration is further information on the credentials of each member of the 2011-12 Appeals Panel and of its alternate members. 4. While counsel regrets not having had updated information regarding the Appeals Panel at the time of the January 6 hearing, counsel can assure the Court that the 2011-12 Appeals Panel stands ready to hear all appeals that are filed under the Section's Rule 10 during its term. Dated: January 31, 2012 Patricia J. Larson* Stephanie Giggetts* American Bar Association 321 N. Clark Street Chicago, IL 60654 (312) 988-5000 Respectfully submitted, By: s/ Howard H. Vogel . Howard H. Vogel (001015) Jeffrey R. Thompson (20310) P. Alexander Vogel (023944) O'Neil, Parker & Williamson, PLLC 7610 Gleason Drive, Suite 200 Knoxville, TN 37919 (865) 546-7190 Anne E. Rea* Michael P. Doss* Linda R. Friedlieb* Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000 Attorneys for Defendant *Pro hac vice Case 3:11-cv-00608 Document 37 Filed 01/31/12 Page 2 of 3 PageID #: 8018 2 CERTIFICATE OF SERVICE I certify that on January 31, 2012, I properly served all parties by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt and U.S. Mail. By: s/ Howard H. Vogel (0001015) Case 3:11-cv-00608 Document 37 Filed 01/31/12 Page 3 of 3 PageID #: 8019 3 CERTIFICATE OF SERVICE I certify that on January 31, 2012, I properly served all parties by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt and U.S. Mail. By: s/ Howard H. Vogel (0001015) Case 3:11-cv-00608 Document 37 Filed 01/31/12 Page 3 of 3 PageID #: 8019 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION LINCOLN MEMORIAL UNIVERSITY, DUNCAN SCHOOL OF LAW, Plaintiff, v. THE AMERICAN BAR ASSOCIATION, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:11-CV-608 Honorable Thomas A. Varlan Magistrate C. Clifford Shirley SUPPLEMENTAL DECLARATION OF HULETT H. ASKEW Patricia J. Larson* Stephanie Giggetts* American Bar Association 321 N. Clark Street Chicago, IL 60654 (312) 988-5000 Howard H. Vogel (001015) Jeffrey R. Thompson (20310) P. Alexander Vogel (023944) O'Neil, Parker & Williamson, PLLC 7610 Gleason Drive, Suite 200 Knoxville, TN 37919 (865) 546-7190 Anne E. Rea* Michael P. Doss* Linda R. Friedlieb* Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000 Attorneys for Defendant *Pro hac vice admission Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 1 of 9 PageID #: 8020 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION LINCOLN MEMORIAL UNIVERSITY, DUNCAN SCHOOL OF LAW, Plaintiff, v. THE AMERICAN BAR ASSOCIATION, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:11-CV-608 Honorable Thomas A. Varlan Magistrate C. Clifford Shirley SUPPLEMENTAL DECLARATION OF HULETT H. ASKEW Patricia J. Larson* Stephanie Giggetts* American Bar Association 321 N. Clark Street Chicago, IL 60654 (312) 988-5000 Howard H. Vogel (001015) Jeffrey R. Thompson (20310) P. Alexander Vogel (023944) O'Neil, Parker & Williamson, PLLC 7610 Gleason Drive, Suite 200 Knoxville, TN 37919 (865) 546-7190 Anne E. Rea* Michael P. Doss* Linda R. Friedlieb* Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000 Attorneys for Defendant *Pro hac vice admission Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 1 of 9 PageID #: 8020 I, Hulett H. Askew, hereby state and declare as follows: 1. My name is Hulett H. Askew. I am the Consultant on Legal Education ("Consultant") to the American Bar Association ("ABA"). In that capacity, I am the director of the ABA's Section of Legal Education and Admissions to the Bar Accreditation Project ("Section"). I assumed this position on September 1, 2006. 2. On January 2, 2012, I submitted a declaration in support of the ABA's opposition to the motion of Plaintiff Lincoln Memorial University Duncan School of Law for preliminary relief. 3. The facts set forth in this Supplemental Declaration are based on my personal knowledge, my review of records of the regularly conducted activities of the Section, and my review of publicly available information. If called to testify as a witness, I can testify competently to the matters and facts set forth in this Declaration. 4. I submit this Declaration to clarify certain information regarding the Section's 2011-12 Appeals Panel. 5. Due to administrative delays and a large number of volunteer member appointments to be made for Section committee and governance positions, the membership of the 2011-12 Appeals Panel was not constituted until December 18, 2011. Thereafter, it was determined that the public member could not serve and, on January 25, 2012, the 2010-11 public member was appointed to serve a second term pursuant to Rule 10(g), which provides that members are "[a]ppointed for a one-year term and eligible to serve consecutive terms." Rules of Procedure for Approval of Law Schools, Rule 10(g), subpart 4. 6. The members of the 2011-12 Appeals Panel are Dean Leonard P. Strickman as the legal educator member, Justice Joseph F. Baca as the judge or practitioner member, and Diane Camper as the public member. 1 Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 2 of 9 PageID #: 8021 I, Hulett H. Askew, hereby state and declare as follows: 1. My name is Hulett H. Askew. I am the Consultant on Legal Education ("Consultant") to the American Bar Association ("ABA"). In that capacity, I am the director of the ABA's Section of Legal Education and Admissions to the Bar Accreditation Project ("Section"). I assumed this position on September 1, 2006. 2. On January 2, 2012, I submitted a declaration in support of the ABA's opposition to the motion of Plaintiff Lincoln Memorial University Duncan School of Law for preliminary relief. 3. The facts set forth in this Supplemental Declaration are based on my personal knowledge, my review of records of the regularly conducted activities of the Section, and my review of publicly available information. If called to testify as a witness, I can testify competently to the matters and facts set forth in this Declaration. 4. I submit this Declaration to clarify certain information regarding the Section's 2011-12 Appeals Panel. 5. Due to administrative delays and a large number of volunteer member appointments to be made for Section committee and governance positions, the membership of the 2011-12 Appeals Panel was not constituted until December 18, 2011. Thereafter, it was determined that the public member could not serve and, on January 25, 2012, the 2010-11 public member was appointed to serve a second term pursuant to Rule 10(g), which provides that members are "[a]ppointed for a one-year term and eligible to serve consecutive terms." Rules of Procedure for Approval of Law Schools, Rule 10(g), subpart 4. 6. The members of the 2011-12 Appeals Panel are Dean Leonard P. Strickman as the legal educator member, Justice Joseph F. Baca as the judge or practitioner member, and Diane Camper as the public member. 1 Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 2 of 9 PageID #: 8021 7. Dean Leonard P. Strickman, the chair of the 2011-12 Appeals Committee, was the founding dean of Florida International University College of Law and is a former dean of the University of Arkansas School of Law and the Northern Illinois University College of Law. Dean Strickman previously served on the Accreditation Committee for six years. Dean Strickman has served on 21 site evaluation teams and chaired 18 of those site teams. 8. Justice Joseph F. Baca, who served as an alternate on the 2010-2011 Appeals Panel, is a retired Chief Justice of the New Mexico Supreme Court. Justice Baca was a member of the Section's Accreditation Committee for six years and a member of the Section's Council for four years, as well as a member of the ABA Task Force on Opportunities for Minorities in Law Schools and the ABA Task Force on Opportunities for Minorities in the Judiciary. Justice Baca has served on 14 site evaluation teams. 9. Diane Camper, who served as the designated public member of the 2010-11 Appeals Panel, was again appointed as the designated public member for the 2011-12 Appeals Panel. Ms. Camper, a former journalist, is the communications officer for the Public Welfare Foundation, a private Washington, D.C.-based philanthropic organization. She previously served a total of six years on the Section's Council. 10. Each member of the 2011-12 Appeals Panel has affirmed that he or she will comply with the requirements of Rule 10, including the requirement of compliance with the Section's Conflicts of Interest Policy, as set out in the Section's Internal Operating Practice 19. The Appeals Panel stands ready to hear any appeals submitted during its term and to decide them within the time frame set forth in Rule 10. 2 Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 3 of 9 PageID #: 8022 7. Dean Leonard P. Strickman, the chair of the 2011-12 Appeals Committee, was the founding dean of Florida International University College of Law and is a former dean of the University of Arkansas School of Law and the Northern Illinois University College of Law. Dean Strickman previously served on the Accreditation Committee for six years. Dean Strickman has served on 21 site evaluation teams and chaired 18 of those site teams. 8. Justice Joseph F. Baca, who served as an alternate on the 2010-2011 Appeals Panel, is a retired Chief Justice of the New Mexico Supreme Court. Justice Baca was a member of the Section's Accreditation Committee for six years and a member of the Section's Council for four years, as well as a member of the ABA Task Force on Opportunities for Minorities in Law Schools and the ABA Task Force on Opportunities for Minorities in the Judiciary. Justice Baca has served on 14 site evaluation teams. 9. Diane Camper, who served as the designated public member of the 2010-11 Appeals Panel, was again appointed as the designated public member for the 2011-12 Appeals Panel. Ms. Camper, a former journalist, is the communications officer for the Public Welfare Foundation, a private Washington, D.C.-based philanthropic organization. She previously served a total of six years on the Section's Council. 10. Each member of the 2011-12 Appeals Panel has affirmed that he or she will comply with the requirements of Rule 10, including the requirement of compliance with the Section's Conflicts of Interest Policy, as set out in the Section's Internal Operating Practice 19. The Appeals Panel stands ready to hear any appeals submitted during its term and to decide them within the time frame set forth in Rule 10. 2 Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 3 of 9 PageID #: 8022 1 1. Infonnation on the members ofthe 2011-12 Appeals Panel and the appointed altemate members is attached as Exhibit A. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief Executed on January EZ, 2012. H. ASKEW 3 . Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 4 of 9 PageID #:8023 1 1. Infonnation on the members ofthe 2011-12 Appeals Panel and the appointed altemate members is attached as Exhibit A. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief Executed on January EZ, 2012. H. ASKEW 3 . Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 4 of 9 PageID #:8023 h?b?t A Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page50f9 PageID #:8024 h?b?t A Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page50f9 PageID #:8024 2011-2012 Appeals Panel Appeals Panel Chair Leonard P. Strickman Professor of Law Florida International University College of Law During 2011-2012, Leonard Strickman will be serving his 44th year on the faculty of an American law school. He spent more than 25 years as dean of three law schools, including the period from 2001-2009, during which he was Founding Dean of the Florida International University College of Law. During that period he led the College of Law to full accreditation by the American Bar Association (ABA) and membership in the Association of American Law Schools (AALS). Professor Strickman began his academic career on the faculty of the Boston University School of Law from 1966-1970. He left academia for two years to serve as Minority Counsel to the United States Senate Select Committee on Equal Educational Opportunity. He returned to teaching in 1972 at the Boston College Law School where he served for nine years. He continued to teach and write in the areas of Constitutional Law, Criminal Law and Education Law, and also taught the basic course in Administrative Law. In 1981 he joined the faculty of the Northern Illinois University College of Law, where he served as Dean for nine years, leading that law school to full ABA accreditation and AALS membership. In 1991 he became Dean of the University of Arkansas School of Law, a position in which he served for eight years. He left the faculty there in January 2001 for the founding deanship at FIU. He continued to teach through most years of his deanships. He has also served as a visiting professor at the University of Colorado School of Law and at the University of California, Hastings College of the Law. He has been active in national legal education issues, serving, among other assignments, for six years on the Accreditation Committee of the ABA Section of Legal Education and Admission to the Bar, and on the Committee on Academic Freedom and Tenure of the AALS. He has performed twenty-one accreditation site visits for the American Bar Association, chairing eighteen of those site teams. Professor Strickman earned his A.B. degree from University of Rochester and J.D. degree from Yale University. The Hon. Joseph F. Baca Retired Joseph F. Baca is a retired Chief Justice of the New Mexico Supreme Court and currently engages in a private practice of arbitration and mediation. Justice Baca was elected to the Court in 1988 and served 13 years. He also served 16 years as district Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 6 of 9 PageID #: 8025 2011-2012 Appeals Panel Appeals Panel Chair Leonard P. Strickman Professor of Law Florida International University College of Law During 2011-2012, Leonard Strickman will be serving his 44th year on the faculty of an American law school. He spent more than 25 years as dean of three law schools, including the period from 2001-2009, during which he was Founding Dean of the Florida International University College of Law. During that period he led the College of Law to full accreditation by the American Bar Association (ABA) and membership in the Association of American Law Schools (AALS). Professor Strickman began his academic career on the faculty of the Boston University School of Law from 1966-1970. He left academia for two years to serve as Minority Counsel to the United States Senate Select Committee on Equal Educational Opportunity. He returned to teaching in 1972 at the Boston College Law School where he served for nine years. He continued to teach and write in the areas of Constitutional Law, Criminal Law and Education Law, and also taught the basic course in Administrative Law. In 1981 he joined the faculty of the Northern Illinois University College of Law, where he served as Dean for nine years, leading that law school to full ABA accreditation and AALS membership. In 1991 he became Dean of the University of Arkansas School of Law, a position in which he served for eight years. He left the faculty there in January 2001 for the founding deanship at FIU. He continued to teach through most years of his deanships. He has also served as a visiting professor at the University of Colorado School of Law and at the University of California, Hastings College of the Law. He has been active in national legal education issues, serving, among other assignments, for six years on the Accreditation Committee of the ABA Section of Legal Education and Admission to the Bar, and on the Committee on Academic Freedom and Tenure of the AALS. He has performed twenty-one accreditation site visits for the American Bar Association, chairing eighteen of those site teams. Professor Strickman earned his A.B. degree from University of Rochester and J.D. degree from Yale University. The Hon. Joseph F. Baca Retired Joseph F. Baca is a retired Chief Justice of the New Mexico Supreme Court and currently engages in a private practice of arbitration and mediation. Justice Baca was elected to the Court in 1988 and served 13 years. He also served 16 years as district Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 6 of 9 PageID #: 8025 judge in the Second Judicial District. He previously served for six years each on the Section's Accreditation Committee and on the Standards Review Committee, and for four years on the Section's Council. He served on the ABA Task Force on Opportunities for Minorities in Law Schools and on the ABA Task Force on Opportunities for Minorities in the Judiciary. President Clinton appointed Justice Baca to the State Justice Institute Board of Directors, where he currently serves as vice-chairman. Justice Baca earned his J.D. degree at George Washington University School of Law, an LL.M. degree from the University of Virginia School of Law, and a B.A. from the University of New Mexico. He also received an honorary doctor of laws from George Washington University Law School. Diane Camper Communications Officer Public Welfare Foundation Diane Camper has served since 2008 as communications officer for the Public Welfare Foundation, a private philanthropy based in Washington, DC. A former journalist, Ms. Camper has worked as an assistant editorial page editor at the Baltimore Sun, a member of the editorial board at the New York Times and a bureau correspondent for Newsweek. She has written on a number of issues that affect families and children, including education, early childhood development, criminal and juvenile justice and child welfare. From 1997 to 2004, she was with the Annie E. Casey Foundation, serving as public affairs manager and as a Senior Fellow. She has an undergraduate degree in journalism and political science. Ms. Camper served on the Section's Council from 2003 to 2008 and was elected again in September 2009 to fill a one-year vacancy. Ms. Camper earned her B.A. from Syracuse University and a Master of Studies in Law from Yale University. Alternates: Chair Steven R. Smith Dean California Western School of Law Dean Smith was appointed dean of California Western School of Law in 1996, following eight years as dean at Cleveland-Marshall Law School. He had previously been a law professor at the University of Louisville, where he also served as associate dean and acting dean. Dean Smith has received awards for innovative teaching, research and creative activity, and distinguished service and has developed and taught courses and seminars on Health Law and Mental Health Law. He has published widely in law and psychology and law and medicine. Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 7 of 9 PageID #: 8026 judge in the Second Judicial District. He previously served for six years each on the Section's Accreditation Committee and on the Standards Review Committee, and for four years on the Section's Council. He served on the ABA Task Force on Opportunities for Minorities in Law Schools and on the ABA Task Force on Opportunities for Minorities in the Judiciary. President Clinton appointed Justice Baca to the State Justice Institute Board of Directors, where he currently serves as vice-chairman. Justice Baca earned his J.D. degree at George Washington University School of Law, an LL.M. degree from the University of Virginia School of Law, and a B.A. from the University of New Mexico. He also received an honorary doctor of laws from George Washington University Law School. Diane Camper Communications Officer Public Welfare Foundation Diane Camper has served since 2008 as communications officer for the Public Welfare Foundation, a private philanthropy based in Washington, DC. A former journalist, Ms. Camper has worked as an assistant editorial page editor at the Baltimore Sun, a member of the editorial board at the New York Times and a bureau correspondent for Newsweek. She has written on a number of issues that affect families and children, including education, early childhood development, criminal and juvenile justice and child welfare. From 1997 to 2004, she was with the Annie E. Casey Foundation, serving as public affairs manager and as a Senior Fellow. She has an undergraduate degree in journalism and political science. Ms. Camper served on the Section's Council from 2003 to 2008 and was elected again in September 2009 to fill a one-year vacancy. Ms. Camper earned her B.A. from Syracuse University and a Master of Studies in Law from Yale University. Alternates: Chair Steven R. Smith Dean California Western School of Law Dean Smith was appointed dean of California Western School of Law in 1996, following eight years as dean at Cleveland-Marshall Law School. He had previously been a law professor at the University of Louisville, where he also served as associate dean and acting dean. Dean Smith has received awards for innovative teaching, research and creative activity, and distinguished service and has developed and taught courses and seminars on Health Law and Mental Health Law. He has published widely in law and psychology and law and medicine. Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 7 of 9 PageID #: 8026 Dean Smith served as deputy director of the Association of American Law Schools (AALS) in 1987-88. He remains active in AALS and in the work of the Section, where he served on the Council from 2003 to 2006 and served as Chair in 2005-06. He earned a J.D. (high distinction, Order of the Coif) from the University of Iowa College of Law, an M.A. in economics from the University of Iowa, and a B.A. (summa cum laude) from Buena Vista College. Jerome C. Hafter, Esq. Phelps Dunbar, LLP Jerome C. Hafter is a partner in the Jackson, Mississippi office of Phelps Dunbar, LLP, which has offices in Louisiana, Mississippi, Texas, Florida and the United Kingdom. He practices in the areas of business, corporate, and commercial law with a particular emphasis on representing agribusiness industries. Mr. Hafter has served as president of the Washington County Bar Association, is a member of the American Law Institute and the American Judicature Society, and a fellow of the Mississippi Bar Foundation. Since 1979 he has served as chairperson of the Mississippi Board of Bar Admissions; from 1989 to 2000 as a member of the Board of Managers of the National Conference of Bar Examiners and its chair from 1998 to 1999. Mr. Hafter received his undergraduate degree, summa cum laude, from Rice University where he was a member of Phi Beta Kappa and president of the Student Association. He attended Oxford University in England as a Marshall Scholar, obtaining a B.A./M.A. with First Class Honors in Modern History and attended law school at Yale University, where he served as associate editor of the Yale Law Journal. Mr. Hafter is the author of numerous published books and articles. He served on the Accreditation Committee from 1998 to 2002, and on the Council from 2002 to 2011, serving as Chair of the Council in 2010-11. R. Barbara Gitenstein President College of New Jersey R. Barbara Gitenstein is President of the College of New Jersey. She came to the College of New Jersey from Drake University where she served as provost and executive vice president. She currently serves as Vice Chair of the Middle States Commission on Higher Education, as a member of the Association of Governing Boards of Universities and Colleges (AGB) Council of Presidents, as a member of the American Council on Education Commission on Advancement of Racial and Ethnic Equality, and as a member of the ACE Task Force on Accreditation. Dr. Gitenstein received a B.A. with honors in English from Duke University and a Ph.D. in English and American Literature from the University of North Carolina, Chapel Hill. Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 8 of 9 PageID #: 8027 Dean Smith served as deputy director of the Association of American Law Schools (AALS) in 1987-88. He remains active in AALS and in the work of the Section, where he served on the Council from 2003 to 2006 and served as Chair in 2005-06. He earned a J.D. (high distinction, Order of the Coif) from the University of Iowa College of Law, an M.A. in economics from the University of Iowa, and a B.A. (summa cum laude) from Buena Vista College. Jerome C. Hafter, Esq. Phelps Dunbar, LLP Jerome C. Hafter is a partner in the Jackson, Mississippi office of Phelps Dunbar, LLP, which has offices in Louisiana, Mississippi, Texas, Florida and the United Kingdom. He practices in the areas of business, corporate, and commercial law with a particular emphasis on representing agribusiness industries. Mr. Hafter has served as president of the Washington County Bar Association, is a member of the American Law Institute and the American Judicature Society, and a fellow of the Mississippi Bar Foundation. Since 1979 he has served as chairperson of the Mississippi Board of Bar Admissions; from 1989 to 2000 as a member of the Board of Managers of the National Conference of Bar Examiners and its chair from 1998 to 1999. Mr. Hafter received his undergraduate degree, summa cum laude, from Rice University where he was a member of Phi Beta Kappa and president of the Student Association. He attended Oxford University in England as a Marshall Scholar, obtaining a B.A./M.A. with First Class Honors in Modern History and attended law school at Yale University, where he served as associate editor of the Yale Law Journal. Mr. Hafter is the author of numerous published books and articles. He served on the Accreditation Committee from 1998 to 2002, and on the Council from 2002 to 2011, serving as Chair of the Council in 2010-11. R. Barbara Gitenstein President College of New Jersey R. Barbara Gitenstein is President of the College of New Jersey. She came to the College of New Jersey from Drake University where she served as provost and executive vice president. She currently serves as Vice Chair of the Middle States Commission on Higher Education, as a member of the Association of Governing Boards of Universities and Colleges (AGB) Council of Presidents, as a member of the American Council on Education Commission on Advancement of Racial and Ethnic Equality, and as a member of the ACE Task Force on Accreditation. Dr. Gitenstein received a B.A. with honors in English from Duke University and a Ph.D. in English and American Literature from the University of North Carolina, Chapel Hill. Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 8 of 9 PageID #: 8027 Dr. Gitenstein has served on the Accreditation Committee of the Section of Legal Education and Admissions to the Bar (2000 to 2002) and has served on six law school site teams for the Section, the most recent one in March of 2011. Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 9 of 9 PageID #: 8028 Dr. Gitenstein has served on the Accreditation Committee of the Section of Legal Education and Admissions to the Bar (2000 to 2002) and has served on six law school site teams for the Section, the most recent one in March of 2011. Case 3:11-cv-00608 Document 37-1 Filed 01/31/12 Page 9 of 9 PageID #: 8028