CRITERIA
AND PROCEDURES FOR
ESTABLISHING A
CHAPTER OF
THE ORDER OF THE COIF
(Revised 5/1/99)
The Order of the Coif is legal education's national honorary society.
The purpose of the Order of the Coif is
“to encourage excellence in legal education by fostering a spirit of careful
study, recognizing those who as
law students attained a high grade of scholarship, and honoring those who
as lawyers, judges, and teachers
attained high distinction for their scholarly or professional accomplishments.”
Chapters are established at
those law schools that demonstrate that their programs serve these objectives.
A history of the Order may be found in the Coif
Handbook and in Strong, Order of the Coif: English Antecedents
and American Adaptation, 63 A.B.A.J. 1725 (1977).
A. CRITERIA (adopted by the Executive Committee January 9, 1982)
This statement of the requirements for the establishment of a chapter
is issued in exercise of the responsibility
imposed by Sections 2.2 and 8.1 of the Coif Constitution upon the Executive
Committee to interpret the
Constitution, pass upon the national policy of the Order, and administer
its affairs. The statement is based
upon the general principles stated in the Constitution. In determining
in particular what those general principles
require, the Executive Committee is guided by the settled practices of
the Order.
To merit a chapter of the Order of the Coif a law school must comply with the following requirements:
1) ABA Approval and AALS
Membership. The law school must be in full compliance with the Standards
for the Approval of Law Schools by the American Bar Association and with
the requirements of membership
in the Association of American Law Schools.
2) An Established Program.
To assure that the law school and its program are firmly established, a
chapter may not be established at a school until the school has offered instruction for ten consecutive years and
have had one sabbatical site evaluation after the three-year site evaluation following the granting of full approval.
3) University Affiliation.
A law school should be a functioning part of a university. It is in a university
setting
that a law school is most likely to encourage scholarship in its students
and faculty. If a law school if not a part
of the university or is situated apart from its parent, it must make the
arrangements necessary to bring to its
students and faculty the advantages that would normally flow to it from
being a part of a university. These
advantages include library resources relating to other disciplines and
the involvement of faculty from other
disciplines in its teaching and scholarship.
4) Part-time Program.
A law school may offer a part-time as well as a full-time first degree
program and
graduate degree programs. If a law school offers a part-time first degree
program, it must offer to the part-time
students an instructional program substantially as rich as that offered
the full-time students and must make
arrangements concerning its co-curricular programs that facilitate participation
therein by the part-time students.
The law school shall remove the obstacles to scholarship by the full-time
faculty that is sometimes presented by
teaching in an evening program. This may be done by giving appropriate
attention to, among other things,
teaching loads and schedules.
5) Educational Environment. The law school
shall provide for its students a stimulating intellectual environment
for the study of law.
6) Commitment of the University and Law School
Administration to Quality Legal Education. The University
and law school administration must be committed to quality legal education
and must make the necessary
institutional arrangements that will facilitate the presentation of a program
of quality legal education. The
institutional arrangements among the faculty, dean, central administration
and, in the case of state-supported
institutions, the central state educational authority shall fully recognize
the professional competence and
judgment of the law faculty and dean concerning the school’s educational
program and faculty appointments.
The dean and faculty shall periodically examine the school’s educational,
effective discharge of the missions
selected.
7) Faculty. The faculty
must be not only dedicated and effective teachers but also productive scholars
of
works of quality. Quality scholarship may include law reform, such as that
done by reporters for the American
Law Institute, National conference of Commissioners on Uniform State Laws,
and state law revision commissions.
The law school shall maintain conditions that facilitate the full-time
faculty members effective discharge of their
teaching and scholarly responsibilities. These conditions include adequate
secretarial and research assistance
and adequate funds for professional travel.
8) Educational Program.
The law school’s first degree program shall provide instruction not only
in the basic
courses but also in some of the newer areas of the law. Through courses
and seminars the students must be
given opportunities to develop their research and writing skills. The school
shall present a rich and varied
program of cocurricular activities, such as law journal, moot trial and
appellate court and client counseling, that
will assist the students in developing their skills of scholarship and
lawyering. The approach taken in teaching
must include a jurisprudential and humanistic view of the law and have
concern not only for what the law is but for
what it might be.
9) Student Body. The
student body should be composed of persons with a rich and varied educational
experiential background and must bring to their law studies excellent academic
credentials. The students shall
manifest a professional attitude towards their responsibilities as students
and an intellectual interest in the law
and legal institutions.
10) Law Library. The
law library collection must be of the size and quality that will adequately
support and
encourage the research activities of the students and faculty. The library's
professional staff shall provide a high
level of professional assistance to the teaching and scholarly program
of the school.
11) Physical Facilities.
The law school’s physical facilities shall be of a size and quality that
promote the
attainment by the law school of its educational goals.
B. PROCEDURES
Summary of the Process. The process leading
to the establishment of a chapter at a law school begins its
review of the criteria for membership (see above). If the dean or
other representatives of the interested law
school have questions or wish to discuss the matter, the school should
contact the national Secretary-Treasurer.
The process ends when the chapters affirmatively accept by written ballot
the Executive Committee’s
recommendation that a chapter be established at the law school.
1. It is
the strong preference of the Committee that an application for new chapter
be filed within two
years following sabbatical inspection of the school by the ABA/AALS. The
first formal step in the process is the
dean’s letter on behalf of the law school stating its wish that a chapter
of the Order be established at the school.
Accompanying the letter or submitted
shortly thereafter is the documentation that will permit the Executive
Committee to determine whether there is a “presumptive likelihood that
the law school merits a chapter.”
2. If the Executive Committee
determines upon the basis of the documentation that there is likelihood
that
the applying school merits a chapter in the Order, the presidential appoints
a team to conduct a site evaluation
of the school. The visiting team inspects the law school and prepares a
written report of its findings. On the basis
of this report and the descriptive and quantitative data submitted by the
law school, the Executive Committee
determines whether the school meets the requirements for the establishment
of a chapter.
3. If it concludes that the
school does, the Secretary-Treasurer transmits to the chapters for vote
by mail
ballot the Executive Committee’s recommendation that a chapter be established
and a description of the law
school and its program of legal education prepared by the national Secretary-Treasurer.
Upon the favorable
vote of 80 percent or more of the chapters on a school’s application for
a charter, the national Secretary-
Treasurer declares the creation of the new chapter and issues the school
a charter. (Source: Coif Constitution
§3.1)
Informal Consultation. If the school wishes
to consult with the national Secretary-Treasurer concerning the
procedures and criteria for the establishment of a chapter, the dean or
other representative of the law school
should initiate the contact. If there are aspects of a law school and its
program that raise questions about
compliance with Coif requirements, discussions with the Secretary-Treasurer
may prove helpful. While the
Secretary-Treasurer is obviously not in a
position to determine on behalf of the Order that a potential
applicant school meets the criteria, he or she should be able to help the
law school identify the areas, if any,
that may need additional attention before a formal application is made.
Application. The law school makes its formal
application for a chapter by a letter signed by the dean that is
addressed to the President. The letter should state that the dean believes
that the law school qualifies for a
chapter and that accordingly the law school makes application for the establishment
of a chapter. In this letter
or an accompanying memorandum, the dean should describe briefly the particulars
that demonstrate that the
law school complies with each of the eleven requirements for the establishment
of a chapter.
Seven copies of the application shall be sent to the Secretary-Treasurer. The application is composed of:
1. Letter or memorandum
from the dean of the applicant school summarizing the school’s compliance
with the eleven requirements for a Coif chapter.
2. The law school catalog.
3. The reports from the most recent ABA and AALS site inspection
along with the correspondence from
the ABA and AALS with respect to their findings, conclusions or concerns based on the most recent site
inspection. The ABA must have made a final decision, with no outstanding requests for further information, that
the school is in full compliance with the Standards for Approval of Law Schools. Likewise, the AALS must have
made a final decision, with no outstanding requests for further information, that the school meets the membership
requirements of the AALS. It is strongly recommended that applications for chapters be filed within
two years
following a sabbatical inspection of the school by the ABA and AALS.
4. Supporting documents setting forth the following information:
(A) Faculty
(1) Biographical information about the education and professional experience
of the full time
faculty,
(2) A list of the adjunct faculty with the subjects taught,
(3) Bibliography of faculty publications for the past five years, and
(4) Faculty support (sabbatical policy, research assistance, summer grants,
and other types of
faculty support.
(B) Library
(1) Total volume count, stating separately the count for hardbound volumes,
serials, and
microform, and the ranking of the library by the ABA in each of these
categories.
(2) The financial support provided for the library, listing separately
the amount allocated for
new acquisitions, and
(3) The professional staff of the library.
(C) Students
(1) The qualifications (LSAT & GPA) of students admitted for the prior
5-year period, and
(2) The attrition rate for a 5-year period. This is to be shown by comparing
the number of
students admitted to a given class with the number who actually graduated.
(Example:
students admitted to first year in 1980 - 150; students graduating in June,
1983 - 100.)
(D) Financial Support
(1) The annual law school budget,
(2) Private schools shall in addition state the percentage of the budget
funded by tuition.
(E) Extra Curricular Activities
(1) List the periodicals edited or published by the applicant school, and
(2) Describe any special or endowed lectureships or other types of enrichment
programs.
Especially
where the most recent reinspection occurred some years ago, it may be necessary
to
submit additional materials.
Executive Committee’s Determination of “Presumptive
Likelihood.” Upon the basis of the documentation
submitted, the Executive Committee determines whether this documentation
“indicates presumptive likelihood
that the applying law school merits a chapter in the Order.” The
national Secretary-Treasurer reviews the
documentation to determine if there is additional information that the
Executive Committee is likely to want.
If so, he will ask the dean for these additional data.
The Executive Committee customarily
meets only once a year, during the annual meeting of the AALS.
A school’s application for membership must be filed by the first day of
November to be considered at the next
January meeting.
Evaluation Inspection. If the Executive Committee
determines that the school has made a showing that
indicates presumptive likelihood that it merits a chapter, the president
appoints a visitation team for a site
evaluation. The on-site inspection of the school may be made in either
the fall or spring term; the fall term
is preferable. As soon as the inspection team is appointed, the dean and
the chairperson of the team should
confer about the times most appropriate for the inspection. It is essential
that the inspection team have an
opportunity to visit classes and confer with faculty and students. Therefore,
the inspection must take place
while classes are in session. It is important that the inspection team
have an opportunity to confer with the
chief executive officer of the university; therefore, the inspection should
be scheduled at a time that the
president or chancellor is available for an exit interview.
The inspection team is composed
of three or four persons. A dean, a full time teacher and a librarian
commonly compose the team. Occasionally, a judge, practitioner or non-legal
educator participate in the visit.
The inspection teams are composed of persons who have been elected to the
Order. The applying school’s
program and organizational structure are taken into account in selecting
the visitors; visitors whose experience
especially qualify them to inspect the school in question are sought. However,
persons who have an association
with the law school, university, dean or faculty member that might appear
to impair their capacity to make a full,
fair and candid evaluation of the school are avoided. Former members of
the faculty and graduates of the
school are, therefore, not appointed to a school’s inspection team.
The Inspection. The dean and chairperson of
the inspection make the arrangements for the visit and
develop the schedule for the visit. The team shall be provided with the
same documentation as that
submitted to the Executive Committee.
The members of the inspection team submit their statement
of expenses incurred in making the inspection
to the dean. The dean should arrange to have these expenses reimbursed
promptly. The school shall pay to
the Order an application fee of $150; this fee is designed to cover the
direct expenses of the Order in
processing the application.
Inspection Report. The inspection team should
promptly prepare a comprehensive report setting out its
findings with the respect to the different aspects of the school’s administration
and program. The chairperson
of the team should send a draft of the report to the dean, with the request
that it be reviewed to determine
whether it contains any inadvertent errors of fact. The dean should promptly
inform the chairperson of the
team of any errors. The inspection report should be put in final form and
sent to the Secretary-Treasurer for
distribution to the Executive Committee, members of the team, and the president
and dean. Distribution of the
report is restricted. The president or dean may make the report available
to members of the full time faculty
and those members of the university and law school administration who official
reason to have access to the
inspection report. Persons obtaining access to the report should be informed
of the restrictions on its distribution.
Consideration by the Executive Committee.
The Executive Committee’s responsibility is to determine upon
the basis of the inspection report and the other information that has been
submitted to it by the school
whether to recommend to the chapters of the Order that a chapter be established
at the applicant school.
The dean is invited to submit to the Executive Committee a statement of
material developments that have
occurred since the report was written and any germane comments.
As indicated above, the Executive Committee generally
meets only once a year. The Executive Committee,
may in exceptional cases, make its determination by mail ballot.
Executive Committee’s Recommendation to the Chapters.
If the Executive Committee determines that the
applicant school meets the criteria for the creation of a chapter, it informs
the chapters of its judgment and
recommends that the chapters grant the application.
Vote by Chapters. The national Secretary-Treasurer
submits to the chapters by certified mail the Executive
Committee’s determination
that the applicant merits a chapter and recommendation that a chapter therefore
be created.
At this point the applicant
school pays a chartering fee of $250 to cover the direct costs of submitting
the Executive Committee’s recommendation to the chapters and of related
actions.
To avoid submission of recommendations
for the creation of chapters arriving at the chapter school at
times that a number of the faculty are likely to be away, the Coif Constitution
specifies that these
recommendations may not be mailed to the chapters between April 1 and
September 15. The chapters
are asked to vote within 40 days of the mailing of the memorandum containing
the recommendation for the
creating of a chapter. Those chapters that have not voted within 45 days
after the mailing of the
memorandum are recorded as voting affirmatively. A favorable vote of 80
percent or more of the chapters
is required for the establishment of a charter.