3.4.01 The Procedure
The Law School faculty has delegated the authority to make final decisions
on requests for special admissions to the Committee on Admissions and
Readmissions. Decisions are made by the committee to admit, deny, or
wait list applicants. In the case of wait-listed applicants, the Assistant
Dean of Admission and Financial Aid has the authority to admit off the
waiting list only if the candidate's index number was the highest on
the list. Only members of the committee have authority to appeal an
action to the entire faculty.
3.4.02 Examples of Candidates For Whom Special Admission Would
be Considered
A. Candidates who attended an American college or university but who
do not have a baccalaureate degree from an accredited college or university.
These candidates fall into three categories:
1. Candidates who graduate from unaccredited colleges or universities
which later gained accreditation and became qualified institutions
within the meaning of ABA, AALS, and League definitions.
2. Candidates who graduated from institutions currently unaccredited
who subsequently obtained an advance degree from a professionally
accredited institution or, in the case of graduate disciplines where
no special accreditation is required, a qualified institution within
the meaning of ABA, AALS, and League guidelines.
3. Candidates who received a professional degree in a program which
accelerated baccalaureate studies by one year and where no bachelor
degree was granted.
Considerations regarding compliance with League, ABA, and AALS Guidelines
AALS Guidelines permit this kind of special admission in "rare
cases" and specify that special admissions of this kind be granted
only to candidates whose experience and training make them qualified
to study and who are at least 23 years of age. ABA guidelines permit
special admissions of this kind in "exceptional cases" upon
a clear showing of ability and aptitude for the study of law and require
a signed statement by the admissions officer justifying the admission
in the student's file. To avoid potential problems which candidates
with "inferior" degrees may encounter with licensing agencies,
the Director of Admissions will insert language in the letter of admissions
stating the student has responsibility to investigate requirements for
admission to the bar. ABA, AALS, and League rules (which are the same
as those for AALS) anticipate that law schools will consider qualified
candidates who do not possess the literal requirements for admission.
The leeway given law schools to admit special candidates who show clear
aptitude for the study of law recognizes that their potential contribution
to law schools and the profession should not be prevented by adherence
to form over substance.
B. Students who receive a bachelor degree from a foreign institution
not considered to be qualified by the ABA, AALS, and League.
Considerations Regarding Compliance with League, ABA, and AALS Guidelines
The AALS and League guidelines on admissions state that applicants
whose pre-legal studies have occurred outside the United States should
be evaluated comparably with those who received degrees at accredited
American institutions.
A law school that fails to consider applications by resident aliens
who wish to practice law in the United States is, as a practical matter,
denying access to the profession.
The ABA defines a qualified undergraduate institution from which students
may pursue law as one accredited by a United States accrediting agency.
Very few foreign institutions are so accredited. The ABA, however, permits
admission of foreign degree candidates in exceptional cases.
To satisfy AALS guidelines regarding foreign students, the admissions
officer works with Capital University's undergraduate registrar in evaluating
the candidate's undergraduate work to ensure that it compared favorably
with those of qualified American institutions in duration, scope, and
quality. The Law School, in this regard, uses the National Association
for Foreign Student Affairs, an organization used by undergraduate school
for transfer applicants, to evaluate foreign transcripts. If an admission
is granted, the admissions officer places a signed statement in the
student's file describing the considerations which led to an admission
to satisfy ABA requirements.
Most candidates who wish to pursue a Juris Doctor degree have resident
visas or are naturalized citizens of the United States. Virtually all
of these people plan to remain in the United States. To avoid potential
problems which foreign candidates may encounter with licensing agencies
in the United States or abroad, the Director of Admissions will insert
language in the letter of admissions stating that the student has responsibility
to investigate requirements for admission to the bar.
C. Candidates dismissed from ABA-accredited law schools or voluntarily
withdrawn from other ABA-accredited law schools with less than a 2.0
grade average.
Considerations Regarding Compliance with League, ABA, and AALS Guidelines
Both ABA and AALS guidelines permit admission of a student disqualified
from studying at another law school. To satisfy ABA guidelines on admission
following disqualification, the Committee requires disqualified candidates
to wait at least two years following the determination that the applicant
was disqualified for academic reasons. Candidates are required to submit
written statements concerning prior attendance in law school. This statement
must address reasons for the candidate's poor performance during his
or her prior attendance at law school and explain why interim activities
or changes in circumstances make the candidate currently suitable for
the study of law. The committee considers such factors as the following
when determining whether to permit application:
1. Reasons given in the candidate's petition for poor performance
during his or her prior legal studies and whether the stated problems
could reasonably have had a significant impact on the candidate's
performance;
2. Interim activities, changes in circumstances, and their probable
impact on the candidate's current suitability for legal studies;
3. The candidate's credentials, both current and prior to enrolling
for the first time;
4. Non-academic factors that are germane to the candidate’s
competence, character, and fitness to practice law.
3.4.03 In the case of an admission, the admissions
officer is required to place a signed statement in the file of the student
detailing considerations that led to the decision to admit. AALS and
League guidelines require a showing that the candidate has the requisite
ability to study law and mandate that formerly disqualified students
not constitute a substantial part of the school's enrollment.
3.4.04 There are qualified candidates who for personal,
not academic, reasons failed to progress satisfactorily at another law
school. If a formerly disqualified candidate shows a clear aptitude
for law, the candidate can show his or her disqualification resulted
from reasons other than lack of ability, and if Capital's function is
to produce competitive and skilled attorneys, then the Law School should
admit this person if he or she compares favorably to other applicants.
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