Lapas attēli
PDF
ePub

The committee dissents from the position that the attempt to secure a uniform law should not be made because it will be impossible to get every state to adopt it.

It may be impossible to secure the adoption of a uniform law in all the states at the present time, or at any time. But that fact, if it be a fact, certainly does not seem to afford any adequate reason why the American Bar Association should decline to say that some uniform law on the subject is desirable.

The particular objection referred to, with as much reason, might have been urged to defeat the action which was taken by this Association when it recommended all law schools to establish a three-years' course of study for the degree of LL. B., and that they should require a high school education of an applicant for admission, and that all candidates for admission to the Bar who are not graduates of a three-years' law school should be required to study law four years.

The improbability of favorable action in all the states did not prevent this Association from recommending the adoption of the uniform laws as to negotiable instruments, sales and warehouse receipts.

The question is not whether the advice of the Association will at once, or in course of time even, be followed in all the states. The point at issue is whether uniformity, attained by legislation, is or is not desirable. Upon that question the committee thinks there ought to be no difference of opinion.

A particular law degree should represent some definite or uniform period of legal study. In a country which permits law schools to be organized and to confer degrees under a general incorporation law, it is idle to expect any uniformity to be reached upon this subject except by legislation. And it is clear to the committee that any impracticability of having all the states adopt a uniform law constitutes no adequate reason why this Association should be deterred either from expressing the opinion that such a uniform law is desirable, or from lending its influence to a movement which seeks to secure such a law in as many of the states as possible.

It may possibly be said by some that it is a mistake to encourage legislative bodies to legislate on the subject of degrees. But the committee submits to the candid judgment of the Association whether it is not wiser for the law-making body, in granting the degree-conferring power to any who may choose to incorporate under a general law, to specify what degrees may be granted and the conditions under which they may be conferred, than it is to allow the self-constituted incorporators, actuated often by commercial purposes only, to award degrees upon their own terms and without any supervision or restriction by the state. The evils which result under the latter system are notorious and disgraceful, and were so fully commented upon in the report submitted in 1907 that it is unnecessary to further enlarge upon that phase of the subject. If the argument that the legislature may abuse its power and the governor may acquiesce in the abuse is to be urged to defeat the proposed legislation, the committee suggests that the same argument could be made and with equal reason against legislation on almost any subject. It is always possible that a power may be abused, but that fact does not justify the conclusion that the law-making body will abuse its trust or that the governor will permit the abuse. It is very much to be preferred that the sovereign power of the state should itself determine the general conditions under which degrees should be granted than it is to allow the utmost freedom to irresponsible persons to confer degrees according to their own pleasure, and in such manner as will best promote the selfish and commercial motives by which many of them are unfortunately actuated.

Assuming that a uniform law of some kind is desirable, the question that remains for consideration is concerning the provisions which should be incorporated in the act. The committee in 1907 submitted the draft of a proposed law. (See Proceedings A. B. A., 1907, pp. 590.) The committee resubmits for the consideration of the Association the act then proposed, making, however, a slight change in phraseology in a few particulars to make its meaning perhaps more definite, and in addition one material alteration. The act as now submitted is changed so as

to withdraw any degree-conferring power from the one-year schools. There is now but one one-year school in the United States, so far as the committee has been able to ascertain. It seems so absolutely improper for a school to give a degree after one year's study of law that the committee is unwilling, on further reflection, to appear to lend sanction to it by proposing as a desirable law one which authorizes such practice.

The act, which four of the five members of this committee approves, is as follows:

AN ACT

TO REGULATE CONFERRING OF LAW DEGREES.

Be it enacted by, etc.

SEC. 1. Any educational institution providing instruction in law, and which may be hereafter incorporated, or which has been incorporated heretofore under an act subject to amendment, shall have authority to confer the law degrees herein mentioned, in accordance with the conditions by this act prescribed, and not otherwise.

SEC. 2. The degree of Bachelor of Laws (LL.B.) and Bachelor of Civil Law (B. C. L.) may be conferred by an institution which maintains a course of law for undergraduates, which course extends over three academic years, of at least eight months in each year, provided said institution requires of applicants for admission to its classes as candidates for a degree an education equivalent to that possessed by one who has completed a course required for graduation from a high school in this state, and, in addition, requires candidates for such degrees to carry at least ten hours of classroom work a week throughout each academic year in that institution or in some other institution qualified under this act to grant such degrees.

SEC. 3. The degree of Bachelor of Law (L. B.) may be conferred by an institution which maintains a course of law for undergraduates, which course extends over not less than two academic years of at least eight months in each year, provided

said institution requires of applicants for admission to its classes an education equivalent to that possessed by one who has completed a course required for graduation from a high school in this state, and, in addition, requires candidates for such degree to carry at least ten hours of classroom work a week throughout each academic year in that institution or in some other institution qualified under this act to grant such degree.

SEC. 4. The degree of Master of Laws (LL. M.) may be conferred only by institutions authorized by this act to confer the degree of Bachelor of Laws, and shall be granted only to persons who have studied law for not less than one full academic year after obtaining the Bachelor's degree in Law and prosecuting such study in residence at the institution conferring the degree.

SEC. 5. Institutions authorized by this act to confer the degree of Bachelor of Laws may confer the degrees of Doctor of Civil Law (D. C. L.) and Doctor of Law (J. D.); but such degrees shall be granted only to persons who have previously obtained the degrees of Bachelor of Laws and a degree in Arts or Science, or, in lieu of a degree in Arts or Science, have received an education equivalent to that required for such a degree, and who shall thereafter complete two full academic years of work done in residence at the institution granting the degree, or at some other institution qualified under this act to grant it.

SEC. 6. The degree of Doctor of Laws (LL. D.) shall not be conferred upon examination, but only causa honoris.

SEC. 7. No correspondence school of law shall confer any degree mentioned in this act.

SEC. 8. Whoever, contrary to the provisions of this act, offers or grants any law degree, as a school or as a private individual alone or associated with others, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or both by such fine and imprisonment.

The above act is approved by the deans of the following schools:

[blocks in formation]

Cincinnati University,
University of Colorado,
Cornell University,
Creighton College of Law,
Dickinson School of Law,
Epworth University,
Fordham University,
George Washingt'n University,
Georgetown University,
Illinois College of Law,
University of Illinois,
Illinois Wesleyan University,
Indiana Law School,
Indiana University,
Iowa University,

John B. Stetson University,
John Marshall Law School,
University of Kansas,
Lincoln College of Law (Law
Department of St. Ignatius
College, Chicago),
Marquette University,
Mission University,

The act is disapproved by the having a three-years' course: Catholic University,

Columbia University,

Chicago University,

Harvard University,

Leland-Stanford University,
Maryland University,

Michigan University,

And it is disapproved by the

having a two-years' course:

Nebraska University,
New Jersey Law School,
North Dakota University,
Northwestern University,
Notre Dame University,
Oregon University,
Pittsburgh Law School,
University of Southern Cali-
fornia,

South Dakota University,
St. Paul College of Law,
St. Louis Law School (Wash-
ington University),
Syracuse University,
Tulane University,

University of Pennsylvania,
University of the South,
University of Tennessee,
University of Utah,
Vanderbilt University,
University of Washington,
Weston Reserve University,
Yale University,

Y. M. C. A. Evening Law
School (Columbus, Ohio).

deans of the following schools

National University,
New York University,
Ohio University,
Trinity College,

University of Virginia,
University of Wisconsin,
Washington College of Law,

deans of the following schools

[blocks in formation]
« iepriekšējāTurpināt »