In re New York University School of Law, 26 N.Y.2d 143 (1970)
A law school cannot unilaterally alter its established program of studies, specifically the requirement of final course examinations, if that program was the basis upon which the school gained “approved law school” status for bar admission purposes.
Summary
New York University School of Law petitioned the New York Court of Appeals to reconsider its order requiring final examinations for bar admission eligibility, arguing that a faculty resolution had eliminated these exams due to extenuating circumstances. The Court of Appeals denied the petition. The court reasoned that Rule IV of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law requires a final course examination when appropriate, and the law school’s curriculum, which was registered and approved, included this requirement. The court emphasized that relaxing this rule would undermine the quality of legal education and that only those evaluated through authentic written examinations could qualify for the bar exam.
Facts
New York University School of Law (NYU) was an “approved law school” under the New York Court of Appeals’ rules for bar admission. NYU’s curriculum, submitted to the New York State Education Department, stated that students were required to take scheduled examinations unless excused for illness or other uncontrollable causes. This curriculum aligned with the standards of the American Association of Law Schools (AALS), which generally requires written examinations to test scholastic attainment. Following a faculty resolution, NYU sought to eliminate final examinations for the Spring 1970 semester.
Procedural History
NYU filed a petition with the New York Court of Appeals to reconsider its order requiring final examinations. The Court of Appeals denied the petition after considering arguments from NYU, Rutgers University School of Law (which filed a similar petition), and an Amici Curiae brief. This denial upheld the original order regarding examination requirements.
Issue(s)
Whether the New York Court of Appeals should interpret Rule IV of its Rules for Admission as not requiring final examinations in the Spring 1970 semester, or, in the alternative, waive or rescind the rule for NYU students.
Holding
No, because the law school’s approved program of studies included a firm requirement of final course examinations, and the court’s rules for admission are designed to promote the best interests of the students, the legal profession and society at large. Eliminating or dispensing with final examinations in course would tend to downgrade the quality of legal education in this State.
Court’s Reasoning
The court reasoned that its Rule IV, consistently interpreted, requires final course examinations where appropriate. NYU, as an approved law school, represented its curriculum as including these examinations. The court found no basis for NYU’s claim that the order imposed new retroactive requirements. The court noted that its order was published shortly after the faculty resolution and before the voluntary examinations were scheduled. The court rejected the argument that academic freedom justified the unilateral change, stating that a law school cannot change an essential basis of its approval without risking its approved status. The court emphasized that the law school faculty could not modify the court’s rules or lower bar admission requirements. The court quoted the AALS Executive Committee’s statement that accreditation standards and methods of evaluating student work cannot be changed hurriedly, even in emergency circumstances. The court concluded that relaxing the rules would degrade legal education, and only those evaluated by authentic written examinations could qualify for the bar exam. The court stated, “The Rules may not be relaxed, the standards lowered, by decision or resolution of a majority of the faculty of a law school. Only those applicants whose work in their courses has been evaluated by authentic written examination (whenever such examination is appropriate) may qualify to take the July 1970 Bar examination.”