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The Hon. Thomas E. Brennan

My Friend Lou Smith

Louis A. Smith was one of the three original incorporators of the Thomas M. Cooley Law School. I'm sure at the time he agreed to sign the articles of incorporation, he had no idea what demands would be made on his time, talent and resources over the next twenty years.

Despite his own burgeoning law practice, Lou always made time for Cooley. His financial generosity included the donation of a working oil well near Traverse City. By 1977, he had been chosen by the Board of Directors to be the president of the school, and he was deeply involved in the American Bar Association inspection that took place in late March of that year.

On March 31, he wrote to the Board:

"On Tuesday, March 29, 1977, Dean Brennan, Associate Dean Krinock and I had the opportunity to meet with the ABA visitation team. To refresh your memory, said team is comprised of the following:

Dean Frank Read of the University of Tulsa Law School

Dean Colin Gillis of the New England Law School

Judge Theodore Goodwin of the Ninth Circuit Court of Appeals

Professor Cameron Allen, a Librarian from Rutgers University Law School

"The queries made by the team regarding the Board and officers of the Thomas M. Cooley Law School focused in the general areas of function, roles and goals. After discussing such topics for an hour or more, Dean Read (an ostensibly friendly chap) asked if there were any questions. The following question was then put to the team, "How do you envision your role in the ABA accreditation process?" It was apparent that the team was not totally sure of their role, particularly regarding the propriety of a "bottom line", recommendation regarding approval (pro or con) and envisioned the team role as one of fact-finder. We impressed upon them the crying need for such a recommendation in that we are certain that Professor White et al will not on their own initiate full approval. Dean Read agreed to clarify the role of the team in this visit with Professor White and will notify us as to his instruction. He cautioned that White has taken the position that the team exceeds their authority when recommendations are made."

Lou felt that we should insist on a recommendation; that Judge Goodwin, particularly, would not be satisfied with a mere fact-finding role. He later quoted Judge Goodwin as saying that Cooley "...looks like a good old-fashioned law school." Lou did not view the team as a Trojan Horse.

On June 2, 1977, President Smith sent the Board members a copy of the inspection team's draft report, calling attention to its concluding paragraph:

"It is hoped that the above focus on all of the specific standards questioned in the Coco Report will aid the accreditation committee in its deliberations. One adjective has been overworked in this report, and that word is "unique." But the Cooley Law School is indeed a unique blend of the very traditional and the very innovative. If this report has, in some way, enabled the accreditation committee to glimpse the unique character of Cooley Law School, its beginnings, its early growth, and its philosophies of legal education, it has been a successful endeavor on the part of the inspectors."

On July 20, President Smith reported to the Board that he and I, accompanied by Associate Deans Krinock and Fisher, had met with the accreditation committee at the Notre Dame Law School. His summary:

"Mr. Nahstoll, using the technique of "paraphrasing out of context" attempted to posture the recent ABA inspection team report in an unfavorable light. Incredible as it may seem, Mr. Nahstoll concentrated not on what the report said, but what it did not say."

Lou told the Board that we had ordered a transcript of the meeting, which we would send to the members of the visitation team. We looked to them to rebut what we heard in South Bend.

Lou Smith's assessment was on the mark. On August 9, 1977, he again reported to the board:

"On Saturday, August 6, 1977, The Thomas M. Cooley Law School took, in my opinion, a great step toward full accreditation. With the aid of Federal Judge Alfred T. Goodwin, a member of the immediate past visitation team, Dean Brennan made an eloquent plea for full accreditation to the Council on Legal Education. The presentation resulted in a motion and second for full accreditation for The Thomas M. Cooley Law School! After much discussion, a 6-6 vote was tallied. The chair then exercised its option to vote and a final vote of 6-7 against full accreditation was noted.

"The Council has determined the only remaining questionable area re full compliance is whether or not 12 full time professors at the Thomas M. Cooley Law School are sufficient."

Professor Tom Shaffer of the University of Notre Dame Law School was detailed to talk to us about the issue of student-teacher ratio. Lou Smith felt we were closing in on our goal. I hoped he was right.

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This Page was last updated on: 08/22/2005