Update on my Gonzaga piece on law schools, lying, and Enron.

After I published this piece, Robert K. Vischer, the dean of the University of St. Thomas Law School (Minnesota), gently suggested that I might want to clarify St. Thomas's restatement of its employment data: 

[Y]ou refer to St. Thomas Law School as having done “the right thing and ‘fessed up when it discovered that it had been misrepresenting its placement data.”  This is an important paper on an important topic, and I’m glad you’re tackling it head on.  I fear, though, that this line may lead readers to lump St. Thomas in with other law schools that have shown a pattern of deliberate misrepresentation.  Our oversight was a one-time occurrence that resulted from an erroneous entry of data.

Specifically, on line 169 of our Class of 2010 U.S. News Employment data report, the number of graduates known to be employed at graduation was correctly listed as 51 graduates (or 32.9% of our 155 total number of 2010 graduates). Unfortunately, on line 164 of the report, we incorrectly listed 125 graduates (or 80.6%) as employed at graduation.  U.S. News listed that incorrect number in its law school rankings.  We immediately contacted U.S. News to alert them to the error. The nine month graduation rate of 86.5% was correct in the rankings.

We did make a one-time mistake, and we paid the price by being unranked for a year.  I’m hoping to avoid leaving the impression that we are another example of law schools trying to fudge the truth over a period of years.

I'm happy to help Dean Vischer clarify his school's role.  There's a huge difference between making a mistake and engaging in a pattern of deception.

Thanks, Wall Street Journal Law Blog and TaxProf Blog!

Nice to be in the spotlight (here and here).

Paul Horwitz on the legal education crisis.

His article (here) is a good read.

For my law faculty colleagues--something free.

Jennifer Robbennolt & Jean Sternlight's book, Psychology for Lawyers, is a marvelous way to introduce students to the way that people (yes, including lawyers) perceive the world.  It's useful for students who plan to be litigators and for students who want to do deals.  Like every other ABA book, though, it's pretty pricey.  But here's the good news:

The ABA will provide you with some individual chapters for FREE to you and your students.

If you're interested, contact Jean at jean.sternlight@unlv.edu.

A template for law schools' press releases, now that the USNWR rankings are in.

Well, the rankings are out, and the annual "let's figure out what to say in our press release" dilemma begins.  Here's a template for some law schools to consider.

Dear [stakeholder or possible donor]:

We are pleased to tell you that our law school ranking [increased more than we expected] [increased a negligible amount, but we're going to tout the change as if it were huge] [went down far enough that we've called in sick for the foreseeable future] [went down a negligible amount that will provide us with a disproportionate amount of grief for far too long] [stayed the same].

We are, of course, the best school in [the country--if we're Yale] [the region] [the state] [the city] [the part of the city in which we are located].  Our quality is reflected by [our reputational ranking] [our admissions numbers] [our placement rate] [our bar passage rate] [the ability of our marketing people to think creatively].

Even though we're [superb] [excellent] [very good] [really, really decent] [surprised that we're still here], we have committed to doubling our efforts to [track down unemployed alumni on various social media sites so that we can fill in the now-less-easy-to-cheat-on placement statistics] [rethink our curriculum in changing times] [write imaginative press releases that make us look as if we're moving in the right direction] [figure out how to steal budget money from other units on campus].

We thank you for your support, and we look forward to giving you even better news next year.

Of course, it's easier for me to write a post like this one given that we did just fine in the rankings.  But some of the press releases that are pouring in are just too funny to ignore.

One of my former Contracts students found this great link.

If you've missed it, enjoy the contract interpretation of Bilbo's contract here.

Let's take this two-year/three-year law school proposal a step further.

Today's New York Times has an op-ed by Dan Rodriguez and Samuel Estreicher suggesting that the third year of law school could be optional and used for specialization (here).

I'm not opposed to the idea, and others have suggested it (or things like it) before.  For a good post discussing the pros and cons, see here by Deborah Merritt on the new blog, Law School Cafe.

What intrigues me about the proposal is that recognizes that law school shouldn't be a one-size-fits-all option.  I'm enough of a risk-taker to think that, if state bars would grant a limited license to the folks who graduate after two years and a full license to those who take all three, then those graduates who want to minimize their law school costs and have the (very fulfilling) life as a lawyer doing some sorts of things (but not all "lawyer things") could still serve their clients very well.  (Law is, after all, an undergraduate degree in most countries.)  Two-year graduates who want to expand their practices could maybe return to law school for that third year, or take an additional certification exam, or demonstrate additional competence and judgment in some yet-undiscovered way.

The nice thing is that a move to the two-year/three-year model will, by necessity, force law schools to be more deliberate about their curricular choices. 

Yet more on Larry Mitchell's sunny op-ed on why law school is a good idea.

On another blog (Law School Survival Manual), I've spent a bit of time ruminating over just what in Larry Mitchell's op-ed rubbed me the wrong way.  (See here.)  Other folks are saying the same thing, often in better ways (take a gander at the updates to my post for two such examples, and to the postings on Inside the Law School Scam (starting here). 

I guess what frustrates me most is the sense that decanal groupthink is trying to wish away a lot of the problems that face legal education.  There were many, many kudos to the Mitchell op-ed on one of the deans' listservs.  If those kudos had been from the very top law schools, I'd have understood.  Law degrees from Harvard, Yale, Stanford, and other such schools are likely to be exceptionally good investments.  (After all, I benefit greatly from my degree from Stanford.*)

But when good, but not elite, schools are making their case for law school being a good investment, they can't just trot out the "we train you to think!" and "law is a lifetime career!" arguments.  I don't think that the first of those arguments applies just to law schools (pretty much any good education will train someone to think well).  And I don't think that the "law is a lifetime career" theory works when a law graduate can't get a first law job within a reasonable time.  The "you can use a law degree in other careers" argument is true, of course, but just because someone can use a legal education in other fields doesn't mean that spending six figures to get that degree is always a good idea.

I'm as proud of legal education as every other law dean is,** but I want students to enter law school with their eyes open.  (I also want law schools to provide applicants with accurate data so that they can make good choices about whether to attend law school.)

Data + realistic expectations = good choices.
Assertions + wishful thinking = a disaster in the making.



* Although, to be fair, my degree from Rice is nearer and dearer to my heart, but that's probably true of most folks' feelings about their undergraduate degrees.
** Even though I'm just an interim dean.

Why the deanship at the Boyd School of Law is a plum deanship--and why I'm not a candidate.

We have just posted our ad inviting nominations and applications for the deanship here at Boyd Law (see here for ad).  I am having a marvelous time as Interim Dean, and here are some of the reasons why:

1. We really are a collegial place.  I've worked at collegial places before (hello, Ohio State!), and I can still say that, of all of the places I've worked, none has been as overwhelmingly collegial as Boyd Law.  One of my favorite things about our school is that, when someone does something really good, that information gets on our listserv and is invariably seconded (and thirded) with "congratulations!"  That's the sign of a school with a "we're a team" mentality.
2. We really are a productive place.  When I walk down the hallways, I see people working--and working hard.  Folks are excited about what they're doing, and they're happy to talk about their progress on their various projects.  We have a very engaged faculty and staff.
3. The depth and breadth of the talent running the school is spectacular.  I've had the pleasure of working primarily with the administrative assistants in the faculty area for the first five years that I was here, and now I also get to work with the folks in the various administrative suites.  The only bad thing that I can say about them (both the folks in the faculty area and the folks in the administrative suites) is that they're workaholics.  (Getting emails early in the morning and late at night to follow up on things or share ideas is the dead giveaway that they're workaholics.)  They're smart.  They're talented.  They care deeply about the success of the school and of all the people in our school.  I'll miss working with them when I return to the faculty--but, luckily, I'll have the pleasure of still working directly with Nettie Mann and her team.
4. There is laughter here, and it's the good kind of laughter, not the "we're making fun of you" kind of laughter.   When you work with very busy and creative people, there are moments in the day when you can share a good belly-laugh.  That's been true from the moment I arrived here in 2007.  We take our jobs seriously, but we're not stuffy people.
5. Our program's in good shape.  We're fine financially; we enjoy a good reputation in the community; our curriculum is adapting to changing needs.  Whoever gets this deanship will be in the enviable position of working as part of a team on a school that's already very good and is ready to get even better.

So why am I not a candidate?  My not wanting to be a candidate has nothing to do with Boyd Law.  It has everything to do with what's going on with me personally.  I'm in that time of my career where some people who are not even related to me are reading my scholarship and asking me to serve on all sorts of interesting commissions and task forces.  I'm also behind on two books (sorry, Wolters Kluwer!), and I have a lot of projects that I want to undertake during that sweet spot where I'm senior enough to be taken seriously and not so senior that I'm done with my work.

I also want to spend more time with my family.  I know:  that's a hoary old saying, but it's true in this case.  I don't have nearly enough time with my husband and my dad.  I don't have nearly enough time to devote to my ballroom dancing addiction.  I find myself getting forgetful and misplacing more things than usual, and I'm pretty sure that I can attribute that forgetfulness to the stress of being in this office.  The stress is "good" stress, in that I'm happy to serve as interim dean, but it's stress just the same.

So, although it is an immense honor to be our interim dean ("iDean" to some), and although I am really enjoying my time in this office, I will look forward to helping our next "real" dean through a transition period and then returning to my colleagues on the 4th floor.  In the meantime, though, I'm happy to answer any questions that anyone might have about Boyd Law or about the deanship.

Smart, creative servant-leaders--please apply!

A new chapter.

Yesterday afternoon, UNLV's President announced that John White, our law school's dean, would be UNLV's next provost.  We will be doing a dean search this coming year, but in the meantime, I'll be our school's Interim Dean, with the transition happening mid-summer.  Here's what I sent to our community: 

Dear Boyd Community,

I know that we all wish Dean White well in his new position as UNLV's next Executive Vice President and Provost.  He has done many wonderful things for our school:  preserving our financial stability during one of the worst recessions in history, adding talented faculty and staff members to our already strong ranks, and helping to guide us through a rethinking of our first-year curriculum. 

I'm happy to be serving as Interim Dean as we search for our next permanent dean.  We are at a pivotal point in legal education.  Legal practice has changed dramatically, and we are not likely to see a return to the old approaches to practicing law.  Our students will be looking to us to help them find a way to adapt to this "new normal."  We need to continue to provide our students with the right mix of analytical and communication skills, a deep understanding of substantive law, and an ability to use law as one way--but not the only way--to solve complicated problems.  We also need to think creatively about how to adapt our strengths in this changing environment.

This year will be busy for us.  In addition to the dean search, we'll have the ABA site inspection and will embark on our next strategic plan.  For us to be able to make informed decisions, we'll need to do a fair amount of research on legal education and the practice of law.  The good news is that we have a strong and growing alumni base and a significant amount of goodwill in the legal community.  I'm sure that we will be able to tap the knowledge of our friends near and far to help us in our decision-making.

It's an honor for me to serve our school in this capacity.  We have a remarkable school, filled with talented, engaged, and collegial people.  Here's to preserving the best of what we have and finding even more ways to be outstanding.

It is an honor, and I think of Boyd as a very special (strong school and collegial environment) place. 

I loved the blog The Legal Whiteboard even before . . .

Jeff Lipshaw so kindly posted about my latest piece (here).  Thanks, Jeff!

Shameless self-promotion: my most recent article about legal education.

Available at SSRN (here).

Yet another reason why my buddy Bernie Burk is cool (and funny).

See here.

R.I.P. Larry Ribstein.

Saw Brian Leiter's blog this morning (here) and was saddened to hear about Larry's passing.  Not only was he exceptionally smart and creative, but he seemed like a very nice person.  I'll miss reading his work, and my heart goes out to his friends and family.

*SNORK* (the sound of snorting laughter)

See here. Hat tips to Brazen and Tenured and The Faculty Lounge.

Newest "guilty pleasure" blog--update.

See here.  Hat tip to Brian Leiter.

UPDATE:  From my buddy George Connelly:  In my humble opinion, the "feel good" aspects of lower and higher education have created at least 2 generations of students who do not know how to spell, punctuate, or write.  And so long as grade inflation exists in the schools, that will continue.

A very smart bit of advice for college football fans.

See here.  Hat tip to Scott Unger.

Giving kudos (and buying ice cream) for 'fessing up to mistakes.

I've been meaning to post a link to this New York Times story about how to encourage learning from mistakes (here) for a while.  The gist is that it's better to bring mistakes out into the open and treat them as a learning opportunity (by having the mistake-maker buy ice cream for everyone) than it is to yell at the mistake-maker in private.  I love that idea.  It lessens the angst from having made a mistake and acknowledges the mistake in a positive way.

Congrats to my buddy Jennifer Carr!

Jennifer's paper, Providing Effective Feedback, was recently listed on SSRN's Top Ten download list for Law Educator: Courses, Materials & Teaching eJournal.  Yay, Jennifer! 

One of my new heroes.

See here.  Leadership always, always must come by example.  Thanks, Dr. Powell!