Hierarchy maintained: Status and gender issues in legal writing programs

Temple Law Review

Volumn 70, Issue 1, 1997, Pages 117-186

  Arrigo, Maureen J ^a,b,c  

^a CALIFORNIA WESTERN SCHOOL OF LAW   (United States)

^b UNIVERSITY OF SAN DIEGO   (United States)

^c YALE UNIVERSITY   (United States)

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EID: 0242534407     PISSN: 08998086     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (388)

1. ARTHUR S. WILKE, THE HIDDEN PROFESSORIATE - CREDENTIALISM, PROFESSIONALISM, AND THE TENURE CRISIS xii (1979) (writing about job insecurity and glut of potential academics caused by overabundance of Ph.D.s in academia generally and in social sciences in particular).
2. ABA COMM'N ON WOMEN IN THE PROFESSION, ELUSIVE EQUALITY: THE EXPERIENCE OF WOMEN IN LEGAL EDUCATION 4 (1996) [hereinafter ELUSIVE EQUALITY].
3. WILKE, supra note 1, at xii.
4. For convenience, this Article uses the abbreviation "LRW" to refer collectively to courses in legal writing, research, analysis, method, and so forth, and it uses "LRW teacher," "LRW instructor," "LRW professional," or "LRWs" to refer to those who teach these courses.
5. For a brief overview and critique of the various models of LRW instruction in 1979, see Michael Botein, Rewriting First-Year Legal Writing Programs, 30 J. LEGAL EDUC. 184, 188-91 (1979). Professor Botein noted that at least 22 law schools responding to a 1977 survey reported offering no required writing instruction. Id. at 193 n.47.
6. For a brief overview and critique of the various models of LRW instruction in 1979, see Michael Botein, Rewriting First-Year Legal Writing Programs, 30 J. LEGAL EDUC. 184, 188-91 (1979). Professor Botein noted that at least 22 law schools responding to a 1977 survey reported offering no required writing instruction. Id. at 193 n.47.
7. Terry Carter, Women Face Hurdles as Professors, NAT'L L.J. Oct. 24, 1988, at 1.
8. Stanley A. Weigel, Legal Education and the English Language, 10 NOVA L.J. 887 (1986) (arguing for writing composition as condition for bar admission or law school graduation); Domenick L. Gabrielli, The Importance of Research and Legal Writing in the Law School Education, 46 ALB. L. REV. 1, 4 (1981) ("Without doubt, the development of [strong legal research and writing skills] must be given an important position in the law school curriculum."). Judge Gabrielli expressly lavishes especial praise on the law review experience. However, every school limits law review access; thus, if the judge is correct that law schools must teach research and writing, something beyond law review must be available for this purpose.
9. Stanley A. Weigel, Legal Education and the English Language, 10 NOVA L.J. 887 (1986) (arguing for writing composition as condition for bar admission or law school graduation); Domenick L. Gabrielli, The Importance of Research and Legal Writing in the Law School Education, 46 ALB. L. REV. 1, 4 (1981) ("Without doubt, the development of [strong legal research and writing skills] must be given an important position in the law school curriculum."). Judge Gabrielli expressly lavishes especial praise on the law review experience. However, every school limits law review access; thus, if the judge is correct that law schools must teach research and writing, something beyond law review must be available for this purpose.
10. The "MacCrate Report" of the ABA's Task Force on Law Schools and the Profession outlined dozens of skills that should be taught in law schools, including the key foci of LRW classes: (1) identifying and formulating legal issues; (2) researching the law; (3) identifying facts that frame issues; and (4) effectively communicating the results of the research and analysis in writing. ABA TASK FORCE ON LAW SCHOOLS AND THE PROFESSION, NARROWING THE GAP: LEGAL EDUCATION AND PROFESSIONAL DEVELOPMENT: AN EDUCATIONAL CONTINUUM 139, 142, 145-51, 161-64 (Robert MacCrate ed., student ed. 1992).
11. Mark Mathewson, Verbatim: Students Won't Take Legal Writing Courses Seriously Until Professors Start to Teach Legal Writing Courses Seriously, STUDENT LAW., Dec. 1987, at 10. The author laments that legal writing courses are the "neglected orphans or "stepchildren" of the first-year curriculum and that "legal scholars with the necessary talent and desire [to teach the course well] have been frightened away from teaching legal writing by its reputation as the refuge for, as one legal writing teacher eloquently put it, 'scholars manques [sic], whose inability to think deeply about anything that matters has relegated them to the shallow waters of training students for that supposed least of the practitioner's arts the ability to say clearly what he means.'" Id. at 11. Even the students recognized the field was a problem, and as Mathewson concluded: "Indulge your desire to teach legal writing and you could damage your career." Id.
12. Mark Mathewson, Verbatim: Students Won't Take Legal Writing Courses Seriously Until Professors Start to Teach Legal Writing Courses Seriously, STUDENT LAW., Dec. 1987, at 10. The author laments that legal writing courses are the "neglected orphans or "stepchildren" of the first-year curriculum and that "legal scholars with the necessary talent and desire [to teach the course well] have been frightened away from teaching legal writing by its reputation as the refuge for, as one legal writing teacher eloquently put it, 'scholars manques [sic], whose inability to think deeply about anything that matters has relegated them to the shallow waters of training students for that supposed least of the practitioner's arts the ability to say clearly what he means.'" Id. at 11. Even the students recognized the field was a problem, and as Mathewson concluded: "Indulge your desire to teach legal writing and you could damage your career." Id.
13. Mark Mathewson, Verbatim: Students Won't Take Legal Writing Courses Seriously Until Professors Start to Teach Legal Writing Courses Seriously, STUDENT LAW., Dec. 1987, at 10. The author laments that legal writing courses are the "neglected orphans or "stepchildren" of the first-year curriculum and that "legal scholars with the necessary talent and desire [to teach the course well] have been frightened away from teaching legal writing by its reputation as the refuge for, as one legal writing teacher eloquently put it, 'scholars manques [sic], whose inability to think deeply about anything that matters has relegated them to the shallow waters of training students for that supposed least of the practitioner's arts the ability to say clearly what he means.'" Id. at 11. Even the students recognized the field was a problem, and as Mathewson concluded: "Indulge your desire to teach legal writing and you could damage your career." Id.
14. J. Christopher Rideout & Jill J. Ramsfield, Legal Writing: A Revised View, 69 WASH. L. REV. 35, 36 n.2 (1994).
15. Natalie J. Sokoloff, What's Happening to Women's Employment: Issues for Women's Labor Struggles in the 1980-1990s, in HIDDEN ASPECTS OF WOMEN'S WORK 14, 28-31 (Christine Bose et al. eds., 1987).
16. ELUSIVE EQUALITY, supra note 2, at 23. A similar situation exists in academia generally. See Cynthia F. Epstein, Constraints on Excellence: Structural and Cultural Barriers to the Recognition and Demonstration of Achievement, in THE OUTER CIRCLE: WOMEN IN THE SCIENTIFIC COMMUNITY 247, 249 (Harriet Zuckerman et al., eds. 1991) (stating that women in academia hold proportionately two to three times more non-tenure-line research positions than men).
17. ELUSIVE EQUALITY, supra note 2, at 23. A similar situation exists in academia generally. See Cynthia F. Epstein, Constraints on Excellence: Structural and Cultural Barriers to the Recognition and Demonstration of Achievement, in THE OUTER CIRCLE: WOMEN IN THE SCIENTIFIC COMMUNITY 247, 249 (Harriet Zuckerman et al., eds. 1991) (stating that women in academia hold proportionately two to three times more non-tenure-line research positions than men).
18. ELUSIVE EQUALITY, supra note 2, at 1. See also Deborah L. Rhode, Gender and Professional Roles, 63 FORD. L. REV. 39, 58-59 (1994) (noting that women are disproportionately missing from all upper echelons of legal profession - full professorships, deanships, partners in large law firms, and federal judgeships).
19. ELUSIVE EQUALITY, supra note 2, at 1. See also Deborah L. Rhode, Gender and Professional Roles, 63 FORD. L. REV. 39, 58-59 (1994) (noting that women are disproportionately missing from all upper echelons of legal profession - full professorships, deanships, partners in large law firms, and federal judgeships).
20. The reasons for the statistically low representation of females in tenure-track ranks (especially at elite law schools) and their statistically high representation in low status non-tenure-track positions are coming under the scrutiny of social scientists. See, e.g., Deborah J. Merritt et al., Family, Place, and Career: The Gender Paradox in Law School Hiring, 1993 WIS. L. REV. 395 (study controlling for number of variables shows that white men are disproportionately successful at getting hired into tenure-track positions and at getting hired by elite law schools when compared with non-white males and all women, thus raising implication that discrimination may account for some of the discrepancy); see also Barbara F. Reskin & Deborah J. Merritt, Gender, Family Ties, Geographic Mobility, and Career Attainments Among Law School Professionals (unpublished paper presented at Yale Law School Feminist Theory Workshop, Oct. 18, 1996, on file with the author) (exploring similar variables, with focus on women in non-tenure-track positions).
21. The reasons for the statistically low representation of females in tenure-track ranks (especially at elite law schools) and their statistically high representation in low status non-tenure-track positions are coming under the scrutiny of social scientists. See, e.g., Deborah J. Merritt et al., Family, Place, and Career: The Gender Paradox in Law School Hiring, 1993 WIS. L. REV. 395 (study controlling for number of variables shows that white men are disproportionately successful at getting hired into tenure-track positions and at getting hired by elite law schools when compared with non-white males and all women, thus raising implication that discrimination may account for some of the discrepancy); see also Barbara F. Reskin & Deborah J. Merritt, Gender, Family Ties, Geographic Mobility, and Career Attainments Among Law School Professionals (unpublished paper presented at Yale Law School Feminist Theory Workshop, Oct. 18, 1996, on file with the author) (exploring similar variables, with focus on women in non-tenure-track positions).
22. Jill J. Ramsfield & Bryan C. Walton, Survey of Legal Research and Writing Programs, question 16 (1994) (unpublished survey on file with author) [hereinafter "1994 Survey"]. For a full exposition on the three surveys conducted by Ramsfield and her associates (1990, 1992, and 1994), including detailed summaries of answers to each large category of question, copies of the survey forms, and charts and graphs, see Jill J. Ramsfield, Legal Writing in the Twenty-First Century: A Sharper Image, 2 J. LEG. WRIT. INST. 1 (1996).
23. Jill J. Ramsfield & Bryan C. Walton, Survey of Legal Research and Writing Programs, question 16 (1994) (unpublished survey on file with author) [hereinafter "1994 Survey"]. For a full exposition on the three surveys conducted by Ramsfield and her associates (1990, 1992, and 1994), including detailed summaries of answers to each large category of question, copies of the survey forms, and charts and graphs, see Jill J. Ramsfield, Legal Writing in the Twenty-First Century: A Sharper Image, 2 J. LEG. WRIT. INST. 1 (1996).
24. 1994 Survey, supra note 15, at question 60.
25. The 43 law schools indicating that their program contains between 75% and 100% females could all be fully staffed with females. If there are an average of 5 LRW teachers per law school, this would amount to 215 females in female-only positions. Of course, the number is likely higher than this, since there are 178 ABA-accredited law schools, not all of which answered the survey, but all of which have some sort of LRW program.
26. Jill J. Ramsfield & Bryan C. Walton, Survey of Legal Research and Writing Programs, quest. 49 (1992) (unpublished survey on file with the author) [hereinafter "1992 Survey"]. But see Richard H. Chused, The Hiring and Retention of Minorities and Women on American Law School Faculties, 137 U. PA. L. REV. 537, 538-39 (1988). Professor Chused noted that in 1988, 63 of 1249 answering his survey offered "contract" (rather than tenure track) legal writing positions, of which 66% were held by females. Therefore, it may be that women have staffed approxi-mately two-thirds of the LRW programs for at least the past eight years. Alternatively, the varying number may result from different schools having answered Chused's 1988 survey and Ramsfield and Walton's 1992 survey.
27. Jill J. Ramsfield & Bryan C. Walton, Survey of Legal Research and Writing Programs, quest. 49 (1992) (unpublished survey on file with the author) [hereinafter "1992 Survey"]. But see Richard H. Chused, The Hiring and Retention of Minorities and Women on American Law School Faculties, 137 U. PA. L. REV. 537, 538-39 (1988). Professor Chused noted that in 1988, 63 of 1249 answering his survey offered "contract" (rather than tenure track) legal writing positions, of which 66% were held by females. Therefore, it may be that women have staffed approxi-mately two-thirds of the LRW programs for at least the past eight years. Alternatively, the varying number may result from different schools having answered Chused's 1988 survey and Ramsfield and Walton's 1992 survey.
28. See Mark 4:4-8 (parable of the seeds).
29. The analogous field of college composition/rhetoric has suffered from these same difficulties for at least a century. Professor Robert J. Connors of the University of New Hampshire writes: "Rhetoric has changed in a hundred years from an academic desideratum to a grim apprenticeship to be escaped as soon as practicable. Instead of being an esteemed intellectual figure in community and campus, the rhetoric teacher of 1990 is increasingly marginalized, overworked, and ill-paid." Robert J. Connors, Overwork/Underpay: Labor and Status of Composition Teachers Since 1880, 9 RHETORIC REV. 108, 108 (1990). As early as 1929, women were teaching thirty-eight percent of the composition classes in colleges, an enormously higher percentage of women than were teaching any other subject. Id. at 120. By the 1990s, two-thirds of those teaching composition (like those teaching LRW) were female. Susan Miller, The Feminization of Composition, in THE POLITICS OF WRITING INSTRUCTION: POSTSECONDARY 39, 41 (Richard Bullock & John Trimbur eds., 1991).
30. The analogous field of college composition/rhetoric has suffered from these same difficulties for at least a century. Professor Robert J. Connors of the University of New Hampshire writes: "Rhetoric has changed in a hundred years from an academic desideratum to a grim apprenticeship to be escaped as soon as practicable. Instead of being an esteemed intellectual figure in community and campus, the rhetoric teacher of 1990 is increasingly marginalized, overworked, and ill-paid." Robert J. Connors, Overwork/Underpay: Labor and Status of Composition Teachers Since 1880, 9 RHETORIC REV. 108, 108 (1990). As early as 1929, women were teaching thirty-eight percent of the composition classes in colleges, an enormously higher percentage of women than were teaching any other subject. Id. at 120. By the 1990s, two-thirds of those teaching composition (like those teaching LRW) were female. Susan Miller, The Feminization of Composition, in THE POLITICS OF WRITING INSTRUCTION: POSTSECONDARY 39, 41 (Richard Bullock & John Trimbur eds., 1991).
31. The analogous field of college composition/rhetoric has suffered from these same difficulties for at least a century. Professor Robert J. Connors of the University of New Hampshire writes: "Rhetoric has changed in a hundred years from an academic desideratum to a grim apprenticeship to be escaped as soon as practicable. Instead of being an esteemed intellectual figure in community and campus, the rhetoric teacher of 1990 is increasingly marginalized, overworked, and ill-paid." Robert J. Connors, Overwork/Underpay: Labor and Status of Composition Teachers Since 1880, 9 RHETORIC REV. 108, 108 (1990). As early as 1929, women were teaching thirty-eight percent of the composition classes in colleges, an enormously higher percentage of women than were teaching any other subject. Id. at 120. By the 1990s, two-thirds of those teaching composition (like those teaching LRW) were female. Susan Miller, The Feminization of Composition, in THE POLITICS OF WRITING INSTRUCTION: POSTSECONDARY 39, 41 (Richard Bullock & John Trimbur eds., 1991).
32. This Article's main focus is LRW programs staffed by full-time instructors with J.D. degrees-the model taking over the academy. This model does not appear to need apologists. It is being adopted as, one by one, schools realize the pedagogical superiority of employing full time LRW teachers. Rather, I expose the personal and professional disempowerment that can face women who stay too long in one of these positions. Other program structures include staffing with adjuncts (typically local practitioners) or with upperclass law students who are, in turn, supervised by a faculty member who may or may not be a writing specialist. Adjunct and student staffing was popular when legal writing programs first developed. One by one, however, schools are abandoning these older models as they seek to staff their writing courses with J.D.s who will devote more time to the students' needs. Within the last two years, for example, even the University of Michigan, one of the nation's top 10 schools in most surveys, has begun to hire full-time LRW instructors, abandoning a prior student-taught model.
33. I am indebted to Professor Theresa Enos for the term "disciplinary bias," which she uses to describe the disdainful attitude of literature professors toward professors of rhetoric and composition. See generally THERESA ENOS, GENDER ROLES AND FACULTY LIVES IN RHETORIC AND COMPOSITION (1996).
34. "The law was a favourite study of the upper-class Roman citizen . . . ." C.W. PREVITEORTON, 1 THE SHORTER CAMBRIDGE MEDIEVAL HISTORY 26 (1979)
35. The University of Bologna began as a law school, around which two universities aroseone for students from Italy (Cismontane University) and the other for students north of the Alps (Transmontane University). ROBERT S. HOYT & STANLEY CHODOROW, EUROPE IN THE MIDDLE AGES 386-87 (3d ed. 1976).
36. Nor has apprenticeship training wholly ended. Eight states, including Alaska (which has no law school), California, Maine, New York, Vermont, Virginia, Washington, and Wyoming, still allow aspiring attorneys to "read law" under a judge or lawyer and sit for the states' bar examinations. Kathleen O. Beitiks, California Is One of 8 States in the Nation Which Allows Aspiring Lawyers to Study Under Another Attorney, CAL. BAR J., Dec. 1996, at 1.
37. See, e.g.. Agreement of the Bar of New York City Entered into in October of 1756, in PAUL M. HAMLIN, LEGAL EDUCATION IN COLONIAL NEW YORK 160 (1939) ("[N]o Attorney shall take more than one such clerk at a time, nor a second till the Clerkship of the first is within one year of expiring.").
38. MARIAN C. MCKENNA, TAPPING REEVE AND THE LITCHFIELD LAW SCHOOL 107 (1986).
39. MARTIN L. LEVINE, 5 LEGAL CULTURES: LEGAL EDUCATION xiv (1993). The first college to create a chair in law was William and Mary in 1779. Jacob Blecheisen, Legal Education-Pre-law and Post-law, 9 AM. L. SCH. REV. 274, 275 (1939).
40. MARTIN L. LEVINE, 5 LEGAL CULTURES: LEGAL EDUCATION xiv (1993). The first college to create a chair in law was William and Mary in 1779. Jacob Blecheisen, Legal Education-Pre-law and Post-law, 9 AM. L. SCH. REV. 274, 275 (1939).
41. SAMUEL F. HOWARD & JULIUS GOEBEL, JR., A HISTORY OF THE SCHOOL OF LAW: COLUMBIA UNIVERSITY 11, 18 (1955).
42. Frederick C. Hicks, Yale Law School: The Founders and the Founders' Collection, 1 YALE L. LIB. PUBS. 1, 3 (1935).
43. Blecheisen, supra note 28, at 275.
44. See Hicks, supra note 30, at 9-10.
45. It is generally held that the "modern American university" began with the founding of Johns Hopkins and Cornell in the 1870s and Clark, Stanford, and the University of Chicago in the 1880s. John H. Schlegel, Searching for Archimedes - Legal Education, Legal Scholarship, and Liberal Ideology, 34 J. LEGAL EDUC. 103, 104 (1984).
46. Christopher C. Langdell, Harvard Celebration Speeches, 3 L.R.Q. 123, 124 (1887). Around this same time, an astounding number of fields were discovering that they were "sciences" rather than "mere crafts." See, e.g., Ava Baron, An "Other" Side of Gender Antagonism at Work: Men, Boys, and the Remasculination of Printers' Work, 1830-1920, in WORK ENGENDERED: TOWARD A NEW HISTORY OF AMERICAN LABOR 47, 66-67 (Ava Baron ed., 1991) (noting development in 1908 of scientific "Course in Printing" that eliminated apprenticeship training. Instead of teaching students how to print, course designed to inculcate "principles" of printing from which students would ultimately be able to reason out how to print.). For a discussion of this movement in medical education, see PAUL STARR, THE SOCIAL TRANSFORMATION OF AMERICAN MEDICINE 113-15 (1982).
47. Christopher C. Langdell, Harvard Celebration Speeches, 3 L.R.Q. 123, 124 (1887). Around this same time, an astounding number of fields were discovering that they were "sciences" rather than "mere crafts." See, e.g., Ava Baron, An "Other" Side of Gender Antagonism at Work: Men, Boys, and the Remasculination of Printers' Work, 1830-1920, in WORK ENGENDERED: TOWARD A NEW HISTORY OF AMERICAN LABOR 47, 66-67 (Ava Baron ed., 1991) (noting development in 1908 of scientific "Course in Printing" that eliminated apprenticeship training. Instead of teaching students how to print, course designed to inculcate "principles" of printing from which students would ultimately be able to reason out how to print.). For a discussion of this movement in medical education, see PAUL STARR, THE SOCIAL TRANSFORMATION OF AMERICAN MEDICINE 113-15 (1982).
48. Christopher C. Langdell, Harvard Celebration Speeches, 3 L.R.Q. 123, 124 (1887). Around this same time, an astounding number of fields were discovering that they were "sciences" rather than "mere crafts." See, e.g., Ava Baron, An "Other" Side of Gender Antagonism at Work: Men, Boys, and the Remasculination of Printers' Work, 1830-1920, in WORK ENGENDERED: TOWARD A NEW HISTORY OF AMERICAN LABOR 47, 66-67 (Ava Baron ed., 1991) (noting development in 1908 of scientific "Course in Printing" that eliminated apprenticeship training. Instead of teaching students how to print, course designed to inculcate "principles" of printing from which students would ultimately be able to reason out how to print.). For a discussion of this movement in medical education, see PAUL STARR, THE SOCIAL TRANSFORMATION OF AMERICAN MEDICINE 113-15 (1982).
49. See CENTENNIAL HISTORY OF THE HARVARD LAW SCHOOL: 1817-1917, 30 (1918) [hereinafter CENTENNIAL HISTORY].
50. Langdell, supra note 34, at 124.
51. "The chief reason why the class of Ninety-seven has such a high opinion of the Yale Law School is because of the great reputation and ability of its Faculty;" "[s]ome of us chose the Yale Law School because it was near home, but most of us chose it because we thought it the best;" "[I chose Yale] on account of its method of instruction;" "[o]n account of the system of study used and because the course offered more advantages and practical work than the course of any other school." 1897 YALE SHINGLE 68-73 (N. Candee ed.); see also 1900 YALE SHINGLE 53 (Walter L. Bevins ed.) ("Among the questions in regard to matters educational, voted on by the members of the Senior class, was 'What is the strongest point of the Law School?' Twelve of us are united in the belief that of all the good features of the school, the best is the faculty and corps of instructors.").
52. "The chief reason why the class of Ninety-seven has such a high opinion of the Yale Law School is because of the great reputation and ability of its Faculty;" "[s]ome of us chose the Yale Law School because it was near home, but most of us chose it because we thought it the best;" "[I chose Yale] on account of its method of instruction;" "[o]n account of the system of study used and because the course offered more advantages and practical work than the course of any other school." 1897 YALE SHINGLE 68-73 (N. Candee ed.); see also 1900 YALE SHINGLE 53 (Walter L. Bevins ed.) ("Among the questions in regard to matters educational, voted on by the members of the Senior class, was 'What is the strongest point of the Law School?' Twelve of us are united in the belief that of all the good features of the school, the best is the faculty and corps of instructors.").
53. Theodore S. Woolsey, Historical Discourse, in YALE CENTENNIAL CELEBRATION PROGRAM (1924).
54. Frederick C. Hicks, Yale Law School: 1895-1915; Twenty Years of Hendrie Hall, 7 YALE L. LIB. PUBS. 1, 41-45 (1938).
55. Id. at 46.
56. 1893 YALE SHINGLE 76 (John Q. Tilson ed.). The "most pressing need," however, was for a new building. Id. at 75.
57. Simeon E Baldwin, The Study of Elementary Law, the Proper Beginning of a Legal Education, 13 YALE L.J. 1, 2 (1903).
58. Jerome Frank, Why Not a Clinical Lawyer-School?, 81 U. PA. L. REV. 907, 917-20 (1933).
59. David F. Cavers, In Advocacy of the Problem Method, 43 COLUM. L. REV. 449, 449 (1943). Mr. Cavers was well aware that his proposal ran afoul of the academic trend in law schools, and he anticipated that his proposal would be met with the criticism of "trade school stuff." Id. at 449 n.1. He rejoined, however, that "[t]his epithet is a very effective substitute for thought. Despite efforts, I haven't been able to think of a counter-epithet with half its stupefacient effect." Id.
60. David F. Cavers, In Advocacy of the Problem Method, 43 COLUM. L. REV. 449, 449 (1943). Mr. Cavers was well aware that his proposal ran afoul of the academic trend in law schools, and he anticipated that his proposal would be met with the criticism of "trade school stuff." Id. at 449 n.1. He rejoined, however, that "[t]his epithet is a very effective substitute for thought. Despite efforts, I haven't been able to think of a counter-epithet with half its stupefacient effect." Id.
61. David F. Cavers, In Advocacy of the Problem Method, 43 COLUM. L. REV. 449, 449 (1943). Mr. Cavers was well aware that his proposal ran afoul of the academic trend in law schools, and he anticipated that his proposal would be met with the criticism of "trade school stuff." Id. at 449 n.1. He rejoined, however, that "[t]his epithet is a very effective substitute for thought. Despite efforts, I haven't been able to think of a counter-epithet with half its stupefacient effect." Id.
62. Again, this elitism ran through other disciplines as well as professions and trades. Compare STARR, supra note 34, at 124 (1910 Carnegie Foundation report on medical education "denied . . . that the 'poor boy' had any right to enter medicine 'unless it is best for society that he should'") with Baron, supra note 34, at 62 (printers union opposed having "lower-class boys" assigned to printing training schools because they were "not fit" for it).
63. See, e.g., JOEL SELIGMAN, THE HIGH CITADEL: THE INFLUENCE OF HARVARD LAW SCHOOL 38 (1978) (noting that to transform Harvard Law into graduate school, Langdell made admissions contingent on college degree and entrance exam).
64. Alfred F. Konefsky & John H. Schlegel, Mirror, Mirror on the Wall: Histories of American Law Schools, 95 HARV. L. REV. 833, 844 (1982).
65. HOWARD & GOEBEL, supra note 29, at 76 (quoting diary of George T. Strong, Dec. 1, 1874). This apparently referred to immigrants in general, and to Jews in particular.
66. James A. Wooten, Law School Rights: The Establishment of New York Law School, 1891-1897, 36 N.Y.L. SCH. L. REV. 337, 348-49, 350-51 (1991).
67. Michael Rustad & Thomas Koenig, The Impact of History on Contemporary Prestige Images of Boston's Law Schools, 24 SUFFOLK U. L. REV. 621, 628-31 (1990) ("Irish to a man, they were no strangers to the fight against exclusiveness and privilege.").
68. Id. at 628-29. Within 20 years of its founding, Suffolk had become the world's largest evening law school. Id. at 633.
69. Id. at 628-29. Within 20 years of its founding, Suffolk had become the world's largest evening law school. Id. at 633.
70. By 1924, a former Dean of Columbia lamented about the two-tiered system of legal education: One type is represented by a relatively small group of university law schools having high entrance requirements and exacting educational standards; the remaining 120 or more schools constitute a distinct class with low admission requirements, low educational standards and on the whole low professional ideals. Most of them give their courses at night or on a part time basis, their students' principal time and energies being devoted to activities other than the study or practice of law. Harlan F. Stone, The Future of Legal Education, 10 A.B.A. J. 233, 233 (1924).
71. For an interesting discussion of the debate, see Graham C. Lilly, Law Schools Without Lawyers? Winds of Change in Legal Education, 81 VA. L. REV. 1421 (1995).
72. See id. Professor Lilly suggests there are at least three distinct approaches to legal training: (1) clinical; (2) doctrinal; and (3) theoretical. Id. at 1429-31. The theoretical approach is the rarest, found at the most elite law schools. Id. at 1434. Doctrinal teachers tend to feel superior to clinicians; theorists feel superior to all. Id. at 1437. Professor Lilly believes the elite theoretical schools will ultimately sever their ties to the practicing bar entirely. Id. at 1458-64.
73. See id. Professor Lilly suggests there are at least three distinct approaches to legal training: (1) clinical; (2) doctrinal; and (3) theoretical. Id. at 1429-31. The theoretical approach is the rarest, found at the most elite law schools. Id. at 1434. Doctrinal teachers tend to feel superior to clinicians; theorists feel superior to all. Id. at 1437. Professor Lilly believes the elite theoretical schools will ultimately sever their ties to the practicing bar entirely. Id. at 1458-64.
74. See id. Professor Lilly suggests there are at least three distinct approaches to legal training: (1) clinical; (2) doctrinal; and (3) theoretical. Id. at 1429-31. The theoretical approach is the rarest, found at the most elite law schools. Id. at 1434. Doctrinal teachers tend to feel superior to clinicians; theorists feel superior to all. Id. at 1437. Professor Lilly believes the elite theoretical schools will ultimately sever their ties to the practicing bar entirely. Id. at 1458-64.
75. See id. Professor Lilly suggests there are at least three distinct approaches to legal training: (1) clinical; (2) doctrinal; and (3) theoretical. Id. at 1429-31. The theoretical approach is the rarest, found at the most elite law schools. Id. at 1434. Doctrinal teachers tend to feel superior to clinicians; theorists feel superior to all. Id. at 1437. Professor Lilly believes the elite theoretical schools will ultimately sever their ties to the practicing bar entirely. Id. at 1458-64.
76. See id. Professor Lilly suggests there are at least three distinct approaches to legal training: (1) clinical; (2) doctrinal; and (3) theoretical. Id. at 1429-31. The theoretical approach is the rarest, found at the most elite law schools. Id. at 1434. Doctrinal teachers tend to feel superior to clinicians; theorists feel superior to all. Id. at 1437. Professor Lilly believes the elite theoretical schools will ultimately sever their ties to the practicing bar entirely. Id. at 1458-64.
77. See, e.g., John J. Costonis, The MacCrate Report: Of Loaves, Fishes, and the Future of American Legal Education, 43 J. LEGAL EDUC. 157 (1993). Modern medical schools rely heavily on clinical education. Aspiring doctors work in hospitals with medical practitioners treating patients with real illnesses. Id. at 159 (describing medical "rounds" as clinical training that incorporates "intensive mentoring and the fusion of teaching and patient care" and contributes to students' "emerging sense of professional identity and of professional values"). Yet doctors, like lawyers, originally trained as apprentices, and not in professional schools. For an engaging look at the evolution of medical education, see STARR, supra note 34, at 37-47.
78. See, e.g., John J. Costonis, The MacCrate Report: Of Loaves, Fishes, and the Future of American Legal Education, 43 J. LEGAL EDUC. 157 (1993). Modern medical schools rely heavily on clinical education. Aspiring doctors work in hospitals with medical practitioners treating patients with real illnesses. Id. at 159 (describing medical "rounds" as clinical training that incorporates "intensive mentoring and the fusion of teaching and patient care" and contributes to students' "emerging sense of professional identity and of professional values"). Yet doctors, like lawyers, originally trained as apprentices, and not in professional schools. For an engaging look at the evolution of medical education, see STARR, supra note 34, at 37-47.
79. For a discussion of legal education's resistance to clinical legal education, see Ralph S. Tyler & Robert S. Catz, The Contradictions of Clinical Legal Education, 29 CLEV. ST. L. REV. 693, 697-98 (1980), in which the authors note that most law schools are "anxious to preserve their hard earned academic legitimacy," id. at 698, and that simulated clinical experiences, rather than live-client clinics, may help the schools control the pedagogical soundness of clinical legal education. Id. at 709.
80. For a discussion of legal education's resistance to clinical legal education, see Ralph S. Tyler & Robert S. Catz, The Contradictions of Clinical Legal Education, 29 CLEV. ST. L. REV. 693, 697-98 (1980), in which the authors note that most law schools are "anxious to preserve their hard earned academic legitimacy," id. at 698, and that simulated clinical experiences, rather than live-client clinics, may help the schools control the pedagogical soundness of clinical legal education. Id. at 709.
81. For a discussion of legal education's resistance to clinical legal education, see Ralph S. Tyler & Robert S. Catz, The Contradictions of Clinical Legal Education, 29 CLEV. ST. L. REV. 693, 697-98 (1980), in which the authors note that most law schools are "anxious to preserve their hard earned academic legitimacy," id. at 698, and that simulated clinical experiences, rather than live-client clinics, may help the schools control the pedagogical soundness of clinical legal education. Id. at 709.
82. Lilly, supra note 53, at 1453. Professor Lilly notes that the percentage of faculty from the top five to seven "feeder" schools is increasing. Id. Adjusted for the size of its graduating classes, Yale supplies the largest percentage of this country's law professors. Id. at 1457 (citation omitted).
83. Ralph W. Aigler, Legal Education and the Association of American Law Schools, 5 TEX. L. REV. 111, 113 (1927).
84. Roy Moreland, Legal Writing and Research in the Smaller Law Schools, 7 J. LEGAL EDUC. 49, 51 (1954). Professor Moreland goes on to point out a second problem with offering professional writing instruction: [T]he unwillingness of law teachers to do the "paper work" so vital to most types of legal education which depart from the case system. Law teachers have resisted strenuously any tendency to move them into the well-known position of Freshman English instructors, who are forced by circumstances to become drudges to "paper work." Indeed, law teachers have resisted so strongly the grading and correcting of papers that they have continued to give but a single examination at the end of courses, when they well know, that there are numerous objections to, and few arguments for, such a procedure! Id. (emphasis added).
85. Roy Moreland, Legal Writing and Research in the Smaller Law Schools, 7 J. LEGAL EDUC. 49, 51 (1954). Professor Moreland goes on to point out a second problem with offering professional writing instruction: [T]he unwillingness of law teachers to do the "paper work" so vital to most types of legal education which depart from the case system. Law teachers have resisted strenuously any tendency to move them into the well-known position of Freshman English instructors, who are forced by circumstances to become drudges to "paper work." Indeed, law teachers have resisted so strongly the grading and correcting of papers that they have continued to give but a single examination at the end of courses, when they well know, that there are numerous objections to, and few arguments for, such a procedure! Id. (emphasis added).
86. Perhaps it would be more accurate to say "modern" historical perspective. The key components of a legal writing course are training and practice in logical analysis and persuasive argumentation (and, of course, grammar if needed). These subjects - the classical trivium of grammar, rhetoric, and dialectic - were the cornerstones of education in Greece, Rome, and Western Europe for hundreds of years. See Gordon Less, The Trivium and the Three Philosophies, in 1 A HISTORY OF THE UNIVERSITY IN EUROPE: UNIVERSITIES IN THE MIDDLE AGES 310-15 (Hilde De Ridder-Symoens ed., 1992). Less argues that "[b]y the sixth century . . . rhetoric was the dominant subject in the arts, studied as a preparation for a career in law and public life . . . . [G]rammar was regarded as 'the' preliminary study [giving] knowledge of the forms of language on which other arts of expression depended." Id. at 312. See also Jean D. Moss, Dialectics, in ENCYCLOPEDIA OF RHETORIC AND COMPOSITION: COMMUNICATION FROM ANCIENT TIMES TO THE INFORMATION AGE 183-90 (Theresa Enos ed., 1996); James F. Stratman, Legal Rhetoric, in ENCYCLOPEDIA OF RHETORIC AND COMPOSITION: COMMUNICATION FROM ANCIENT TIMES TO THE INFORMATION AGE 383-85 (Theresa Enos ed., 1996).
87. Perhaps it would be more accurate to say "modern" historical perspective. The key components of a legal writing course are training and practice in logical analysis and persuasive argumentation (and, of course, grammar if needed). These subjects - the classical trivium of grammar, rhetoric, and dialectic - were the cornerstones of education in Greece, Rome, and Western Europe for hundreds of years. See Gordon Less, The Trivium and the Three Philosophies, in 1 A HISTORY OF THE UNIVERSITY IN EUROPE: UNIVERSITIES IN THE MIDDLE AGES 310-15 (Hilde De Ridder-Symoens ed., 1992). Less argues that "[b]y the sixth century . . . rhetoric was the dominant subject in the arts, studied as a preparation for a career in law and public life . . . . [G]rammar was regarded as 'the' preliminary study [giving] knowledge of the forms of language on which other arts of expression depended." Id. at 312. See also Jean D. Moss, Dialectics, in ENCYCLOPEDIA OF RHETORIC AND COMPOSITION: COMMUNICATION FROM ANCIENT TIMES TO THE INFORMATION AGE 183-90 (Theresa Enos ed., 1996); James F. Stratman, Legal Rhetoric, in ENCYCLOPEDIA OF RHETORIC AND COMPOSITION: COMMUNICATION FROM ANCIENT TIMES TO THE INFORMATION AGE 383-85 (Theresa Enos ed., 1996).
88. Perhaps it would be more accurate to say "modern" historical perspective. The key components of a legal writing course are training and practice in logical analysis and persuasive argumentation (and, of course, grammar if needed). These subjects - the classical trivium of grammar, rhetoric, and dialectic - were the cornerstones of education in Greece, Rome, and Western Europe for hundreds of years. See Gordon Less, The Trivium and the Three Philosophies, in 1 A HISTORY OF THE UNIVERSITY IN EUROPE: UNIVERSITIES IN THE MIDDLE AGES 310-15 (Hilde De Ridder-Symoens ed., 1992). Less argues that "[b]y the sixth century . . . rhetoric was the dominant subject in the arts, studied as a preparation for a career in law and public life . . . . [G]rammar was regarded as 'the' preliminary study [giving] knowledge of the forms of language on which other arts of expression depended." Id. at 312. See also Jean D. Moss, Dialectics, in ENCYCLOPEDIA OF RHETORIC AND COMPOSITION: COMMUNICATION FROM ANCIENT TIMES TO THE INFORMATION AGE 183-90 (Theresa Enos ed., 1996); James F. Stratman, Legal Rhetoric, in ENCYCLOPEDIA OF RHETORIC AND COMPOSITION: COMMUNICATION FROM ANCIENT TIMES TO THE INFORMATION AGE 383-85 (Theresa Enos ed., 1996).
89. Perhaps it would be more accurate to say "modern" historical perspective. The key components of a legal writing course are training and practice in logical analysis and persuasive argumentation (and, of course, grammar if needed). These subjects - the classical trivium of grammar, rhetoric, and dialectic - were the cornerstones of education in Greece, Rome, and Western Europe for hundreds of years. See Gordon Less, The Trivium and the Three Philosophies, in 1 A HISTORY OF THE UNIVERSITY IN EUROPE: UNIVERSITIES IN THE MIDDLE AGES 310-15 (Hilde De Ridder-Symoens ed., 1992). Less argues that "[b]y the sixth century . . . rhetoric was the dominant subject in the arts, studied as a preparation for a career in law and public life . . . . [G]rammar was regarded as 'the' preliminary study [giving] knowledge of the forms of language on which other arts of expression depended." Id. at 312. See also Jean D. Moss, Dialectics, in ENCYCLOPEDIA OF RHETORIC AND COMPOSITION: COMMUNICATION FROM ANCIENT TIMES TO THE INFORMATION AGE 183-90 (Theresa Enos ed., 1996); James F. Stratman, Legal Rhetoric, in ENCYCLOPEDIA OF RHETORIC AND COMPOSITION: COMMUNICATION FROM ANCIENT TIMES TO THE INFORMATION AGE 383-85 (Theresa Enos ed., 1996).
90. Alfred F. Mason, Brief-Making in Law Schools, 1 AM. L. SCH. REV. 294 (1905). Since Mr. Mason was a lecturer on legal bibliography, it comes as no surprise that he would favor "systematic instruction as to where and how [students can] find what they need [in law books]." Id. at 295.
91. Alfred F. Mason, Brief-Making in Law Schools, 1 AM. L. SCH. REV. 294 (1905). Since Mr. Mason was a lecturer on legal bibliography, it comes as no surprise that he would favor "systematic instruction as to where and how [students can] find what they need [in law books]." Id. at 295.
92. William L. Prosser, English as She Is Wrote, 7 J. LEGAL EDUC. 155, 162 (1954) (republication of Prosser's essay originally appearing in 28 ENG. J. 38 (1939)).
93. William L. Prosser, English as She Is Wrote, 7 J. LEGAL EDUC. 155, 162 (1954) (republication of Prosser's essay originally appearing in 28 ENG. J. 38 (1939)).
94. Id. at 162.
95. Max Rheinstein, Education for Legal Craftsmanship, 30 IOWA L. REV. 400, 421 (1945) (emphasis added). Three years later, in the first volume of the Journal of Legal Education, Chicago's special writing program, the Bigelow Fellows Program, was described in detail. See Harry Kelven, Jr., Law School Training in Research and Exposition: The University of Chicago Program, 1 J. LEGAL EDUC. 107 (1948).
96. Max Rheinstein, Education for Legal Craftsmanship, 30 IOWA L. REV. 400, 421 (1945) (emphasis added). Three years later, in the first volume of the Journal of Legal Education, Chicago's special writing program, the Bigelow Fellows Program, was described in detail. See Harry Kelven, Jr., Law School Training in Research and Exposition: The University of Chicago Program, 1 J. LEGAL EDUC. 107 (1948).
97. Jerome J. Shestack, Legal Research and Writing: The Northwestern University Program, 3 J. LEGAL EDUC. 126, 127 (1950).
98. In support of the proposition that students need individualized contact for effective writing instruction, see Stewart Macaulay & Henry G. Manne, A Low-Cost Legal Writing Program-The Wisconsin Experience, 11 J. LEGAL EDUC 387. 387 (1959).
99. Id.
100. Id.
101. William R. Roalfe & William P. Higman, Legal Writing and Research at Northwestern University, 9 J. LEGAL EDUC. 81, 90 (1956). Professor Roalfe was the law school's librarian; Mr. Higman was a teaching associate during 1955-1956.
102. Id. As will be discussed more fully, infra Part IV.B, legal writing teachers continue to serve as student "orientation specialists," and can be required to spend a considerable amount of energy helping students with a variety of issues unrelated to legal writing.
103. Daniel R. Mandelker, Legal Writing - The Drake Program, 3 J. LEGAL EDUC. 583 (1951). Drake offered a two-credit course to second-year students (its first-year students having already been exposed to legal bibliography and appellate arguments). The writing course focused on case synthesis and objective analytical exposition. Faculty came to realize that teaching writing was a challenge: writing skills were hard to teach; achievement hard to measure; objectives hard to set. Id. at 583-84. Today, Drake no longer uses regular faculty to teach writing. Like most law schools, it employs full-time, non-tenure-track LRW instructors. E-Mail message to the author from Drake Legal Writing Program Director, Dec. 10, 1996.
104. Daniel R. Mandelker, Legal Writing - The Drake Program, 3 J. LEGAL EDUC. 583 (1951). Drake offered a two-credit course to second-year students (its first-year students having already been exposed to legal bibliography and appellate arguments). The writing course focused on case synthesis and objective analytical exposition. Faculty came to realize that teaching writing was a challenge: writing skills were hard to teach; achievement hard to measure; objectives hard to set. Id. at 583-84. Today, Drake no longer uses regular faculty to teach writing. Like most law schools, it employs full-time, non-tenure-track LRW instructors. E-Mail message to the author from Drake Legal Writing Program Director, Dec. 10, 1996.
105. So high was student resistance that Mr. Mandeleker recommended having legal practitioners come to class to inform the students to "shock students into a better attitude." Mandelker, supra note 71, at 583-84.
106. Donald Kepner, The Rutgers Legal Method Program, 5 J. LEGAL EDUC. 99, 99 (1952).
107. Id. at 102.
108. Id. at 103.
109. See Harold Horowitz, Legal Research and Writing at the University of Southern California - A Three Year Program, 4 J. LEGAL EDUC. 95 (1952). To keep the program suitably limited, it was restricted to five units of credit, spread across three years. Great concern was expressed that the projects not take up too much faculty work time. Therefore, upperclass students were used to give oral feedback to first-year students on their large memorandum projects. No instruction was given in brief writing, since it was felt that the student-run moot court program could handle that aspect of the students' education. Finally, the "third year" legal writing course was "not a 'course' in the strict sense, since no organized class activity is contemplated." Id. at 99. Indeed, the third-year writing course apparently was simply independently supervised scholarly writing. No doubt some faculty supervised more closely than others, though the article offered no description of anyone's version of supervision. But the school did congratulate itself on the fact that "[t]his integrated program of research and writing at Southern California does not give undue importance to the place of such material in the curriculum. " Id. Evidently, the course was "kept in its place." Until, that is, it lost its place entirely. In 1980, Mary Ellen Gale, by then the writing program director at the University of Southern California, evaluated the state of legal writing programs and noted that even programs that begin with enthusiasm can "disappear, unceremoniously abandoned by the faculty." Mary E. Gale, Legal Writing: The Impossible Takes a Little Longer, 44 ALB. L. REV. 298, 318, n.68 (1980). Concerning the writing program that existed before her directorship, Gale wrote: When Professor Harold Horowitz described the University of Southern California's three-year legal writing program in 1951, he wrote as though it all (first year - learning legal bibliography and writing legal memos; second year - drafting contracts or leases, or writing briefs; third year - researching and writing individual projects equivalent to law review notes, each under close faculty supervision) were here to stay. It wasn't. . . . By 1976 all that was left was a first-year course, taught by a former assistant law librarian, and dispiritedly entitled Basic Research Techniques. Id.
110. See Harold Horowitz, Legal Research and Writing at the University of Southern California - A Three Year Program, 4 J. LEGAL EDUC. 95 (1952). To keep the program suitably limited, it was restricted to five units of credit, spread across three years. Great concern was expressed that the projects not take up too much faculty work time. Therefore, upperclass students were used to give oral feedback to first-year students on their large memorandum projects. No instruction was given in brief writing, since it was felt that the student-run moot court program could handle that aspect of the students' education. Finally, the "third year" legal writing course was "not a 'course' in the strict sense, since no organized class activity is contemplated." Id. at 99. Indeed, the third-year writing course apparently was simply independently supervised scholarly writing. No doubt some faculty supervised more closely than others, though the article offered no description of anyone's version of supervision. But the school did congratulate itself on the fact that "[t]his integrated program of research and writing at Southern California does not give undue importance to the place of such material in the curriculum. " Id. Evidently, the course was "kept in its place." Until, that is, it lost its place entirely. In 1980, Mary Ellen Gale, by then the writing program director at the University of Southern California, evaluated the state of legal writing programs and noted that even programs that begin with enthusiasm can "disappear, unceremoniously abandoned by the faculty." Mary E. Gale, Legal Writing: The Impossible Takes a Little Longer, 44 ALB. L. REV. 298, 318, n.68 (1980). Concerning the writing program that existed before her directorship, Gale wrote: When Professor Harold Horowitz described the University of Southern California's three-year legal writing program in 1951, he wrote as though it all (first year - learning legal bibliography and writing legal memos; second year - drafting contracts or leases, or writing briefs; third year - researching and writing individual projects equivalent to law review notes, each under close faculty supervision) were here to stay. It wasn't. . . . By 1976 all that was left was a first-year course, taught by a former assistant law librarian, and dispiritedly entitled Basic Research Techniques. Id.
111. See Harold Horowitz, Legal Research and Writing at the University of Southern California - A Three Year Program, 4 J. LEGAL EDUC. 95 (1952). To keep the program suitably limited, it was restricted to five units of credit, spread across three years. Great concern was expressed that the projects not take up too much faculty work time. Therefore, upperclass students were used to give oral feedback to first-year students on their large memorandum projects. No instruction was given in brief writing, since it was felt that the student-run moot court program could handle that aspect of the students' education. Finally, the "third year" legal writing course was "not a 'course' in the strict sense, since no organized class activity is contemplated." Id. at 99. Indeed, the third-year writing course apparently was simply independently supervised scholarly writing. No doubt some faculty supervised more closely than others, though the article offered no description of anyone's version of supervision. But the school did congratulate itself on the fact that "[t]his integrated program of research and writing at Southern California does not give undue importance to the place of such material in the curriculum. " Id. Evidently, the course was "kept in its place." Until, that is, it lost its place entirely. In 1980, Mary Ellen Gale, by then the writing program director at the University of Southern California, evaluated the state of legal writing programs and noted that even programs that begin with enthusiasm can "disappear, unceremoniously abandoned by the faculty." Mary E. Gale, Legal Writing: The Impossible Takes a Little Longer, 44 ALB. L. REV. 298, 318, n.68 (1980). Concerning the writing program that existed before her directorship, Gale wrote: When Professor Harold Horowitz described the University of Southern California's three-year legal writing program in 1951, he wrote as though it all (first year - learning legal bibliography and writing legal memos; second year - drafting contracts or leases, or writing briefs; third year - researching and writing individual projects equivalent to law review notes, each under close faculty supervision) were here to stay. It wasn't. . . . By 1976 all that was left was a first-year course, taught by a former assistant law librarian, and dispiritedly entitled Basic Research Techniques. Id.
112. See Harold Horowitz, Legal Research and Writing at the University of Southern California - A Three Year Program, 4 J. LEGAL EDUC. 95 (1952). To keep the program suitably limited, it was restricted to five units of credit, spread across three years. Great concern was expressed that the projects not take up too much faculty work time. Therefore, upperclass students were used to give oral feedback to first-year students on their large memorandum projects. No instruction was given in brief writing, since it was felt that the student-run moot court program could handle that aspect of the students' education. Finally, the "third year" legal writing course was "not a 'course' in the strict sense, since no organized class activity is contemplated." Id. at 99. Indeed, the third-year writing course apparently was simply independently supervised scholarly writing. No doubt some faculty supervised more closely than others, though the article offered no description of anyone's version of supervision. But the school did congratulate itself on the fact that "[t]his integrated program of research and writing at Southern California does not give undue importance to the place of such material in the curriculum. " Id. Evidently, the course was "kept in its place." Until, that is, it lost its place entirely. In 1980, Mary Ellen Gale, by then the writing program director at the University of Southern California, evaluated the state of legal writing programs and noted that even programs that begin with enthusiasm can "disappear, unceremoniously abandoned by the faculty." Mary E. Gale, Legal Writing: The Impossible Takes a Little Longer, 44 ALB. L. REV. 298, 318, n.68 (1980). Concerning the writing program that existed before her directorship, Gale wrote: When Professor Harold Horowitz described the University of Southern California's three-year legal writing program in 1951, he wrote as though it all (first year - learning legal bibliography and writing legal memos; second year - drafting contracts or leases, or writing briefs; third year - researching and writing individual projects equivalent to law review notes, each under close faculty supervision) were here to stay. It wasn't. . . . By 1976 all that was left was a first-year course, taught by a former assistant law librarian, and dispiritedly entitled Basic Research Techniques. Id.
113. See Harold Horowitz, Legal Research and Writing at the University of Southern California - A Three Year Program, 4 J. LEGAL EDUC. 95 (1952). To keep the program suitably limited, it was restricted to five units of credit, spread across three years. Great concern was expressed that the projects not take up too much faculty work time. Therefore, upperclass students were used to give oral feedback to first-year students on their large memorandum projects. No instruction was given in brief writing, since it was felt that the student-run moot court program could handle that aspect of the students' education. Finally, the "third year" legal writing course was "not a 'course' in the
114. Mortimer Schwartz, Legal Method at Montana, 6 J. LEGAL EDUC. 102 (1953). Montana's program sought to use legal method to introduce students to library work, writing, and ethics, as well as orient them to law. Named "Orientation, Ethics and Bibliography," the course ran for two hours per week for two semesters and was actually "three separate courses." One facet of the course that came as a pleasant surprise to its instructors was the students' tendency to use the instructors as "mother confessors" for counsel and guidance on their law school careers, even though formal counseling was available elsewhere in the school. Id. at 102-03. This experience is typical for LRW teachers. See infra notes 187-205 and accompanying text for a discussion of the counseling role allocated to writing teachers.
115. Mortimer Schwartz, Legal Method at Montana, 6 J. LEGAL EDUC. 102 (1953). Montana's program sought to use legal method to introduce students to library work, writing, and ethics, as well as orient them to law. Named "Orientation, Ethics and Bibliography," the course ran for two hours per week for two semesters and was actually "three separate courses." One facet of the course that came as a pleasant surprise to its instructors was the students' tendency to use the instructors as "mother confessors" for counsel and guidance on their law school careers, even though formal counseling was available elsewhere in the school. Id. at 102-03. This experience is typical for LRW teachers. See infra notes 187-205 and accompanying text for a discussion of the counseling role allocated to writing teachers.
116. Louis C. James, Legal Writing at Stetson, 7 J. LEGAL EDUC. 413 (1955). Another approach to legal writing was implemented at Stetson Law School - Stetson's approach was to offer the upper division writing elective, a three unit course limited to 10 students per term. Even with only 10 students, the class format was largely lecture rather than tutorial, as individual tutoring was deemed to place "too great a burden on the faculty." Id. at 104-07.
117. Louis C. James, Legal Writing at Stetson, 7 J. LEGAL EDUC. 413 (1955). Another approach to legal writing was implemented at Stetson Law School - Stetson's approach was to offer the upper division writing elective, a three unit course limited to 10 students per term. Even with only 10 students, the class format was largely lecture rather than tutorial, as individual tutoring was deemed to place "too great a burden on the faculty." Id. at 104-07.
118. For examples of such programs, including discussion of the need for writing instruction as well as the need to keep costs to a minimum, see Stewart Macaulay & Henry G. Manne, A Low-Cost Legal Writing Program - The Wisconsin Experience, 11 J. LEGAL EDUC. 387 (1959); Moreland, supra note 59, at 51.
119. Macaulay & Manne, supra note 79. By the time Wisconsin began to realize it needed a writing program, journal articles had described programs running the following schools: Columbia, Drake, Harvard, NYU, Northwestern, Rutgers, Stanford, Stetson, University of California, Berkeley, Chicago, Illinois, Indiana, Kentucky, Michigan, Pennsylvania, Southern California, Western Reserve, and Yale. See id. at 387-88, and sources cited therein. The authors did not necessarily believe that student-taught programs were pedagogically ideal. Better pedagogy would have included all faculty members devoting a major portion of their time to teaching writing, research, and analytical skills to each student individually. However, as the authors pointed out, "this would be a more time-consuming program than most faculties would tolerate." Id. at 388. Graduate teaching assistants were thus seen as a good cheap alternative, given the faculty's unwillingness to undertake the work.
120. Macaulay & Manne, supra note 79. By the time Wisconsin began to realize it needed a writing program, journal articles had described programs running the following schools: Columbia, Drake, Harvard, NYU, Northwestern, Rutgers, Stanford, Stetson, University of California, Berkeley, Chicago, Illinois, Indiana, Kentucky, Michigan, Pennsylvania, Southern California, Western Reserve, and Yale. See id. at 387-88, and sources cited therein. The authors did not necessarily believe that student-taught programs were pedagogically ideal. Better pedagogy would have included all faculty members devoting a major portion of their time to teaching writing, research, and analytical skills to each student individually. However, as the authors pointed out, "this would be a more time-consuming program than most faculties would tolerate." Id. at 388. Graduate teaching assistants were thus seen as a good cheap alternative, given the faculty's unwillingness to undertake the work.
121. At Wisconsin, the student writing instructor met with his or her group of students in a seminar format. With only seven to ten students, the interaction level would have been high. As needed, writing instructors also met with students in individual sessions, although these were not mandatary and, since they were time consuming, apparently were not especially encouraged. Id. at 396-98.
122. Allen Boyer, Legal Writing Programs Reviewed: Merits, Flaws, Costs, and Essentials, 62 CHI.-KENT L. REV. 23 (1985).
123. See id.
124. Id. at 23.
125. Id. at 24.
126. As noted above, adjuncts might, in some situations, be cheaper than students. See supra notes 79-81 and accompanying text for a brief description of difficulties with student-taught and adjunct-taught programs.
127. Boyer, supra note 82, at 49.
128. In fact, Wisconsin has abandoned the use of student instructors in favor of adjuncts because, with Wisconsin graduate students now unionized, they command a higher wage than do adjuncts. See Internet Message from Aviva M. Kaiser, Clinical Assistant Professor of Legal Writing, University of Wisconsin School of Law, posted on Internet mailing list, dircon95, Dec. 6, 1996.
129. They used to be required to have them. In 1894, students applying to Columbia law school were required to pass an examination proving their competency in "English Grammar, Rhetoric, and the principles of composition." HOWARD & GOEBEL, supra note 29, at 77. Students also had to pass examinations in Greek and Roman history, history of England and the United States, Caesar's Gallic War, six books of Virgil's Aeneid, and six orations of Cicero. Enrollment declined! Id.
130. Willard Pedrick, Should Permanent Faculty Teach First-Year Legal Writing? A Debate - No, 32 J. LEGAL EDUC. 413, 414 (1982).
131. Id. Accord Michael Botein, Rewriting First-Year Legal Writing Programs, 30 J. LEGAL EDUC. 184, 187 (1979). Botein suggested that basic English composition "is a waste of limited resources" and recommended that graduate students or high school teachers should be used for remedial purposes if student lacked fundamental skills that ought to be possessed by college graduates. He later admitted, however, to the problems involved with using non-lawyers, including the perception that "too many graduate English students . . . sacrifice writing for flair," so that qualified English professionals might be hard to come by, and the anticipated disgruntlement of law students toward being taught by non-lawyers. Botein concluded by recommending some type of program totally handled by law students since this would be cheap and, most importantly, it would "lift all menial chores from the faculty." Id. at 195.
132. Id. Accord Michael Botein, Rewriting First-Year Legal Writing Programs, 30 J. LEGAL EDUC. 184, 187 (1979). Botein suggested that basic English composition "is a waste of limited resources" and recommended that graduate students or high school teachers should be used for remedial purposes if student lacked fundamental skills that ought to be possessed by college graduates. He later admitted, however, to the problems involved with using non-lawyers, including the perception that "too many graduate English students . . . sacrifice writing for flair," so that qualified English professionals might be hard to come by, and the anticipated disgruntlement of law students toward being taught by non-lawyers. Botein concluded by recommending some type of program totally handled by law students since this would be cheap and, most importantly, it would "lift all menial chores from the faculty." Id. at 195.
133. Id. Accord Michael Botein, Rewriting First-Year Legal Writing Programs, 30 J. LEGAL EDUC. 184, 187 (1979). Botein suggested that basic English composition "is a waste of limited resources" and recommended that graduate students or high school teachers should be used for remedial purposes if student lacked fundamental skills that ought to be possessed by college graduates. He later admitted, however, to the problems involved with using non-lawyers, including the perception that "too many graduate English students . . . sacrifice writing for flair," so that qualified English professionals might be hard to come by, and the anticipated disgruntlement of law students toward being taught by non-lawyers. Botein concluded by recommending some type of program totally handled by law students since this would be cheap and, most importantly, it would "lift all menial chores from the faculty." Id. at 195.
134. Stanley A. Weigel, Legal Education and the English Language, 10 NOVA L.J. 887 (1986).
135. In fact, funds for writing instruction at the university level continue to dry up despite the need for such instruction even for graduate students. See Amy Wallace, Writing Wrongs: Funding Cuts Threaten UCLA's Composition Courses for Struggling Students, L.A. TIMES, June 24, 1996, at B-1.
136. Wiegel, supra, note 92, at 887-88.
137. CENTENNIAL HISTORY, supra note 35, at 84.
138. Even elite schools, however, come under pressure to take the training load away from future employers. See Lilly, supra note 53, at 1450 (noting that most firms depend upon schools to train their students as lawyers because most firms lack time and money for training).
139. Stuart A. Handmaker, The Law School Product from the Buyer's Point of View, 29 VAL. U. L. REV. 897, 904-07 (1995).
140. The American Bar Association apparently thinks so, too. ABA Standard 302(a)(2) requires a law school to design its curriculum to provide students with "basic competence in legal analysis and reasoning, legal research, problem-solving, and oral and written communication." ABA STANDARD 302(a)(2). Unfortunately, each school is left to its own devices to decide what curricular design will provide "basic competence." One fears that, too often, the non-LRW experts who dominate the legal academic hierarchy will be determining what amounts to basic competence in LRW.
141. J. Christopher Rideout & Jill J. Ramsfield, Legal Writing: A Revised View, 69 WASH. L. REV. 35 (1994).
142. Id. at 48-62.
143. Id. at 54.
144. Id. at 55. See Philip C. Kissam, Thinking (by Writing) About Legal Writing, 40 VAND. L. REV. 135 (1987), which explains in detail how instruction and practice in legal writing are critical parts of the process of developing expertise in legal thinking and noting the law schools' institutional bias in favor of oral instruction and exchanges despite the unquestioned importance of writing to law practice. Id. at 136-46.
145. Id. at 55. See Philip C. Kissam, Thinking (by Writing) About Legal Writing, 40 VAND. L. REV. 135 (1987), which explains in detail how instruction and practice in legal writing are critical parts of the process of developing expertise in legal thinking and noting the law schools' institutional bias in favor of oral instruction and exchanges despite the unquestioned importance of writing to law practice. Id. at 136-46.
146. Id. at 55. See Philip C. Kissam, Thinking (by Writing) About Legal Writing, 40 VAND. L. REV. 135 (1987), which explains in detail how instruction and practice in legal writing are critical parts of the process of developing expertise in legal thinking and noting the law schools' institutional bias in favor of oral instruction and exchanges despite the unquestioned importance of writing to law practice. Id. at 136-46.
147. Rideout & Ramsfield, supra note 99, at 58-60.
148. LINDA F. WIGHTMAN, LAW SCHOOL ADMISSIONS COUNCIL, WOMEN IN LEGAL EDUCATION: A COMPARISON OF THE LAW SCHOOL PERFORMANCE AND LAW SCHOOL EXPERIENCES OF WOMEN AND MEN 73, 113, 153 (1996).
149. Id. at 153; see also id. at 113.
150. Id. at 153; see also id. at 113.
151. See generally Boyer, supra note 82.
152. See, e.g., LAUREL C. OATES ET AL., THE LEGAL WRITING HANDBOOK: RESEARCH, ANALYSIS, AND WRITING (Professor's Anno. ed. 1993); RICHARD K. NEUMANN, JR., LEGAL REASONING AND LEGAL WRITING: STRUCTURE, STRATEGY, AND STYLE (2d ed. 1994); id. TEACHER'S MAN. Each of these texts provides ample reading material, lesson plans, and exercises for an ambitious multi-semester class in LRW.
153. See, e.g., LAUREL C. OATES ET AL., THE LEGAL WRITING HANDBOOK: RESEARCH, ANALYSIS, AND WRITING (Professor's Anno. ed. 1993); RICHARD K. NEUMANN, JR., LEGAL REASONING AND LEGAL WRITING: STRUCTURE, STRATEGY, AND STYLE (2d ed. 1994); id. TEACHER'S MAN. Each of these texts provides ample reading material, lesson plans, and exercises for an ambitious multi-semester class in LRW.
154. See, e.g., LAUREL C. OATES ET AL., THE LEGAL WRITING HANDBOOK: RESEARCH, ANALYSIS, AND WRITING (Professor's Anno. ed. 1993); RICHARD K. NEUMANN, JR., LEGAL REASONING AND LEGAL WRITING: STRUCTURE, STRATEGY, AND STYLE (2d ed. 1994); id. TEACHER'S MAN. Each of these texts provides ample reading material, lesson plans, and exercises for an ambitious multi-semester class in LRW.
155. The argument that there were "no qualified" applicants was similarly used 20 years ago to justify law schools' failures to hire women faculty. See Marina Angel, Women In Legal Education: What It's Like to Be Part of a Perpetual First Wave, or the Case of the Disappearing Women, 61 TEMP. L. REV. 799 (1988). As Professor Angel notes, however, whoever makes up the qualification criteria, white men, theorists, etc., can always define "qualified" to mean "just like me." See generally id. at 827 (stating that committees doing law school faculty hiring are composed overwhelmingly of males).
156. The argument that there were "no qualified" applicants was similarly used 20 years ago to justify law schools' failures to hire women faculty. See Marina Angel, Women In Legal Education: What It's Like to Be Part of a Perpetual First Wave, or the Case of the Disappearing Women, 61 TEMP. L. REV. 799 (1988). As Professor Angel notes, however, whoever makes up the qualification criteria, white men, theorists, etc., can always define "qualified" to mean "just like me." See generally id. at 827 (stating that committees doing law school faculty hiring are composed overwhelmingly of males).
157. Id.
158. David Segal, . . . and Aren't, Lawyers Losing Positions, Facing Pay Cuts as Large Corporations Shrink Costs, WASH. POST, Oct. 11, 1996, at A1.
159. Paul Ciotti, Unhappy Lawyers, L.A. TIMES, Aug. 25, 1988, at V-1.
160. Elyce H. Zenoff & Jerome A. Barron, So You Want to Be a Law Professor?, 69 A.B.A. J. 1712, 1712 (1983).
161. It is somewhat paradoxical that so many people are interested in entering this field, especially since it is so poorly regarded by academics generally. It may be, however, that the practitioners who typically apply for such positions know from their own experience how important LRW skills are for practice. See, e.g., Robert L. Clare, Jr., Teaching Clear Legal Writing-The Practitioner's Viewpoint, 52 N.Y. STATE BAR J. 192 (Apr. 1980) (explaining that his law firm had hired a writing specialist to help associates because they needed the help and the more senior attorneys - even if they could write well themselves - did not feel they were experts in teaching writing). In addition, many attorneys are unhappy practicing law and the prospect of teaching anything - even something with low status - may appeal to them. See also Judy Klemesrud, Women in the Law: Many Are Getting Out, N.Y. TIMES, Aug. 9, 1985 (quoting Manhattan career counselor as saying lawyers are "the most dissatisfied professional group"). Another factor could be at work, however that is, lack of knowledge about how low one's status is likely to sink. One former full-time non-tenure track LRW professor mentioned being stunned at the lack of institutional respect from non-LRW faculty. This person assumed that not being a tenure track academic might be analogous to being an associate, rather than a partner, in a law firm. It was a shock to be treated something like a paralegal - not a professional at all. For a discussion of the professional disrespect accorded paralegals (who are primarily female) by lawyers, see JENNIFER L. PIERCE, GENDER TRIALS: EMOTIONAL LIVES IN CONTEMPORARY LAW FIRMS 83-102 (1995).
162. It is somewhat paradoxical that so many people are interested in entering this field, especially since it is so poorly regarded by academics generally. It may be, however, that the practitioners who typically apply for such positions know from their own experience how important LRW skills are for practice. See, e.g., Robert L. Clare, Jr., Teaching Clear Legal Writing-The Practitioner's Viewpoint, 52 N.Y. STATE BAR J. 192 (Apr. 1980) (explaining that his law firm had hired a writing specialist to help associates because they needed the help and the more senior attorneys - even if they could write well themselves - did not feel they were experts in teaching writing). In addition, many attorneys are unhappy practicing law and the prospect of teaching anything - even something with low status - may appeal to them. See also Judy Klemesrud, Women in the Law: Many Are Getting Out, N.Y. TIMES, Aug. 9, 1985 (quoting Manhattan career counselor as saying lawyers are "the most dissatisfied professional group"). Another factor could be at work, however that is, lack of knowledge about how low one's status is likely to sink. One former full-time non-tenure track LRW professor mentioned being stunned at the lack of institutional respect from non-LRW faculty. This person assumed that not being a tenure track academic might be analogous to being an associate, rather than a partner, in a law firm. It was a shock to be treated something like a paralegal - not a professional at all. For a discussion of the professional disrespect accorded paralegals (who are primarily female) by lawyers, see JENNIFER L. PIERCE, GENDER TRIALS: EMOTIONAL LIVES IN CONTEMPORARY LAW FIRMS 83-102 (1995).
163. It is somewhat paradoxical that so many people are interested in entering this field, especially since it is so poorly regarded by academics generally. It may be, however, that the practitioners who typically apply for such positions know from their own experience how important LRW skills are for practice. See, e.g., Robert L. Clare, Jr., Teaching Clear Legal Writing-The Practitioner's Viewpoint, 52 N.Y. STATE BAR J. 192 (Apr. 1980) (explaining that his law firm had hired a writing specialist to help associates because they needed the help and the more senior attorneys - even if they could write well themselves - did not feel they were experts in teaching writing). In addition, many attorneys are unhappy practicing law and the prospect of teaching anything - even something with low status - may appeal to them. See also Judy Klemesrud, Women in the Law: Many Are Getting Out, N.Y. TIMES, Aug. 9, 1985 (quoting Manhattan career counselor as saying lawyers are "the most dissatisfied professional group"). Another factor could be at work, however that is, lack of knowledge about how low one's status is likely to sink. One former full-time non-tenure track LRW professor mentioned being stunned at the lack of institutional respect from non-LRW faculty. This person assumed that not being a tenure track academic might be analogous to being an associate, rather than a partner, in a law firm. It was a shock to be treated something like a paralegal - not a professional at all. For a discussion of the professional disrespect accorded paralegals (who are primarily female) by lawyers, see JENNIFER L. PIERCE, GENDER TRIALS: EMOTIONAL LIVES IN CONTEMPORARY LAW FIRMS 83-102 (1995).
164. The precise number of people teaching LRW is not calculable, since programs tend to be in flux. However, approximate numbers can be extrapolated from the Ramsfield surveys. Question 17 on the 1994 LRW survey is: How many full-time LRW teachers (total) are employed by your school? 1994 Survey, supra note 15. One hundred twenty-five schools responded as follows: table presented The table reveals that at least 380 and as many as 459 LRW instructors were teaching in 1994 at the 125 schools responding. Of course, there are now 178, not 125, ABA-accredited schools, some of which undoubtedly also employ at least one, and likely more than one, full-time LRW instructors.
165. ABA STANDARDS 405(a).
166. Then again, they may not. Several schools (although a declining number) put a cap on the number of years a LRW instructor can stay in her position - typically the cap is three or four years.
167. Discretion prohibits me from giving explicit details, but anecdotal evidence abounds concerning doctrinal faculty commenting to students that they should put their legal writing class in its (insignificant) place and devote relatively little time and energy to it.
168. There are, of course, variations of program structure and design within these models. However, these are by far the most common staffing models today.
169. One potential problem inherent in creating "dedicated LRW tenure-track slots" in which LRW teachers never teach anything but LRW is the possibility of foreclosing future professional opportunities should the professor's interests broaden or shift to other legal topics. But more information would have to be gathered for this problem to be properly evaluated.
170. See generally Kelven, supra note 64, at 108-22 (describing Bigelow Fellows program). The Association of American Law Schools Placement Bulletins for Fall 1996 listed advertisements for several other law schools offering fellowships in conjunction with LRW teaching responsibilities and a chance to pursue LL.M. studies. These included Temple and Dickinson. AALS PLACEMENT BULL., Sept. 27, 1996, at 12. Two other schools advertised positions in which one could study for an LL.M. while teaching legal writing but does not call them "fellowships." Columbia calls its LRW teachers Associates-in-Law and University of Illinois calls them Visiting Assistant Professors. AALS PLACEMENT BULL., Oct. 11, 1996, at 10.
171. See generally Kelven, supra note 64, at 108-22 (describing Bigelow Fellows program). The Association of American Law Schools Placement Bulletins for Fall 1996 listed advertisements for several other law schools offering fellowships in conjunction with LRW teaching responsibilities and a chance to pursue LL.M. studies. These included Temple and Dickinson. AALS PLACEMENT BULL., Sept. 27, 1996, at 12. Two other schools advertised positions in which one could study for an LL.M. while teaching legal writing but does not call them "fellowships." Columbia calls its LRW teachers Associates-in-Law and University of Illinois calls them Visiting Assistant Professors. AALS PLACEMENT BULL., Oct. 11, 1996, at 10.
172. The use of the masculine term "fellows" to denote talented entry-level teachers underscores women's historical exclusion from the academic community.
173. Kelven, supra note 64, at 109.
174. There is some reason to question whether this is the best model from the students' perspective. If the teaching fellow aspires to leave the field of LRW as quickly as possible and therefore spends his or her time pursuing independent research, attending classes, co-teaching seminars of interest, and perhaps satisfying the requirements for a graduate degree in law, it is questionable how much expertise she can develop in the theory or pedagogy of LRW and how well served the students will be. See, e.g., Jan M. Levine, Voices in the Wilderness: Tenured and Tenure-Track Directors and Teachers in Legal Research and Writing Programs, 45 J. LEGAL EDUC. 530, 531 n.7 (1995) [hereinafter Levine, Voices]; Jan M. Levine, "You Can't Please Everyone, So You'd Better Please Yourself": Directing (or Teaching in) a First-Year Legal Writing Program, 29 VAL. U. L. REV. 611, 627-28 (1995) (discussing particular challenges for LRW program director supervising LL.M. candidates who need to devote substantial attention to their own academic pursuits) [hereinafter Levine, Directing].
175. There is some reason to question whether this is the best model from the students' perspective. If the teaching fellow aspires to leave the field of LRW as quickly as possible and therefore spends his or her time pursuing independent research, attending classes, co-teaching seminars of interest, and perhaps satisfying the requirements for a graduate degree in law, it is questionable how much expertise she can develop in the theory or pedagogy of LRW and how well served the students will be. See, e.g., Jan M. Levine, Voices in the Wilderness: Tenured and Tenure-Track Directors and Teachers in Legal Research and Writing Programs, 45 J. LEGAL EDUC. 530, 531 n.7 (1995) [hereinafter Levine, Voices]; Jan M. Levine, "You Can't Please Everyone, So You'd Better Please Yourself": Directing (or Teaching in) a First-Year Legal Writing Program, 29 VAL. U. L. REV. 611, 627-28 (1995) (discussing particular challenges for LRW program director supervising LL.M. candidates who need to devote substantial attention to their own academic pursuits) [hereinafter Levine, Directing].
176. See Boyer, supra note 82.
177. The prevalence of this model shows up in the 1994 LRW Survey, supra note 15, at question 41. Seventy-two schools out of the 132 that responded indicated that at their institution LRW is taught by full-time faculty. Fifty-eight of those 72 schools (81%) use full-time, (contracttrack rather than tenure-track) faculty to teach LRW. Id. The other schools use adjuncts (11.4%), students teaching only (1.5%), a combination of full-time contract LRW faculty (8.3%), a combination of adjuncts and full-time tenure track non-LRW faculty (1.5%), and an unspecified "other" (22%).
178. Id. at question 47.
179. Almost all of the responding schools (98.9%) reported that contracts were renewable. Id.
180. Id. at question 50.
181. Id. at questions 51-53.
182. Id. at question 54.
183. Id. at question 55. LRW teachers also get paid less than clinicians, who themselves frequently receive lower salaries than law teachers who teach all doctrine or theory and no skills. Question 56 of the 1994 LRW survey indicates that for 40% of LRW faculty, the difference between their earnings and those of clinicians is less than $10,000 (and may be zero). There does not appear to be any gender difference among LRW instructors themselves, however. This contrasts with clinical faculty pay, which tends to be higher for men even when men and women are at the same status level. See Robert F. Seibel, Do Deans Discriminate: An Examination of Lower Salaries Paid to Women Clinical Teachers, 6 U.C.L.A. WOMEN'S L.J. 541, 547-51 (1996) (women in long-term contract clinical teaching positions are paid 15.01% less then men; women, in tenure-track clinical positions are paid 10.16% less than men).
184. 1994 Survey, supra note 15, at question 59.
185. AALS PLACEMENT BULL., Sept. 6, 1996, at 10-11.
186. This conclusion that teaching LRW proves one's unworthiness to teach other subjects is, of course, unsound. Teaching LRW focuses one on the process of teaching - something about which many law professors know very little. Moreover, an LRW teacher tends to have a broad base of knowledge in several doctrinal areas, because he or she must regularly design new writing problems which generally cover a range of topics. Moreover, since students resist being taught LRW, the LRW teacher must be exceptionally creative and flexible to be successful. One who succeeds at teaching LRW is likely to be able to succeed at teaching anything. Nevertheless, the institutional bias against LRW teaching experience is real. See, e.g., Elyce Zenoff & Jerome A. Barron, So You Want to Hire a Law Professor?, 33 J. LEGAL EDUC. 492,503 (1983) ("Present practice indicates that less credit is given [by faculty recruitment committees] for non-tenure-track teaching in legal writing programs and clinics."); see also Marjorie D. Rombauer, Regular Faculty Staffing for an Expanded First-Year Research and Writing Course: A Post Mortem, 44 ALB. L. REV. 392, 408 n.34 (1980). Professor Rombauer relates a conversation with a young male law professor who enjoyed teaching LRW but who stopped teaching the course on advice of a senior faculty member to the effect that he would never get tenure if he continued to teach LRW.
187. This conclusion that teaching LRW proves one's unworthiness to teach other subjects is, of course, unsound. Teaching LRW focuses one on the process of teaching - something about which many law professors know very little. Moreover, an LRW teacher tends to have a broad base of knowledge in several doctrinal areas, because he or she must regularly design new writing problems which generally cover a range of topics. Moreover, since students resist being taught LRW, the LRW teacher must be exceptionally creative and flexible to be successful. One who succeeds at teaching LRW is likely to be able to succeed at teaching anything. Nevertheless, the institutional bias against LRW teaching experience is real. See, e.g., Elyce Zenoff & Jerome A. Barron, So You Want to Hire a Law Professor?, 33 J. LEGAL EDUC. 492,503 (1983) ("Present practice indicates that less credit is given [by faculty recruitment committees] for non-tenure-track teaching in legal writing programs and clinics."); see also Marjorie D. Rombauer, Regular Faculty Staffing for an Expanded First-Year Research and Writing Course: A Post Mortem, 44 ALB. L. REV. 392, 408 n.34 (1980). Professor Rombauer relates a conversation with a young male law professor who enjoyed teaching LRW but who stopped teaching the course on advice of a senior faculty member to the effect that he would never get tenure if he continued to teach LRW.
188. I want to make clear that I do not agree that LRW is a dull teaching assignment, or that it is a subject unworthy of specialization. In fact, both the subject matter and the teaching process are dynamic and fascinating to many who teach LRW. See, e.g., Kissam, supra note 102. However, while a torts teacher may be fascinated by torts for years, this does not foreclose him from deciding he might enjoy biotechnology law and offering a seminar in it. Ultimately, he may then continue to teach torts and his new field or, if curricular needs permit, he may move out of torts totally. No one would use this hypothetical professor's behavior to suggest, however, that torts was never interesting in the first instance. Rather, this would be evidence that the professor was continuing to progress as a legal academic rather than allowing himself to stagnate.
189. "Nearly everyone who writes about legal writing duly records faculty disdain for the subject matter and administrative dislike of the expense." Gale, supra note 76, at 317-18.
190. Pedrick, supra note 90, at 413. Professor Pedrick ominously predicted: "In the end, a law school that invests a heavy segment of faculty time in legal writing instruction will pay a price in terms of the productive scholarship of its faculty. It risks losing ground in the recognition accorded that faculty in the world of legal education." Id. at 414.
191. Rombauer, supra note 134, at 397-98.
192. Id. at 409.
193. For a discussion of the early abortive attempt of a woman to be admitted to Harvard Law School, see CENTENNIAL HISTORY, supra note 35. When a woman applied for admission in 1899, the law faculty reluctantly agreed to admit her if she could obtain admission to Radcliffe as a graduate student. However, Harvard University refused her graduate status. Harvard Law Professor Ezra Ripley Thayer must have been relieved, having said "he should regret the pres-ence of a woman in his classes, because he feared it might affect the excellence of the work of the men; but he could not deny the inherent justice of the claim" that women should be admitted. Id. at 55. For a somewhat more heartening account of women's ultimately successful legal battle for admission to Hastings College of the Law (University of California), see THOMAS G. BARNES, HASTINGS COLLEGE OF THE LAW: THE FIRST CENTURY 47-61 (1978).
194. For a discussion of the early abortive attempt of a woman to be admitted to Harvard Law School, see CENTENNIAL HISTORY, supra note 35. When a woman applied for admission in 1899, the law faculty reluctantly agreed to admit her if she could obtain admission to Radcliffe as a graduate student. However, Harvard University refused her graduate status. Harvard Law Professor Ezra Ripley Thayer must have been relieved, having said "he should regret the pres-ence of a woman in his classes, because he feared it might affect the excellence of the work of the men; but he could not deny the inherent justice of the claim" that women should be admitted. Id. at 55. For a somewhat more heartening account of women's ultimately successful legal battle for admission to Hastings College of the Law (University of California), see THOMAS G. BARNES, HASTINGS COLLEGE OF THE LAW: THE FIRST CENTURY 47-61 (1978).
195. For a discussion of the early abortive attempt of a woman to be admitted to Harvard Law School, see CENTENNIAL HISTORY, supra note 35. When a woman applied for admission in 1899, the law faculty reluctantly agreed to admit her if she could obtain admission to Radcliffe as a graduate student. However, Harvard University refused her graduate status. Harvard Law Professor Ezra Ripley Thayer must have been relieved, having said "he should regret the pres-ence of a woman in his classes, because he feared it might affect the excellence of the work of the men; but he could not deny the inherent justice of the claim" that women should be admitted. Id. at 55. For a somewhat more heartening account of women's ultimately successful legal battle for admission to Hastings College of the Law (University of California), see THOMAS G. BARNES, HASTINGS COLLEGE OF THE LAW: THE FIRST CENTURY 47-61 (1978).
196. See supra notes 42-51 and accompanying text. For a more detailed discussion of women's early struggles to obtain legal education, see chapters 2-4 in KAREN B. MORELLO, THE INVISIBLE BAR: THE WOMAN LAWYER IN AMERICA: 1638 TO THE PRESENT 39-107 (1986).
197. Men appropriated learning long before the rise of German universities. Indeed, in feudal times, clerics appropriated learning and writing, cloistered themselves in monasteries, and cut themselves off completely from women. See Jacques Dalarun, The Clerical Gaze, in 2 A HISTORY OF WOMEN IN THE WEST 15 (Christiane Klapisch-Zuber ed., 1992).
198. For instance, in Germany, the site of the modern scientific university that served as a model for American universities, women were not even allowed to acquire the baccalaureate degree, which was "the ticket to university admission," until 1900. Marie-Claire Hoock-Demarle, Reading and Writing in Germany, in 4 A HISTORY OF WOMEN IN THE WEST 145, 149 (Geneviève Fraisse & Michelle Perrot eds., 1992).
199. VIRGINIA WOOLF, THREE GUINEAS 62-63 (1938).
200. See generally Lilly, supra note 53.
201. See Angel, supra note 108, at 832-33.
202. See Rombauer, supra note 134. Like the field of LRW, the academic field of composi-tion studies also suffers from institutional confusion about, and hostility toward, its values and pedagogy. See Susan Hunter, The Dangers of Teaching Differently, in WRITING OURSELVES INTO THE STORY: UNHEARD VOICES FROM COMPOSITION STUDIES 70-85 (Sheryl I. Fontaine & Susan Hunter eds., 1993). Professor Hunter describes writing pedagogy as "inherently liberatory and political." Id.
203. See Rombauer, supra note 134. Like the field of LRW, the academic field of composi-tion studies also suffers from institutional confusion about, and hostility toward, its values and pedagogy. See Susan Hunter, The Dangers of Teaching Differently, in WRITING OURSELVES INTO THE STORY: UNHEARD VOICES FROM COMPOSITION STUDIES 70-85 (Sheryl I. Fontaine & Susan Hunter eds., 1993). Professor Hunter describes writing pedagogy as "inherently liberatory and political." Id.
204. Between 1972 and 1978, the number of women in law schools tripled from 11, 878 to 35,775. LORRAINE DUSKY, STILL UNEQUAL: THE SHAMEFUL TRUTH ABOUT WOMEN AND JUSTICE IN AMERICA 21 (1996).
205. Id. at 174-75.
206. In this, of course, law schools resemble industrial capitalists who benefit by being able to employ women cheaply. See, e.g., Sokoloff, supra note 11, at 16-20. The analogy between law school administrators and capitalists is not purely rhetorical. One law school dean was quoted (anonymously) as saying, "We can get education for cheap because we can hire people on the mommy track [to teach LRW]." ELUSIVE EQUALITY, supra note 2, at 33.
207. Lucia Ann Silecchia, Legal Skills Training in the First Year of Law School: Research? Writing? Analysis? Or More?, 100 DICK. L. REV. 245 (1996).
208. Id. at 256.
209. Id.
210. The author acknowledges problems in the terminology of categorization. At conferences of legal academicians, one commonly hears references to "legal writing instructors" juxtaposed with "substantive teachers." Occasionally, LRW professionals are contrasted with "standup teachers" or "classroom teachers" - dichotomies that arose to differentiate between clinicians and non-clinicians. The terms made some sense in the context of clinical educators since many clinicians taught in their offices or courtrooms where they were guiding students through actual legal cases. Since LRW professionals "stand up" in classrooms to teach, this dichotomy makes no sense in relation to them. LRW professionals reject the notion that they are not "substantive" teachers - since the field of LRW is indeed substantive. LRW professionals have come to prefer referring to non-LRW/non-clinical teachers as "doctrinal" teachers. This creates a contrast that is comfortable to the LRW professionals but may be uncomfortable to highly theoreti-cal non-LRW teachers who shun the notion that they teach doctrine. Be that as it may, the ball is now in the non-LRW teachers' court to come up with a terminology that does not elevate them at the LRW teachers' expense. Better yet, perhaps all categories could be abolished and all professionals teaching in law schools could be referred to as what they are - professors of law.
211. Most first-year law school courses do not have mid-term examinations, but rather one final examination at the course's end. See Philip C. Kissam, Law School Examinations, 42 VAND. L. REV. 433, 456 (1989); Janet Motley, A Foolish Consistency: The Law School Exam, 10 NOVA L.J. 723, 750 (1986).
212. Most first-year law school courses do not have mid-term examinations, but rather one final examination at the course's end. See Philip C. Kissam, Law School Examinations, 42 VAND. L. REV. 433, 456 (1989); Janet Motley, A Foolish Consistency: The Law School Exam, 10 NOVA L.J. 723, 750 (1986).
213. Of course, LRW teaching may be viewed as dull because it is done by women. Feminist scholar Cynthia Fuchs Epstein notes that women's contributions to knowledge have frequently been devalued, seemingly for no better reason than that they were not men's contributions. For instance, Rosalind Franklin's research on DNA was viewed as "dull." though similar research later done by men was hailed as groundbreaking. Cynthia F. Epstein, Constraints on Excellence: Structural and Cultural Barriers to the Recognition and Demonstration of Achievement, in THE OUTER CIRCLE - WOMEN IN THE SCIENTIFIC COMMUNITY 240, 242 (Harriet Zuckerman et al. eds., (1991).
214. See, e.g., Kissam, supra note 102, at 152-60; Rideout & Ramsfield, supra note 99. For a lengthy (but still not exhaustive) listing of articles on the subject of legal writing, see George D. Gopen & Kary D. Smout, Legal Writing: A Bibliography, 1 J. LEG. WRIT. INST. 93 (1991). For a list of texts and reference books in the field, see Maureen Arrigo-Ward, How to Please Most of the People Most of the Time: Directing (or Teaching in) a First-Year Legal Writing Program, 29 VAL. U. L. REV. 557, 607-09 (1995).
215. See, e.g., Kissam, supra note 102, at 152-60; Rideout & Ramsfield, supra note 99. For a lengthy (but still not exhaustive) listing of articles on the subject of legal writing, see George D. Gopen & Kary D. Smout, Legal Writing: A Bibliography, 1 J. LEG. WRIT. INST. 93 (1991). For a list of texts and reference books in the field, see Maureen Arrigo-Ward, How to Please Most of the People Most of the Time: Directing (or Teaching in) a First-Year Legal Writing Program, 29 VAL. U. L. REV. 557, 607-09 (1995).
216. NADYA AISENBERG & MONA HARRINGTON, WOMEN OF ACADEME: OUTSIDERS IN THE SACRED GROVE 94-96 (1988). This view is not without its problems. Some will resist it as "essentializing" the nature of women and over-simplifying their interests. Nevertheless, the view seems to have some intuitive appeal and the Aisenberg and Harrington analysis is worth noting.
217. See Rideout & Ramsfield, supra note 99, at 66-68.
218. Of course, it is also possible that women find themselves in LRW jobs more or less by accident. For instance, perhaps women needed to take jobs wherever they happen to live, rather than being able to relocate for a tenure-track position. This thesis is currently being explored by Professors Barbara Reskin and Deborah Rhode at Ohio State University.
219. Catherine Weiss & Louise Melling, The Legal Education of Twenty Women, 40 STAN. L. REV. 1299, 1359 (1988).
220. Id. A more comprehensive study conducted at the University of Pennsylvania also found women alienated by their experiences in law school, to the point of needing more mental health care and counseling, feeling silenced in the classroom, and suffering from lowered selfesteem. Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. PA. L. REV. 1, 3, 59-62 (1994). Accord Joan M. Krauskopf, Touching the Elephant: Perceptions of Gender Issues in Nine Law Schools, 44 J. LEGAL EDUC. 311, 325, 331 (1994); Taunya L. Banks & Leonard Gross, Gender Bias in the Classroom, 14 So. ILL. U. L.J. 527, 530-31 (1990); Suzanne Homer & Lois Schwartz, Admitted But Not Accepted: Outsiders Take an Inside Look at Law School, 5 BERKELEY WOMEN'S L.J. 1, 8 (1990).
221. Id. A more comprehensive study conducted at the University of Pennsylvania also found women alienated by their experiences in law school, to the point of needing more mental health care and counseling, feeling silenced in the classroom, and suffering from lowered selfesteem. Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. PA. L. REV. 1, 3, 59-62 (1994). Accord Joan M. Krauskopf, Touching the Elephant: Perceptions of Gender Issues in Nine Law Schools, 44 J. LEGAL EDUC. 311, 325, 331 (1994); Taunya L. Banks & Leonard Gross, Gender Bias in the Classroom, 14 So. ILL. U. L.J. 527, 530-31 (1990); Suzanne Homer & Lois Schwartz, Admitted But Not Accepted: Outsiders Take an Inside Look at Law School, 5 BERKELEY WOMEN'S L.J. 1, 8 (1990).
222. Id. A more comprehensive study conducted at the University of Pennsylvania also found women alienated by their experiences in law school, to the point of needing more mental health care and counseling, feeling silenced in the classroom, and suffering from lowered selfesteem. Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. PA. L. REV. 1, 3, 59-62 (1994). Accord Joan M. Krauskopf, Touching the Elephant: Perceptions of Gender Issues in Nine Law Schools, 44 J. LEGAL EDUC. 311, 325, 331 (1994); Taunya L. Banks & Leonard Gross, Gender Bias in the Classroom, 14 So. ILL. U. L.J. 527, 530-31 (1990); Suzanne Homer & Lois Schwartz, Admitted But Not Accepted: Outsiders Take an Inside Look at Law School, 5 BERKELEY WOMEN'S L.J. 1, 8 (1990).
223. Id. A more comprehensive study conducted at the University of Pennsylvania also found women alienated by their experiences in law school, to the point of needing more mental health care and counseling, feeling silenced in the classroom, and suffering from lowered selfesteem. Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. PA. L. REV. 1, 3, 59-62 (1994). Accord Joan M. Krauskopf, Touching the Elephant: Perceptions of Gender Issues in Nine Law Schools, 44 J. LEGAL EDUC. 311, 325, 331 (1994); Taunya L. Banks & Leonard Gross, Gender Bias in the Classroom, 14 So. ILL. U. L.J. 527, 530-31 (1990); Suzanne Homer & Lois Schwartz, Admitted But Not Accepted: Outsiders Take an Inside Look at Law School, 5 BERKELEY WOMEN'S L.J. 1, 8 (1990).
224. Id. A more comprehensive study conducted at the University of Pennsylvania also found women alienated by their experiences in law school, to the point of needing more mental health care and counseling, feeling silenced in the classroom, and suffering from lowered selfesteem. Lani Guinier et al., Becoming Gentlemen: Women's Experiences at One Ivy League Law School, 143 U. PA. L. REV. 1, 3, 59-62 (1994). Accord Joan M. Krauskopf, Touching the Elephant: Perceptions of Gender Issues in Nine Law Schools, 44 J. LEGAL EDUC. 311, 325, 331 (1994); Taunya L. Banks & Leonard Gross, Gender Bias in the Classroom, 14 So. ILL. U. L.J. 527, 530-31 (1990); Suzanne Homer & Lois Schwartz, Admitted But Not Accepted: Outsiders Take an Inside Look at Law School, 5 BERKELEY WOMEN'S L.J. 1, 8 (1990).
225. Weiss & Melling, supra note 161, at 1359. For a portrait of one school's successful efforts to create a more nurturing environment for all of its students, see Judith D. Fischer, Portia Unbound: The Effects of a Supportive Law School Environment on Women and Minority Students, 7 U.C.L.A. WOMEN'S L.J. 81 (1996) (discussing legal education at Chapman University School of Law in Irvine, Cal.).
226. During my initial interview for the position of LRW instructor, I told the program director that one of my goals was "reducing the stress of first-year law students." I did, indeed, expend tremendous amounts of time and energy that first year trying to accomplish that goal. I notice a similar commitment toward students expressed by many LRW colleagues.
227. Irene Papoulis, Appearance as Shield: Reflections About Middle-Class Lives on the Boundary, in WRITING OURSELVES INTO THE STORY: UNHEARD VOICES FROM COMPOSITION STUDIES 269, 278 (Sheryl I. Fontaine & Susan Hunter eds., 1993). See also Hunter, supra note 147, at 72 (discussing how writing teachers aim to empower, rather than dominate, students by showing them the "power language gives [students] to shape and reshape [their] worlds").
228. AISENBERG & HARRINGTON, supra note 158, at 98.
229. Id. at 105. Men have also acknowledged the benefits of intense interaction with students, the pedagogical benefits of feedback, and the overly elitist attitudes that have created the law school as we know it. See, e.g, Howard A. Glickstein, Law Schools: Where the Elite Meet to Teach, 10 NOVA L.J. 541 (1986) (criticizing law schools for focusing more on academic creden-tials like law review participation than on prior practical experience as lawyers when hiring faculty); Henry Weihofen, Education for Law Teachers, 43 COLUM. L. REV. 423, 423-48 (1943) (explaining that students learn best if they understand why they are being given certain material and what they are expected to do with it; arguing that problem method is of higher pedagogical value than strict case method approach).
230. Id. at 105. Men have also acknowledged the benefits of intense interaction with students, the pedagogical benefits of feedback, and the overly elitist attitudes that have created the law school as we know it. See, e.g, Howard A. Glickstein, Law Schools: Where the Elite Meet to Teach, 10 NOVA L.J. 541 (1986) (criticizing law schools for focusing more on academic creden-tials like law review participation than on prior practical experience as lawyers when hiring faculty); Henry Weihofen, Education for Law Teachers, 43 COLUM. L. REV. 423, 423-48 (1943) (explaining that students learn best if they understand why they are being given certain material and what they are expected to do with it; arguing that problem method is of higher pedagogical value than strict case method approach).
231. Frank Pommersheim, Voice, Values, and Community: Some Reflections on Legal Writing, 12 J. LEGAL STUD. 477, 477 (1988) (emphasis added). Professor Pommersheim's insight into the value of legal writing is particularly impressive because he does not teach the course nor, according to his biographical data in the 1995-1996 AALS Directory of Law Teachers, has he ever taught it.
232. The discussion focuses on academic tenure because, today, and for much of the twentieth century (although certainly not during most of America's history) tenure has been the symbol of full professional recognition in the academy. See Walter P. Metzger, Academic Tenure in America: A Historical Essay, in FACULTY TENURE: A REPORT AND RECOMMENDATIONS 93-115 (Comm'n on Academic Tenure in Higher Educ. eds., 1973). Recently, tenure has undergone a particularly virulent attack. For instance, faculty at the University of Minnesota threatened to unionize to combat the regents' plan to eliminate many incidents of tenure. See Constance Holden, Furor over Minnesota Tenure Proposals, Sci., Sept. 20, 1996, at 1653. Other schools are also bringing tenure under serious review. See, e.g., Norman Draper, The New Bottom Line of Higher Ed, STAR TRIB., Dec. 9, 1996, at 1A, available in 1996 WL 6939943; Brent Israelsen, Legislators to Tenure Lovers: Prove It Works or We'll Fix It; Tenure's Job Security in Question, SALT LAKE TRIB., Dec. 9, 1996, at Al, available in 1996 WL 13845256; Ralph Reiland, Q: Should Colleges and Universities Abolish Academic Tenure? Yes: Let the Magic of the Market-place Invigorate the Sheltered Elites in the Ivory Tower, INSIGHT MAG., Nov. 25, 1996, at 24, available in 1996 WL 11224946. I express no opinion on the merits of tenure per se. Perhaps abolishing tenure would improve higher education. My argument is that, whatever the law school's organizational structure, LRW instructors should be full members of the faculty with comparable opportunities to vote and control the future of the institution, comparable salary, titles, or other privileges (such as, sabbaticals, research assistance, release time) as every other professor. Of course, the LRW instructor with such privileges would have to assume correlative responsibilities.
233. The discussion focuses on academic tenure because, today, and for much of the twentieth century (although certainly not during most of America's history) tenure has been the symbol of full professional recognition in the academy. See Walter P. Metzger, Academic Tenure in America: A Historical Essay, in FACULTY TENURE: A REPORT AND RECOMMENDATIONS 93-115 (Comm'n on Academic Tenure in Higher Educ. eds., 1973). Recently, tenure has undergone a particularly virulent attack. For instance, faculty at the University of Minnesota threatened to unionize to combat the regents' plan to eliminate many incidents of tenure. See Constance Holden, Furor over Minnesota Tenure Proposals, Sci., Sept. 20, 1996, at 1653. Other schools are also bringing tenure under serious review. See, e.g., Norman Draper, The New Bottom Line of Higher Ed, STAR TRIB., Dec. 9, 1996, at 1A, available in 1996 WL 6939943; Brent Israelsen, Legislators to Tenure Lovers: Prove It Works or We'll Fix It; Tenure's Job Security in Question, SALT LAKE TRIB., Dec. 9, 1996, at Al, available in 1996 WL 13845256; Ralph Reiland, Q: Should Colleges and Universities Abolish Academic Tenure? Yes: Let the Magic of the Market-place Invigorate the Sheltered Elites in the Ivory Tower, INSIGHT MAG., Nov. 25, 1996, at 24, available in 1996 WL 11224946. I express no opinion on the merits of tenure per se. Perhaps abolishing tenure would improve higher education. My argument is that, whatever the law school's organizational structure, LRW instructors should be full members of the faculty with comparable opportunities to vote and control the future of the institution, comparable salary, titles, or other privileges (such as, sabbaticals, research assistance, release time) as every other professor. Of course, the LRW instructor with such privileges would have to assume correlative responsibilities.
234. The discussion focuses on academic tenure because, today, and for much of the twentieth century (although certainly not during most of America's history) tenure has been the symbol of full professional recognition in the academy. See Walter P. Metzger, Academic Tenure in America: A Historical Essay, in FACULTY TENURE: A REPORT AND RECOMMENDATIONS 93-115 (Comm'n on Academic Tenure in Higher Educ. eds., 1973). Recently, tenure has undergone a particularly virulent attack. For instance, faculty at the University of Minnesota threatened to unionize to combat the regents' plan to eliminate many incidents of tenure. See Constance Holden, Furor over Minnesota Tenure Proposals, Sci., Sept. 20, 1996, at 1653. Other schools are also bringing tenure under serious review. See, e.g., Norman Draper, The New Bottom Line of Higher Ed, STAR TRIB., Dec. 9, 1996, at 1A, available in 1996 WL 6939943; Brent Israelsen, Legislators to Tenure Lovers: Prove It Works or We'll Fix It; Tenure's Job Security in Question, SALT LAKE TRIB., Dec. 9, 1996, at Al, available in 1996 WL 13845256; Ralph Reiland, Q: Should Colleges and Universities Abolish Academic Tenure? Yes: Let the Magic of the Market-place Invigorate the Sheltered Elites in the Ivory Tower, INSIGHT MAG., Nov. 25, 1996, at 24, available in 1996 WL 11224946. I express no opinion on the merits of tenure per se. Perhaps abolishing tenure would improve higher education. My argument is that, whatever the law school's organizational structure, LRW instructors should be full members of the faculty with comparable opportunities to vote and control the future of the institution, comparable salary, titles, or other privileges (such as, sabbaticals, research assistance, release time) as every other professor. Of course, the LRW instructor with such privileges would have to assume correlative responsibilities.
235. The discussion focuses on academic tenure because, today, and for much of the twentieth century (although certainly not during most of America's history) tenure has been the symbol of full professional recognition in the academy. See Walter P. Metzger, Academic Tenure in America: A Historical Essay, in FACULTY TENURE: A REPORT AND RECOMMENDATIONS 93-115 (Comm'n on Academic Tenure in Higher Educ. eds., 1973). Recently, tenure has undergone a particularly virulent attack. For instance, faculty at the University of Minnesota threatened to unionize to combat the regents' plan to eliminate many incidents of tenure. See Constance Holden, Furor over Minnesota Tenure Proposals, Sci., Sept. 20, 1996, at 1653. Other schools are also bringing tenure under serious review. See, e.g., Norman Draper, The New Bottom Line of Higher Ed, STAR TRIB., Dec. 9, 1996, at 1A, available in 1996 WL 6939943; Brent Israelsen, Legislators to Tenure Lovers: Prove It Works or We'll Fix It; Tenure's Job Security in Question, SALT LAKE TRIB., Dec. 9, 1996, at Al, available in 1996 WL 13845256; Ralph Reiland, Q: Should Colleges and Universities Abolish Academic Tenure? Yes: Let the Magic of the Market-place Invigorate the Sheltered Elites in the Ivory Tower, INSIGHT MAG., Nov. 25, 1996, at 24, available in 1996 WL 11224946. I express no opinion on the merits of tenure per se. Perhaps abolishing tenure would improve higher education. My argument is that, whatever the law school's organizational structure, LRW instructors should be full members of the faculty with comparable opportunities to vote and control the future of the institution, comparable salary, titles, or other privileges (such as, sabbaticals, research assistance, release time) as every other professor. Of course, the LRW instructor with such privileges would have to assume correlative responsibilities.
236. The discussion focuses on academic tenure because, today, and for much of the twentieth century (although certainly not during most of America's history) tenure has been the symbol of full professional recognition in the academy. See Walter P. Metzger, Academic Tenure in America: A Historical Essay, in FACULTY TENURE: A REPORT AND RECOMMENDATIONS 93-115 (Comm'n on Academic Tenure in Higher Educ. eds., 1973). Recently, tenure has undergone a particularly virulent attack. For instance, faculty at the University of Minnesota threatened to unionize to combat the regents' plan to eliminate many incidents of tenure. See Constance Holden, Furor over Minnesota Tenure Proposals, Sci., Sept. 20, 1996, at 1653. Other schools are also bringing tenure under serious review. See, e.g., Norman Draper, The New Bottom Line of Higher Ed, STAR TRIB., Dec. 9, 1996, at 1A, available in 1996 WL 6939943; Brent Israelsen, Legislators to Tenure Lovers: Prove It Works or We'll Fix It; Tenure's Job Security in Question, SALT LAKE TRIB., Dec. 9, 1996, at Al, available in 1996 WL 13845256; Ralph Reiland, Q: Should Colleges and Universities Abolish Academic Tenure? Yes: Let the Magic of the Market-place Invigorate the Sheltered Elites in the Ivory Tower, INSIGHT MAG., Nov. 25, 1996, at 24, available in 1996 WL 11224946. I express no opinion on the merits of tenure per se. Perhaps abolishing tenure would improve higher education. My argument is that, whatever the law school's organizational structure, LRW instructors should be full members of the faculty with comparable opportunities to vote and control the future of the institution, comparable salary, titles, or other privileges (such as, sabbaticals, research assistance, release time) as every other professor. Of course, the LRW instructor with such privileges would have to assume correlative responsibilities.
237. See Donna Fossum, Law Professors: A Profile of the Teaching Branch of the Legal Profession, 1980 AM. BAR FOUND, RES. J. 501, 507. In no particular order, the top 20 feeder schools would be: Harvard, Yale, Columbia, Michigan, Chicago, N.Y.U., Georgetown, Texas, Virginia, Berkeley, Pennsylvania, Wisconsin, Northwestern, Stanford, Iowa, Illinois, Minnesota, Cornell, Duke, and George Washington. Id.
238. See Donna Fossum, Law Professors: A Profile of the Teaching Branch of the Legal Profession, 1980 AM. BAR FOUND, RES. J. 501, 507. In no particular order, the top 20 feeder schools would be: Harvard, Yale, Columbia, Michigan, Chicago, N.Y.U., Georgetown, Texas, Virginia, Berkeley, Pennsylvania, Wisconsin, Northwestern, Stanford, Iowa, Illinois, Minnesota, Cornell, Duke, and George Washington. Id.
239. The survey asked the following questions, which were not designed to elicit a "wish list" for the perfect LRW instructor, but rather to elicit information about the types of people who had been successful at teaching LRW. Author's Survey [hereinafter "1996 Survey"]. 1. What have you found to be the ideal academic qualifications for a successful LRW professor? 2. What have you found to be the ideal professional background for a successful LRW professor? 3. What have you found to be the most important interpersonal qualities or skills of a successful LRW professor? 4. Are there any particular personality characteristics or interpersonal styles that tend to work against a LRW professor? 5. In your experience, are LRW professors expected to have more interpersonal skills - diplomacy, tact, niceness - than doctrinal faculty and, if so, could you give an illustration (for example, are complaints about LRWs treated as more serious by the administration than complaints about non-LRW faculty?) 6. If any of the above questions have led you to want to make any other comments about LRW characteristics, please insert them here. Id. (survey and results in possession of author).
240. The top five "teacher producer schools" were Harvard, Yale, Columbia, Michigan, and Chicago, from which 33% of the nation's law professors had graduated. See Fossum, supra note 170, at 507. While these statistics are dated, there is little reason to believe that they have signifi-cantly changed, especially in light of the glut of teaching applicants and the dearth of teaching positions. See generally Richard White, The Gender and Minority Composition of New Law Teachers and AALS Appointments Register Candidates, 44 J. LEGAL EDUC. 424 (1994) (indicating 19.1% decline in number of law professors hired from 1991-1992 to 1993-1994).
241. See Fossum, supra note 170, at 510-11.
242. 1996 Survey, supra note 171. This job qualification was also found in a 1995 survey by Nancy Wright of Santa Clara University. Twenty schools out of 31 responding to Professor Wright's survey employed full-time LRW instructors. For the 1995-1996 school year, none of those schools were hiring 1995 graduates. Rather, all newly-hired LRW instructors had experience in the practice of law. Of 89 LRW instructors already employed at 18 of the responding schools, only three had as little as one year of practice. Most had between two and five years of practice; eight had six years or more. See Nancy Wright, Survey of First-Year Legal Analysis, Research & Writing Programs Taught by Full-Time Writing Faculty (1995) (unpublished survey in possession of author).
243. 1996 Survey, supra note 171. One respondent indicated she had been criticized for not being "warm and fuzzy enough" because LRW teachers - especially women -were expected to be nicer than other faculty members.
244. Id. A review of the qualifications listed in three Placement Bulletins of the Association of American Law Schools ("AALS"), dated Sept, 6, 1996, Sept, 27, 1996, and Oct. 11, 1996, revealed no notices for tenure-track teaching positions listing or even intimating that interpersonal skills in relating to students would be employment criteria. Two notices for LRW teachers did refer to this aspect of the job. Columbia's LRW notice solicited people "drawn to the intensive work with students that characterizes a legal writing and research course;" the University of San Diego's notice included in its LRW job duties "counseling individual students." AALS PLACEMENT BULL., Oct. 11, 1996, at 10-11. A notice from Suffolk University Law School, although not specifically mentioning the need to work intensively with students, characterized their three-year-and-out LRW position as "demanding and requiring a full-time commitment." AALS PLACEMENT BULL., Sept. 6, 1996, at 11. Anyone familiar with the LRW field would decode this to mean "requires intensive work with students."
245. Id. A review of the qualifications listed in three Placement Bulletins of the Association of American Law Schools ("AALS"), dated Sept, 6, 1996, Sept, 27, 1996, and Oct. 11, 1996, revealed no notices for tenure-track teaching positions listing or even intimating that interpersonal skills in relating to students would be employment criteria. Two notices for LRW teachers did refer to this aspect of the job. Columbia's LRW notice solicited people "drawn to the intensive work with students that characterizes a legal writing and research course;" the University of San Diego's notice included in its LRW job duties "counseling individual students." AALS PLACEMENT BULL., Oct. 11, 1996, at 10-11. A notice from Suffolk University Law School, although not specifically mentioning the need to work intensively with students, characterized their three-year-and-out LRW position as "demanding and requiring a full-time commitment." AALS PLACEMENT BULL., Sept. 6, 1996, at 11. Anyone familiar with the LRW field would decode this to mean "requires intensive work with students."
246. 1996 Survey, supra note 171. One can only imagine how many non-LRW teachers would be looking for new jobs if ego or arrogance disqualified them from teaching. One feminist journalist recently suggested that "[a] fair percentage of [elite law schools'] faculty could be characterized as full-blown egos on parade." DUSKY, supra note 148, at 117.
247. 1996 Survey, supra note 171. The worst anecdote came from a LRW professor (since moved on to tenure-track at another institution) about a complaint to the administration from a young first-year law student. The student, age 22, wrote to the administration explaining what was wrong with the LRW program. The administration's response was to call together all the LRW instructors, who collectively had 16 years of teaching experience, and demand that they devise a solution to the law student's problems. The person relaying this story characterized the incident as professionally humiliating. This institutional posture of affording less credibility to those who lack a powerful position has been noted in other contexts. Rosabeth Moss Kanter has noted that "power begets power" and mentions that the external status of an employee can distort other (more powerful people's) perceptions. ROSABETH M. KANTER, MEN AND WOMEN OF THE CORPORATION 168 (1977). For instance, workers who come into a group already possessing higher external status were better liked. Also, they spoke (and were spoken to) more often. In contrast, those with lower external status were perceived as talking more than they actually did. Of course being of a minority race has almost paradigmatically subjected even professionals to humiliation as a matter of course. See, e.g., Derrick Bell, The Price and Pain of Racial Perspective, in THE LAW AND HIGHER EDUCATION: CASES AND MATERIALS ON COLLEGES IN COURT 1038 (Michael Olivas ed., 1989) (describing how other Constitutional Law professors at Stanford took it upon themselves to give Bell's students "enrichment" lectures because they assumed that his unconventional approach to constitutional material evidenced not lack of a traditional point of view but, rather, lack of competence).
248. 1996 Survey, supra note 171. The worst anecdote came from a LRW professor (since moved on to tenure-track at another institution) about a complaint to the administration from a young first-year law student. The student, age 22, wrote to the administration explaining what was wrong with the LRW program. The administration's response was to call together all the LRW instructors, who collectively had 16 years of teaching experience, and demand that they devise a solution to the law student's problems. The person relaying this story characterized the incident as professionally humiliating. This institutional posture of affording less credibility to those who lack a powerful position has been noted in other contexts. Rosabeth Moss Kanter has noted that "power begets power" and mentions that the external status of an employee can distort other (more powerful people's) perceptions. ROSABETH M. KANTER, MEN AND WOMEN OF THE CORPORATION 168 (1977). For instance, workers who come into a group already possessing higher external status were better liked. Also, they spoke (and were spoken to) more often. In contrast, those with lower external status were perceived as talking more than they actually did. Of course being of a minority race has almost paradigmatically subjected even professionals to humiliation as a matter of course. See, e.g., Derrick Bell, The Price and Pain of Racial Perspective, in THE LAW AND HIGHER EDUCATION: CASES AND MATERIALS ON COLLEGES IN COURT 1038 (Michael Olivas ed., 1989) (describing how other Constitutional Law professors at Stanford took it upon themselves to give Bell's students "enrichment" lectures because they assumed that his unconventional approach to constitutional material evidenced not lack of a traditional point of view but, rather, lack of competence).
249. See Rombauer, supra note 134, at 407-09.
250. Denise D. Bielby & William T. Bielby, She Works Hard for the Money: Household Responsibilities and the Allocation of Work Effort, 93 AM. J. Soc. 1031, 1050 (1988).
251. See THE EXPERIENCE & MEANING OF WORK IN WOMEN'S LIVES 3 (Hildreth Y. Grossman & Nia L. Chester eds., 1990) (historical perspective on women's unvalued, silent work).
252. Ronnie J. Steinberg, Social Construction of Skill: Gender, Power, and Comparable Worth, 17 WORK AND OCCUPATIONS 449, 452-53 (1990) (indicating that employers will take advantage of skills women gain through domestic work by hiring them for low paying jobs in caretaking and housekeeping).
253. Cynthia Tuell, Composition Teaching as "Women's Work": Daughters, Handmaids, Whores, and Mothers, in WRITING OURSELVES INTO THE STORY: UNHEARD VOICES FROM COMPOSITION STUDIES 123 (Sheryl I. Fontaine & Susan Hunter eds., 1993).
254. Id. at 126.
255. For another discussion of writing teachers being viewed as the analogue of "household drudges," see ENOS, supra note 22, at 54 (commenting that "all teachers, regardless of gender, who primarily teach basic writing are classified the 'women' of the workplace . . . because, regardless of one's actual gender, everyone 'knows' that basic writing teachers are the ones who only 'clean up'").
256. PHYLLIS PALMER, DOMESTICITY AND DIRT: HOUSEWIVES AND DOMESTIC SERVANTS IN THE UNITED STATES, 1920-1945, 41 (1989).
257. See Tuell, supra note 183, at 129.
258. Hildreth Y. Grossman & Abigail J. Stewart, Women's Experience of Power over Others: Case Studies of Psychotherapists and Professors, in THE EXPERIENCE & MEANS OF WORK IN WOMEN'S LIVES 13 (Hildreth Y. Grossman & Nia L. Chester eds., 1990) (comparing "helping professions" to motherhood).
259. Id.
260. ARLIE R. HOCHSCHILD, THE MANAGED HEART: COMMERCIALIZATION OF HUMAN FEELING 7 (1983).
261. Id. at 8.
262. "[N]ontenure-track faculty often shoulder heavier teaching loads and lack institutionalized rewards for publication . . . . " Deborah J. Merritt & Barbara F. Reskin, The Double Minority: Empirical Evidence of a Double Standard in Law School Hiring of Minority Women, 65 S. CAL. L. REV. 2299, 2319 (1992).
263. For a discussion of the idea that first-year LRW teachers should not be placed into a counseling role, see Margit Livingston, Legal Writing and Research at DePaul University: A Program in Transition, 44 ALB. L. REV. 344, 349 (1980).
264. Jack Achtenberg, Legal Writing and Research: The Neglected Orphan of the First Year, 29 U. MIAMI L. REV. 218 (1975).
265. Id. at 223.
266. See generally Gale, supra note 76 (describing first-year writing programs and calling for expanding writing offerings beyond first year); Silecchia, supra note 151, at 253-57 (describing multitude of skills covered in first-year legal writing courses and citing numerous articles describing LRW courses at variety of schools).
267. See Gale, supra note 76, at 321, and sources cited therein.
268. Thirty-two students comprised a lighter teaching load than the more typical 50-65 students per LRW teacher. A reduction in teaching load is common for a writing program director whose administrative duties consume a considerable number of hours each week.
269. Levine, Voices, supra note 123, at 545 n.60.
270. LOUISE HARMON & DEBORAH W. POST, CULTIVATING INTELLIGENCE: POWER, LAW, AND THE POLITICS OF TEACHING 96-97 (1996) (emphasis added). To her credit, Professor Harmon (and her co-author, Professor Post) show real concern for the impact upon students of many aspects of typical legal educational practices. Professor Harmon's exhaustion from paper grading, for instance, is compounded by the seriousness with which she also grades her students' bluebook exams. She believes that "any grader should make up a model answer for an exam, draft an assessment sheet that reflects what is being tested for . . . [and] make written comments, . and be able to justify each grade . . . . Every semester, it takes me several weeks to grade my exams . . . ." Id. at 98-99. Apparently, her grading takes more time than does that of several of her colleagues.
271. LOUISE HARMON & DEBORAH W. POST, CULTIVATING INTELLIGENCE: POWER, LAW, AND THE POLITICS OF TEACHING 96-97 (1996) (emphasis added). To her credit, Professor Harmon (and her co-author, Professor Post) show real concern for the impact upon students of many aspects of typical legal educational practices. Professor Harmon's exhaustion from paper grading, for instance, is compounded by the seriousness with which she also grades her students' bluebook exams. She believes that "any grader should make up a model answer for an exam, draft an assessment sheet that reflects what is being tested for . . . [and] make written comments, . and be able to justify each grade . . . . Every semester, it takes me several weeks to grade my exams . . . ." Id. at 98-99. Apparently, her grading takes more time than does that of several of her colleagues.
272. Susan J. Adams, Because They're Otherwise Qualified: Accommodating Learning Disabled Law Student Writers, 46 J. LEGAL EDUC. 189, 206 (1996).
273. Id. at 207-08.
274. See, e.g., Frances A. McMorris, Number of Law Graduates Slips; Schools Reduce Seats in Classes, WALL ST. J., Nov. 29, 1996, at B-5, available in 1996 WL 11807765 (discussing several schools that have cut back on size of their entering class and noting that some schools are "aggressively" competing for top students).
275. Indeed, one new law school specifically aims to create a more humane, personalized environment for its students. See Fischer, supra note 163, and articles cited therein concerning Chapman University School of Law's mission. The importance of personalized attention can be seen by flipping through any edition of the Princeton Review of Law Schools. While these "survey" type publications are disdained by many faculty members and deans, prospective law students, particularly those who know they are not candidates for elite schools, are likely to give them some weight in decision where to apply and where to attend.
276. Beyond the scope of this Article is a discussion of the ethical and political concerns suggested by women and minority non-LRW faculty either actively espousing or passively accepting the marginalized status and uncompensated work of LRW faculty. Their failure to protest inequality is reminiscent of middle-class women using the labor of lower-class (often minority) women in order to better themselves. See Evelyn N. Glenn, From Servitude to Service Work: Historical Continuities in the Racial Division of Paid Reproductive Labor, 18 SIGNS: J. WOMEN IN CULTURE & SOC'Y 1 (1992). As Professor Glenn puts it, [i]n the domestic sphere, instead of questioning the inequitable gender division of labor, [middle-class women] sought to slough off the more burdensome tasks onto more oppressed groups of women .... If the heavy parts of household work could be transferred to paid help, the middle-class housewife could fulfil her domestic duties, yet distance herself from the physical labor and dirt and also have time for personal development. Id. at 7, 8 (emphasis added) (citation omitted). A similar dynamic might be at work in law schools, making it to the advantage of non-LRW female or minority teachers not to work toward advancing the status of the LRWs. Since academic women and minorities have been called upon to do more than their share of the emotional work, it could be beneficial to have people with less institutional power onto whom they can "slough it off," freeing their time for the scholarship that is likely to count toward one's own professional advancement in the institution. For a similar point concerning the self-interest of English faculty members in keeping composition teachers marginalized, see Kristine Hansen, Face to Face with Part-Timers - Ethics and the Professionalization of Writing Faculties, in RESITUATING WRITING: CONSTRUCTING AND ADMINISTERING WRITING PROGRAMS 23, 26 (Joseph Janangelo & Kristine Hansen eds., 1995).
277. Beyond the scope of this Article is a discussion of the ethical and political concerns suggested by women and minority non-LRW faculty either actively espousing or passively accepting the marginalized status and uncompensated work of LRW faculty. Their failure to protest inequality is reminiscent of middle-class women using the labor of lower-class (often minority) women in order to better themselves. See Evelyn N. Glenn, From Servitude to Service Work: Historical Continuities in the Racial Division of Paid Reproductive Labor, 18 SIGNS: J. WOMEN IN CULTURE & SOC'Y 1 (1992). As Professor Glenn puts it, [i]n the domestic sphere, instead of questioning the inequitable gender division of labor, [middle-class women] sought to slough off the more burdensome tasks onto more oppressed groups of women .... If the heavy parts of household work could be transferred to paid help, the middle-class housewife could fulfil her domestic duties, yet distance herself from the physical labor and dirt and also have time for personal development. Id. at 7, 8 (emphasis added) (citation omitted). A similar dynamic might be at work in law schools, making it to the advantage of non-LRW female or minority teachers not to work toward advancing the status of the LRWs. Since academic women and minorities have been called upon to do more than their share of the emotional work, it could be beneficial to have people with less institutional power onto whom they can "slough it off," freeing their time for the scholarship that is likely to count toward one's own professional advancement in the institution. For a similar point concerning the self-interest of English faculty members in keeping composition teachers marginalized, see Kristine Hansen, Face to Face with Part-Timers - Ethics and the Professionalization of Writing Faculties, in RESITUATING WRITING: CONSTRUCTING AND ADMINISTERING WRITING PROGRAMS 23, 26 (Joseph Janangelo & Kristine Hansen eds., 1995).
278. Beyond the scope of this Article is a discussion of the ethical and political concerns suggested by women and minority non-LRW faculty either actively espousing or passively accepting the marginalized status and uncompensated work of LRW faculty. Their failure to protest inequality is reminiscent of middle-class women using the labor of lower-class (often minority) women in order to better themselves. See Evelyn N. Glenn, From Servitude to Service Work: Historical Continuities in the Racial Division of Paid Reproductive Labor, 18 SIGNS: J. WOMEN IN CULTURE & SOC'Y 1 (1992). As Professor Glenn puts it, [i]n the domestic sphere, instead of questioning the inequitable gender division of labor, [middle-class women] sought to slough off the more burdensome tasks onto more oppressed groups of women .... If the heavy parts of household work could be transferred to paid help, the middle-class housewife could fulfil her domestic duties, yet distance herself from the physical labor and dirt and also have time for personal development. Id. at 7, 8 (emphasis added) (citation omitted). A similar dynamic might be at work in law schools, making it to the advantage of non-LRW female or minority teachers not to work toward advancing the status of the LRWs. Since academic women and minorities have been called upon to do more than their share of the emotional work, it could be beneficial to have people with less institutional power onto whom they can "slough it off," freeing their time for the scholarship that is likely to count toward one's own professional advancement in the institution. For a similar point concerning the self-interest of English faculty members in keeping composition teachers marginalized, see Kristine Hansen, Face to Face with Part-Timers - Ethics and the Professionalization of Writing Faculties, in RESITUATING WRITING: CONSTRUCTING AND ADMINISTERING WRITING PROGRAMS 23, 26 (Joseph Janangelo & Kristine Hansen eds., 1995).
279. William T. Bielby & James N. Baron, Undoing Discrimination: Job Integration and Comparable Worth, in INGREDIENTS FOR WOMEN'S EMPLOYMENT POLICY 211, 221 (Christine Bose & Glenna Spitze eds., 1987).
280. See, e.g., Steinberg, supra note 182, at 451 (describing employer control over production as result of unilateral choice by employer).
281. Arguably, the school can also take blame for the permanent "brake" that this lack of support for scholarship puts on the careers of those in non-tenure track positions. Reskin and Merritt, having noted that minority women had the highest percentage of non-tenure track starting positions in law schools, commented that "since the number of years in a particular rank can affect both salary and seniority, minority women are likely to carry a lasting legacy of their low-status starting positions" and "the years minority women spend off the tenure tack may unfairly depress their scholarly achievements." Merritt & Reskin, supra note 192, at 2319 (emphasis added).
282. Unless, of course, every member of the faculty has to write and publish before being put on the tenure-track rather than being hired on tenure-track based on their promise of future scholarship and then, upon production of scholarship, receiving tenure. Although non-tenure-track LRW instructors "should not have to write," it is worth noting that many of them have written. The LRW literature continues to grow, much of it written by LRWs not on tenure-track.
283. William F. McHugh, Faculty Unionism and Tenure, in COMMISSION ON ACADEMIC TENURE IN HIGHER EDUCATION, FACULTY TENURE 194 (1973).
284. Id. at 195.
285. Id.
286. Id.
287. At most law schools, the head librarian is a tenure-track or tenured faculty member even though many of them do not teach at all and their scholarship may be more related to research technology, resources, and processes than to esoteric legal theories.
288. DUNCAN KENNEDY, LEGAL EDUCATION AND THE REPRODUCTION OF HIERARCHY - A POLEMIC AGAINST THE SYSTEM 1 (1983).
289. Former Yale Law School Dean Harry H. Wellington deplored the deprecation of law practice by ivory-towered academics, stating "students find themselves - or at least many do - much less interested than their instructors in the subject of their courses and worried, as a result of their mentor's disdain, about their own professional future." Harry H. Wellington, Challenges to Legal Education: The "Two Cultures" Phenomenon, 37 J. LEGAL EDUC. 327, 329 (1987). Dean Wellington goes on to suggest that tenure is what protects professors' positions despite their lack of sensitivity to students' needs to learn how to be a lawyer. Id.
290. Former Yale Law School Dean Harry H. Wellington deplored the deprecation of law practice by ivory-towered academics, stating "students find themselves - or at least many do - much less interested than their instructors in the subject of their courses and worried, as a result of their mentor's disdain, about their own professional future." Harry H. Wellington, Challenges to Legal Education: The "Two Cultures" Phenomenon, 37 J. LEGAL EDUC. 327, 329 (1987). Dean Wellington goes on to suggest that tenure is what protects professors' positions despite their lack of sensitivity to students' needs to learn how to be a lawyer. Id.
291. '"In strong universities, assuring freedom from intellectual conformity coerced within the institution is even more of a concern than is the protection of freedom from external interference.'" Perry A. Zirkel, Personality as a Criterion for Faculty Tenure: The Enemy It Is Us, 33 CLEV. ST. L. REV. 223, 230 (1985) (quoting Kingman Brewster, On Tenure, 58 AM. ASS'N UNIV. PROFS. BULL. 381, 382 (1972)).
292. '"In strong universities, assuring freedom from intellectual conformity coerced within the institution is even more of a concern than is the protection of freedom from external interference.'" Perry A. Zirkel, Personality as a Criterion for Faculty Tenure: The Enemy It Is Us, 33 CLEV. ST. L. REV. 223, 230 (1985) (quoting Kingman Brewster, On Tenure, 58 AM. ASS'N UNIV. PROFS. BULL. 381, 382 (1972)).
293. One former LRW instructor - long since tenured at another institution - recalls telling a former non-LRW professor, who indicated that LRWs did not need tenure because they did not need the academic freedom it protected, that she had not sought nor had she found a way to keep ideas out of her classroom.
294. See Hunter, supra note 147, at 72.
295. See Stuart C. Brown et al., Doctoral Programs in Rhetoric and Composition: A Catalog of the Profession, 12 RHETORIC REV. 240 (1994) (providing overview of 72 doctoral programs in rhetoric and composition studies).
296. Id. at 242. As might be predicted, 15 of the 17 non-tenure-track faculty members were female.
297. For a provocative analysis of how the science of linguistics is analogous to that of law, see PETER GOODRICH, LEGAL DISCOURSE: STUDIES IN LINGUISTICS, RHETORIC & LEGAL ANALYSIS 11-12 (1996) (noting that "it is logical to view linguistics as the precedent or more fundamental science of which jurisprudence would be but one instance, a species of the genus language").
298. See generally JAMES MILROY & LESLEY MILROY, AUTHORITY IN LANGUAGE: INVESTIGATING LANGUAGE PRESCRIPTION & STANDARDIZATION (2d ed. 1992).
299. Peter Applebome, School District Elevates Status of Black English, N.Y. TIMES, Dec. 20, 1996, at A18.
300. James Bennet, Administration Rejects Black English as a Second Language, N.Y. TIMES, Dec. 25, 1996, at A22.
301. AMERICAN ASS'N OF UNIV. PROFESSORS, ACADEMIC FREEDOM AND TENURE, 1940 STATEMENT OF PRINCIPLES AND INTERPRETIVE COMMENTS 3 (1967) (emphasis added). The principles indicate that any person who teaches full-time in an institution of higher education, regardless of her rank, should have permanent or continuous tenure after the expiration of a probationary period which should not exceed seven years.
302. AMERICAN ASS'N OF UNIV. PROFESSORS, REPORT OF THE SPECIAL COMMITTEE ON ACADEMIC PERSONNEL INELIGIBLE FOR TENURE 44 (1969).
303. Indeed, the LRW surveys indicate that law schools are going backward when it comes to LRW compensation. In the 1992 survey, only 12% of schools reported their regular faculty on average earned over $30,000 more than their LRW faculty. 1992 Survey, supra note 18, at 18. In 1994, 51% of schools reported that high of an earnings gap. See 1994 Survey, supra note 15. Professor Ramsfield also points out the paradox of LRW salaries declining proportionate to that of regular faculty since LRW instructors typically have been practicing law for a number of years. While regular faculty salaries historically have been based on "years out of law school," that formula seems to evaporate when the salary of a LRW instructor is being constructed. Ramsfield, supra note 15.
304. Hunter, supra note 147, at 78.
305. Philip N. Meyer, Confessions of a Legal Writing Instructor, 46 J. LEGAL EDUC. 27 (1996). Professor Meyer's gypsy-like existence was required because the schools at which he worked had caps on the number of years one could teach LRW.
306. Writing about his experience during an interview for a non-LRW teaching job, Professor Meyer says, "I felt that, at least in this man's eyes [a law professor at the hiring law school] I was merely a mock-teacher, a pretender, completely second-rate. . . . I knew . . . that every year I had less chance of securing a tenure-track slot." Id. at 28.
307. Id. at 38 ("[I]t was painful work. . . . The same thing over and over and over. Like penance.")
308. Id. at 39 (discussing author's anguish over teaching principles and processes in which he did not fully believe).
309. "With some students, the conferences were deeply psychological, like therapy sessions with the lost, the desperate, and the confused (a good title, perhaps, for a paper about legal writing: 'The Lost, the Desperate, and the Confused.')" Id. at 38.
310. Though, along with long-suffering Job, one may well ask "how long [Lord] will ye vex my soul?" Job 19:2. Ironically, one factor that may slow down change is recent action by the American Bar Association that afforded some professional recognition to LRW instructors. ABA-accredited law schools may now "count" LRW instructors who are not on tenure track or "its equivalent" as 0.7 of a full-time faculty member for purposes of calculating faculty-student ratios. ABA STANDARDS - INTERPRETATION 402(4)(1)(A)(ii) (1996); cf. U.S. CONST, art. I, § 2, cl. 3 (deeming "free persons" as one person and slaves as three-fifths of a person). If schools are paying LRW instructors less than 70% of the salary of a tenure-track entry-level professor, which is not uncommon, then it may be in the schools' economic interests to bolster their faculty-student ratio with cheaper LRW bodies. Previously, when LRW faculty could not be "counted" at all, there was political pressure to completely allocate money out of the LRW program and pour it into a tenure-track position. If the school needed to offer LRW instruction, this political pressure could have tipped the scales in favor of making an LRW slot itself tenure-track so LRW could be taught and those who taught it could be counted.
311. This professional debasement can sink to low depths indeed. I have known women who, after leaving LRW, talked of having been "battered" by the institutional hostility toward the subject and lack of respect afforded its teachers. Another wondered how her former tenured and tenure-track colleagues "dared" to look down upon her. An environment this debilitating arguably could be characterized as a "hostile working environment." Feminist theorist Annette Kolodny, writing about hostility toward feminism in the academy, recently coined the phrase "antifeminist intellectual harassment to designate policies or behaviors that, inter alia, create 'an environment in which research, scholarship, and teaching pertaining to women, gender, or gender inequities are devalued, discouraged, or altogether thwarted.'" Annette Kolodny, Paying the Price of Antifeminist Intellectual Harassment, in ANTI-FEMINISM IN THE ACADEMY 3, 10 (VeVe Clark et al. eds., 1996). It may be time to coin a new phrase: "anti-LRW intellectual harassment."
312. It is worth asking why law schools are so resistant to allowing their LRW teachers, many of whom have experience as practicing attorneys, to get out of the LRW classroom and into another. One reason might be for non-LRW teachers to maintain their own sense of superiority. Each professor is likely to be convinced of the superiority of his own specialties and worried that once an LRW instructor sampled the Parisian delights of teaching, say, securities regulations, she could nevermore be kept "down on the LRW farm." It might be quite a blow to a doctrinal professor's ego to realize that someone else found his choice of subject matter dreary or useless.
313. I am aware of the dangers of using the term "aspiration" in discussing the possibility of an LRW's interest in moving out of LRW into a doctrinal field or in combining the two. I do not wish to imply that, objectively, doctrinal specialization is superior to specializing in LRW. It is, however, different. Moreover, most law teachers view doctrinal specialization as superior to LRW teaching. My concern is that LRW teachers may suspect that perhaps LRW is somehow a lightweight task and begin to think that, even if they wanted to teach something else, they would be incapable of doing it.
314. See Vicki Schultz, Telling Stories About Women and Work: Judicial Interpretation of Sex Segregation in the Workplace in Title VII Cases Raising the Lack of Interest Argument, 103 HARV. L. REV. 1749, 1816-24 (1990), and sources cited therein (discussing how preferences for various jobs can be shaped by opportunities to apply for and actually perform those jobs).
315. See generally SHIRLEY S. ANGRIST & ELIZABETH M. ALMQUIST, CAREERS AND CONTINGENCIES: How COLLEGE WOMEN JUGGLE WITH GENDER 125-45 (1975).
316. See the discussion of the stabilization of work role identity in MARY L. WALSHOK, BLUE COLLAR WOMEN: PIONEERS ON THE MALE FRONTIER 115-53 (1981). For an impressive personal narrative of the effects of opportunity on aspiration and achievement, see KATHARINE GRAHAM, PERSONAL HISTORY (1996). Ms. Graham, the renowned publisher of the Washington Post, who was responsible for the paper's national prominence, lived for years as a dutiful unassuming and voiceless woman, silenced by the emotionally-disabling attitudes of her husband and mother, both of whom viewed and treated her as inconsequential. When her husband died, she assumed control of the newspaper "temporarily," while she found someone to run it. Instead, she found she enjoyed and excelled at the work. The rest, as they say, is history.
317. See the discussion of the stabilization of work role identity in MARY L. WALSHOK, BLUE COLLAR WOMEN: PIONEERS ON THE MALE FRONTIER 115-53 (1981). For an impressive personal narrative of the effects of opportunity on aspiration and achievement, see KATHARINE GRAHAM, PERSONAL HISTORY (1996). Ms. Graham, the renowned publisher of the Washington Post, who was responsible for the paper's national prominence, lived for years as a dutiful unassuming and voiceless woman, silenced by the emotionally-disabling attitudes of her husband and mother, both of whom viewed and treated her as inconsequential. When her husband died, she assumed control of the newspaper "temporarily," while she found someone to run it. Instead, she found she enjoyed and excelled at the work. The rest, as they say, is history.
318. See RUTH MILKMAN, GENDER AT WORK: THE DYNAMICS OF JOB SEGREGATION BY SEX DURING WORLD WAR II 101-04 (1987).
319. And then, again, it might not. One cannot help but wonder what fears fuel doctrinal faculty's resistance to allowing LRW professors to teach even the most basic non-LRW courses.
320. Brown v. Board of Educ., 347 U.S. 483,494 n.11 (1954) (discussing impact of segregation on African-American children; concluding that separation denoted inferiority which retarded educational achievement).
321. ENOS, supra note 22, at 35-36.
322. A more expansive and creative definition of scholarship could, of course, be instituted - a definition that would enable anyone producing course materials to "count" them as scholarship. See ERNEST BOYER, SCHOLARSHIP RECONSIDERED: PRIORITIES FOR THE PROFESSORIATE (1990).
323. See Banks & Gross, supra note 162, at 529-34; see also Guinier et al., supra note 162.
324. ELUSIVE EQUALITY, supra note 2, at 1.
325. For a moving essay on the academic career of a now-retired female law professor, see Ellen K. Silencer, The Story of a Self-Effacing Feminist Law Professor, 4 J. GENDER & THE LAW 249 (1995) (explaining how she "fell into" a law career and describing her painful struggle to achieve academic equality and respect within the legal academy).
326. This problem is not unique to law teaching. See AISENBERG & HARRINGTON, supra note 158, at 75 (discussing women's concerns about negative student reactions to them as teachers).
327. ELUSIVE EQUALITY, supra note 2, at 25.
328. Id. at 32.
329. Id. at 27.
330. Id. at 31-32; accord AISENBERG & HARRINGTON, supra note 158, at 105; Carl Tobias, Engendering Law Faculties, 44 U. MIAMI L. REV. 1143, 1150 (1990).
331. Id. at 31-32; accord AISENBERG & HARRINGTON, supra note 158, at 105; Carl Tobias, Engendering Law Faculties, 44 U. MIAMI L. REV. 1143, 1150 (1990).
332. For a discussion of women faculty members' extra difficulties in overcoming the presumption that they are incompetent to teach law, see Christine H. Farley, Confronting Expectations: Women in the Legal Academy, 8 YALE J.L. & FEMINISM 333 (1996).
333. See, e.g., Shirley N. Garner, Transforming Antifeminist Culture in the Academy, in ANTIFEMINISM IN THE ACADEMY 201, 212 (VeVe Clark et al. eds., 1996) ("Regardless of their positions, women tend to feel overworked, undervalued, and peripheral in their departments or units . . . [t]here are persistent problems of 'hidden' workloads for women. . . . Average female teachers are sometimes judged more harshly than their average male counterparts . . . .").
334. Women in the legal profession can ill afford jobs threatening to their self-esteem. Studies have shown that women's self esteem begins to suffer during law schools. Forty percent of women but only 16% of men reported feeling less articulate and intelligent after attending law school. ELUSIVE EQUALITY, supra note 2, at 12; see also Joan M. Krauskopf, Touching the Elephant: Perceptions of Gender Issues in Nine Law Schools, 44 J. LEGAL EDUC. 311, 334 (1994) (reporting on survey of women law students and showing women exhibited greater erosion in self-confidence as result of legal education than did men).
335. Women in the legal profession can ill afford jobs threatening to their self-esteem. Studies have shown that women's self esteem begins to suffer during law schools. Forty percent of women but only 16% of men reported feeling less articulate and intelligent after attending law school. ELUSIVE EQUALITY, supra note 2, at 12; see also Joan M. Krauskopf, Touching the Elephant: Perceptions of Gender Issues in Nine Law Schools, 44 J. LEGAL EDUC. 311, 334 (1994) (reporting on survey of women law students and showing women exhibited greater erosion in self-confidence as result of legal education than did men).
336. ELUSIVE EQUALITY, supra note 2, at 7 (expressing opinion that women must become more prominent in academy partially because of their important position as role models for future lawyers).
337. Angela P. Harris, On Doing the Right Thing: Education Work in the Academy, 15 VT. L. REV. 125 (1990).
338. Id. at 125.
339. Id. at 133. Indeed, since the job of writing this Article itself has been educational work on behalf of LRWs, I can personally attest to the alienating and exhausting nature of the enterprise.
340. Again, the same need for "education work" occurs in the relationship between rhetoric/composition professors and literature professors in university English departments. One tenure-track female professor told Professor Theresa Enos that it is "'demoralizing' . . . when comp people must defend the view that composition is a legitimate element in English departments. It's tiring and discouraging to be seen as a 'stepchild' of literature. The division between composition and literature is counterproductive to collegiality . . . ." ENOS, supra note 22, at 39.
341. See Warning No. 2, infra.
342. THE POLITICS OF LEGAL WRITING: PROCEEDINGS OF A CONFERENCE FOR LEGAL RESEARCH AND WRITING PROGRAM DIRECTORS 12 (Jan M. Levine et al. eds., 1995) (comments of Professor Levine in Plenary Session: Status and Salary). Professor Levine notes that about 83 schools of the 130 responding to the 1994 LRW survey have program directors. Assuming that this 63% would be accurate for the 178 ABA-accredited law schools, then about 114 schools would have legal writing directors. But see Ramsfield, supra note 15, indicating that 83% of the schools responding to the survey have program directors. This percentage would suggest that as many as 147 schools could have program directors.
343. See Levine, Voices, supra note 123, at 544-48 (discussing particular problem of having to meet all tenure criteria of non-LRW/non-administrator faculty while being given no credit toward tenure for administrative work).
344. If not wage equity, then at least a substantially higher salary than non-tenure-track LRW teachers. The 1994 LRW survey results showed salaries for full-time tenure track LRW teachers as follows: Two were paid between $40,000 and $50,000; seven between $50,000 and $60,000; three between $60,000 and 70,000; two between $70,000 and $80,000; and one over $80,000. In contrast, most full-time non-tenure-track LRW teachers earned $40,000 or less. Fourteen earned between $25,000 and $30,000; 40 earned between $30,000 and $40,000; 14 earned between $40,000 and $50,000; four earned between $50,0000 and $60,000; and one earned over $60,000. 1994 Survey, supra note 15, at questions 43 & 44. Directors' salaries tended to be higher, with 47% of directors earning $40,000 or more and 33 directors earning $60,000 or more, with 11 directors earning over $80,000. Since 43 of the directors responding were tenure-track, it seems likely that the highest salaries were paid to them.
345. KANTER, supra note 178.
346. Id. at 247.
347. Id. at 170.
348. Id. at 186.
349. Id. at 187-88.
350. Id. at 188.
351. Id. at 168. Isolation is an especially potent stress factor. Kanter notes that being a "token" in the organization (for instance, a director with a long-term contract while the rest of the LRW staff are on short-term contracts that have a limit on the number of times they can be renewed) can create such stressful interaction that the token can feel more stress when socializing with the dominant group (which should be the time to relax) than when working. Id. at 238.
352. JON HUER, TENURE FOR SOCRATES: A STUDY IN THE BETRAYAL OF THE AMERICAN PROFESSOR 3 (1991).
353. DUSKY, supra note 148, at 85.
354. One can analogize the LRW director's position to that of a university department chair, a position that involves exercising numerous skills and juggling competing demands. For a discussion of the need for real institutional power in order to handle the demands of chairing an academic department, see ALLAN TUCKER, CHAIRING THE ACADEMIC DEPARTMENT: LEADERSHIP AMONG PEERS 1-26 (1984). Tucker lists the following 28 possible roles that chairpersons are likely to assume at one time or another in handling their responsibilities: teacher, mentor, researcher, leader, planner, manager, advisor-counselor, mediator-negotiator, delegator, advocator, representer, communicator, evaluator, motivator, supervisor, coordinator, anticipator, innovator, peacemaker, organizer, decision maker, problem solver, recommender, implementor, facilitator, entrepreneur, recruiter, peer-colleague. Id. at 4. LRW directors, too, must juggle some or all of these roles. For more details of a director's job, see Arrigo-Ward, supra note 157, at 571-75; Levine, Directing, supra note 123, at 613-38.
355. One can analogize the LRW director's position to that of a university department chair, a position that involves exercising numerous skills and juggling competing demands. For a discussion of the need for real institutional power in order to handle the demands of chairing an academic department, see ALLAN TUCKER, CHAIRING THE ACADEMIC DEPARTMENT: LEADERSHIP AMONG PEERS 1-26 (1984). Tucker lists the following 28 possible roles that chairpersons are likely to assume at one time or another in handling their responsibilities: teacher, mentor, researcher, leader, planner, manager, advisor-counselor, mediator-negotiator, delegator, advocator, representer, communicator, evaluator, motivator, supervisor, coordinator, anticipator, innovator, peacemaker, organizer, decision maker, problem solver, recommender, implementor, facilitator, entrepreneur, recruiter, peer-colleague. Id. at 4. LRW directors, too, must juggle some or all of these roles. For more details of a director's job, see Arrigo-Ward, supra note 157, at 571-75; Levine, Directing, supra note 123, at 613-38.
356. I am not alone in having killed a potential conversation with another academic by replying "LRW" when asked, "What is your field?" Several LRW colleagues have mentioned what a show stopper this answer is.
357. Jan Levine quotes one director as saying "[i]f there are no problems, the school is happy and not interested in administration. My autonomy is total, as long as there are no complaints." Levine, Voices, supra note 123, at 547 (emphasis added).
358. For a discussion of why LRW positions are worthy of being considered tenurable, see supra notes 89-114 and accompanying text.
359. For a general discussion of the stress accompanying multiple competing job demands, see Robert L. Kahn & Robert P. Quinn, Role Stress: A Framework for Analysis, in MENTAL HEALTH AND WORK ORGANIZATIONS 50, 50-115 (1970).
360. For a specific study illustrating the stresses inherent in a job with too many competing demands, see Harold L. Nix & Frederick L. Bates, Occupational Role Stresses: A Structural Approach, in THE SOCIAL DIMENSIONS OF WORK 559 (Clifton D. Bryant ed., 1972) (describing situational factors causing stress among vocational agricultural teachers in rural community's pilot educational program).
361. KANTER, supra note 178, at 140. Amazingly, there are tenured faculty who remain oblivious to the very real difference between being a contract employee with potentially endlessly renewable contracts and being tenured. I am not the only LRW professional who has been faced with a tenured colleague saying something like "well, you know, what you have is 'just like tenure.' Having tenure would make no difference except you'd have to serve on more committees. Big deal." One LRW colleague (now a tenure-track director but previously a director with a non-tenure-track contract) squelched such observations with the retort: "You're probably right, so let's swap: I'll be tenured and you can be a contract employee."
362. See Levine, Voices, supra note 123, at 544-50 (discussing need for revised tenure criteria for tenure-track directors). Recently, some educational theorists have suggested that the notion of "scholarship" needs to be broadened to encompass a wider range of activities and contributions to the institution. See generally Robert Schwegler et al., WPA Executive Comm'n, Evaluating the Intellectual Work of Writing Program Administrators: A Draft, in 20 WRITING PROGRAM ADMIN. 92 (1996) (offering detailed description of writing administration and explaining ways in which it is intellectual work). See also ERNEST L. BOYER, SCHOLARSHIP RECONSIDERED: PRIORITIES FOR THE PROFESSORIATE 15-16 (1990) (discussing what he terms "scholarship of administration").
363. See Levine, Voices, supra note 123, at 544-50 (discussing need for revised tenure criteria for tenure-track directors). Recently, some educational theorists have suggested that the notion of "scholarship" needs to be broadened to encompass a wider range of activities and contributions to the institution. See generally Robert Schwegler et al., WPA Executive Comm'n, Evaluating the Intellectual Work of Writing Program Administrators: A Draft, in 20 WRITING PROGRAM ADMIN. 92 (1996) (offering detailed description of writing administration and explaining ways in which it is intellectual work). See also ERNEST L. BOYER, SCHOLARSHIP RECONSIDERED: PRIORITIES FOR THE PROFESSORIATE 15-16 (1990) (discussing what he terms "scholarship of administration").
364. RECOGNIZING FACULTY WORK: REWARD SYSTEM FOR THE YEAR 2000, 115-18 (Robert M. Diamond & Bronwyn E. Adams eds., 1993).
365. Id.
366. Id. Accord ENOS, supra note 22, at 47.
367. Wallace D. Loh, Law Faculty in the 21st Century: Responding to Megatrends and New Realities, AALS: THE NEWSLETTER, Nov. 1996, at 1, 2-7.
368. Segal, supra note 110, at A1.
369. Perhaps even especially law. For example, the Regents of the University of California voted two years ago to stop subsidizing professional education. Whereas until 1993 California residents paid no more for a year at a University of California law school or medical school than for a year of undergraduate education, that subsidy has ended. Fees are on the rise and will ultimately reach parity with private law schools in the state. See Ben Wildovsky, UC Regents Raise Some Fees Sharply, SAN FRANCISCO CHRON., Mar. 18, 1995, at A19.
370. Segal, supra note 110, at A2 (noting pressures for greater competence of new graduates in practice skills, professional values, and ethical responsibilities).
371. The University of Michigan, however, which is always listed as a top 10 law school, two years ago adopted a full-time LRW instructor model.
372. AALS president Loh seems to have accepted that the will is not there, as he asks, "What is the effect of an academic underclass - permanently untenured and growing, [in] a dual labor market - on the future of tenure and on an institutions's sense of community?" Loh, supra note 287, at 6 (emphasis added).
373. MICHAEL WALZER, SPHERES OF JUSTICE: A DEFENSE OF PLURALISM AND EQUALITY (1983).
374. Id. at 165. While work like collecting garbage springs immediately to mind, Professor Walzer points out that traditional women's work - such as, cleaning, cooking, caring for the young, old, and ill - has also been disdained by men as unrewarding. Id.
375. Id. at 165. While work like collecting garbage springs immediately to mind, Professor Walzer points out that traditional women's work - such as, cleaning, cooking, caring for the young, old, and ill - has also been disdained by men as unrewarding. Id.
376. Id. at 174. In India, for example, tanning cowhide is degrading and fit only for untouchables, while in other cultures it would be viewed as simply another job. Id.
377. Id. at 174. In India, for example, tanning cowhide is degrading and fit only for untouchables, while in other cultures it would be viewed as simply another job. Id.
378. See Pedrick, supra note 90, at 413.
379. WALZER, supra note 293, at 165.
380. Id.
381. Id. at 166.
382. Id.
383. See ANTHONY KRONMAN, THE LOST LAWYER: FAILING IDEALS OF THE LEGAL PROFESSION (1993); SOL M. LINOWITZ, THE BETRAYED PROFESSION: LAWYERING AT THE END OF THE TWENTIETH CENTURY (1994); BENJAMIN SELLS, THE SOUL OF THE LAWYER: UNDERSTANDING LAWYERS AND THE LAW (1994).
384. See ANTHONY KRONMAN, THE LOST LAWYER: FAILING IDEALS OF THE LEGAL PROFESSION (1993); SOL M. LINOWITZ, THE BETRAYED PROFESSION: LAWYERING AT THE END OF THE TWENTIETH CENTURY (1994); BENJAMIN SELLS, THE SOUL OF THE LAWYER: UNDERSTANDING LAWYERS AND THE LAW (1994).
385. See ANTHONY KRONMAN, THE LOST LAWYER: FAILING IDEALS OF THE LEGAL PROFESSION (1993); SOL M. LINOWITZ, THE BETRAYED PROFESSION: LAWYERING AT THE END OF THE TWENTIETH CENTURY (1994); BENJAMIN SELLS, THE SOUL OF THE LAWYER: UNDERSTANDING LAWYERS AND THE LAW (1994).
386. SELLS, supra note 301, at 42.
387. The dual-status structure mystifies many students. Among the most peculiar discussions a LRW teacher can have is the one with a student who asks, "Why aren't the LRW professors on tenure track with everyone else?" None of the justifications outlined above, see supra Part IV, when offered as explanation of this dualism, seem convincing to a second or third year student who, during a clerkship, has personally experienced the importance of what he learned in his legal research and writing course - the precise skills that enable him or her to do the job.
388. Some relationships between LRW instructors and tenure-track instructors are vaguely reminiscent of the classic domination/subordination structure historically found in struggles between people of color and whites, or between men and women. For a discussion of hierarchical dualism in academia, see Deborah W. Post, Critical Thoughts About Race, Exclusion, Oppression, and Tenure, 15 PACE L. REV. 69, 81 (1994).