Overregulating Legal Education

Nothing is more important to us at Marquette University Law School than preparing students for the practice of law. Legal education is our mission, and we work every day to serve it. Whether through teaching in fundamental subject areas, responding to new developments in the law, connecting students with the profession, or all of the myriad ways that we encourage the growth of the whole person, student development is our North Star. This is no small project: As all Marquette law students and Marquette lawyers know, the law is ever increasing in its scope and complexity, and the knowledge, skills, and values required for practice are substantial. We would like to do more; the three years we have with students are chock-full.

One way that Marquette Law School contributes to students’ practice readiness is through our program of experiential education, including our workshops, field placements, and clinics. We work hard at these curricular offerings and are proud of our program, including the fact that Marquette law students frequently exceed the current requirement that they take 6 credits of experiential classes.

So I would like to outline why I have submitted comments to our accreditor, at the American Bar Association, vigorously objecting to the proposal to mandate a doubling of the number of experiential-learning credits that each law student would be required to earn. The accreditor has not provided a sufficient reason for mandating such a substantial and costly revision of the upper-level curriculum of law schools—especially considering that the impact on other parts of law schools’ missions could be significant.

Here is an excerpt from the beginning of my letter concerning the revisions that the accreditor has proposed:

. . . . The proposed revisions to the Standards, doubling to 12 the number of experiential-learning credits that each law student must earn and therefore that every law school must provide to every student, should be withdrawn. The basis for this conclusion should not be mistaken. Marquette University Law School shares the widespread view that simulations, clinics, and field placements are valuable in legal education. Indeed, many of our law students routinely exceed the requirements of the current Standards. Marquette Law School works hard at and takes great pride in its experiential program, whose contours and features serve our communities impressively.

Yet the Council’s proposal would mandate a startling redirection of resources. Given the integrated nature of a program of legal education, the proposal would constitute an unprecedented invasion into the upper-level curricula of law schools, diminish substantially the schools’ appropriate autonomy, and impair their ability to innovate and to adapt their programs to local needs and institutional missions—all at a time of other extraordinary pressures on legal education. More succinctly and concretely: The proposal ignores the curricular tradeoffs that will necessarily result for schools and students and dismisses the likely financial costs of the new requirements.

The proposal’s apparent general animating philosophy—which has scant regard for the precept that accreditation standards are intended to establish minimum requirements for “adequate” education while protecting each school’s leading role in defining its own educational program—is regrettable enough. More specifically objectionable is that the proposal to double the current minimum requirement of experiential-learning credits lacks adequate evidentiary support. Valuable though experiential education is, a “more is better” approach to its requirement is not adequately supported in the proposal—notwithstanding the observation that other, very different professions, with different educational pathways, have more experiential education. Given the weak evidentiary basis for increasing the number of mandatory experiential-learning credits, the absence of a rigorous (or really any) cost-benefit analysis should prompt the proposal’s withdrawal..

You can read the entire letter here.

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Looking Back, Giving Thanks

Sensenbrenner Hall Thanksgiving truly is an extraordinary celebration. Its invitation to pause and take inventory of the people whom and events in our life that we are grateful for quietly renews one’s spirit.

This year stood out as I looked back and gave thanks because my reflection is colored by my impending retirement after more than 29 years at Marquette University. I continue to be filled with a deep sense of gratitude for the people I’ve met during nearly three decades of assisting benefactors—men and women who stepped forward to make a difference in the lives of others.

Among the countless memories that come to mind, I want to offer one recent experience as illustrative of the grace that is an integral part of the fabric of philanthropy. Earlier this fall we received a generous six-figure gift from Adrian P. Schoone, Class of 1959. Adrian was born and raised in rural Lincoln County, Wisconsin. Rising from humble roots, he was the first in his family to attend college let alone pursue professional training, and yet he excelled as a student, being selected editor-in-chief of the Marquette Law Review and finishing first in his class.

The purpose of his gift is to fund an endowed scholarship that each year will support part of the tuition of the editor-in-chief of the Marquette Law Review. The award will be a fitting capstone for a third-year law student following in the footsteps of this distinguished alumnus who forged a career as a noted trial lawyer but later set his personal interests on hold, dedicating a year to travel throughout Wisconsin in service as state bar president. The story of this one gift speaks to a higher, shared value that the Law School seeks to instill in each future Marquette lawyer entrusted to our care. It speaks to the restless pursuit of excellence—a seed that germinates while one is a student but first comes to fruition over the full course of time.

This gift in a sense encapsulates many of my own hopes and aspirations of the past twenty years since joining Dean Kearney to work in partnership with Associate Dean Wilczynski-Vogel to help advance the mission of the Law School. Having held other positions within University Advancement for a decade, I was recruited to team up with the dean and Christine and many others to assist in the comprehensive fundraising effort that resulted in the building of Ray and Kay Eckstein Hall—still regarded as the finest law school facility in the nation.

What I did not realize at the time I said yes, in 2005, was how profound this decision would soon become not only for me personally but for scores of others who are the true beneficiaries of three decades of collective labor. I am truly a better person for having had this privilege to serve. Memories abound—enjoying the best Reuben sandwich served up in Cassville, Wisconsin, with the late Ray and Kay Eckstein, musky fishing the Flambeau River with Marquette lawyers, or meeting the late Justice Antonin Scalia with Bob Greenheck. My career has taken me to places never imagined. For all these experiences and so much more, I am grateful.

Most of all, I am moved by what our benefactors do so willingly for our students. I will speak to them directly in closing: Your generosity speaks to a higher love—one predicated on your belief and hope in the next generation of Marquette lawyers and their ability to make this world a better place. I join you in your optimism for the future—a life lesson gleaned from looking back and giving thanks.

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What’s Luck Got to Do with It?

It’s December 2012. I’m a 2L. I’m on my way to take my Federal Jurisdiction exam and meet what I think to be my fate, when I run into a well-intentioned faculty member. He asks me where I’m heading. “To my Fed. Jur. exam,” I manage to get out. His response? “Yikes. Tough class. Well . . . good luck!”

If there’s an inauspicious way to kick off an exam, I’m pretty sure that’s it. 

Fast forward two summers: I had graduated from law school, and my entire life had become about (1) studying for the bar exam, (2) not overdrawing my checking account, and (3) Chipotle burritos. Left and right, people were wishing me good luck on the bar. Every time they did so, the pressure mounted, as did my conviction that my professional future rode entirely on either luck or some God-given ability—neither of which I felt particularly flush with at the time. From these experiences, I began to think “good luck”—even when offered with utmost sincerity—might not the best way to send someone into a high-pressure moment.[i]

But we all do it. We say “good luck” to friends before they start a trial or to students before they take an exam because we wish them well. Behind the two simple words, though, seems the implication that we are mere pawns, our fate left to the caprice of the gods. Luck’s sister concepts are, after all, fortune and chance.[ii] Expounding on the etymology of luck, University of Cambridge Professor Robert S. C. Gordon has written that the word’s etymological roots imply that “[l]uck, good luck at least, brings happiness . . . , and this much seems uncontroversial. But conversely, there is already a more sombre . . . implicitly secular philosophy embedded in this lexical chain . . . : happiness is a matter of pure luck, and the path from one to the other is steeped in doubt.”[iii] In other words, the notion of good luck—or the wish of it—might just imply that our happiness, our success is out of our hands.

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