Speculation on the Impact of adjuncts on legal education

Introduction

For years adjunct faculty have played a significant role in trial and appellate advocacy courses and such specialty areas as intellectual property and sports and entertainment law. More recently many law schools have expanded their use of adjuncts in other areas of the curriculum including business and commercial law courses. FOOTNOTE 1] Only core courses such as constitutional law and first year required courses are the sole province of the full time faculty. FOOTNOTE 2 Although a greater and greater percentage of offerings is being taught by adjuncts rather than full time faculty there has been virtually no inquiry into or discussion about the effect of this important development upon the education the student receives or upon legal education in general. FOOTNOTE 3 ] The purpose of this article is to consider the effect of this trend, to speculate whether the increasing use of adjuncts in the law school curriculum helps or hurts the quality of teaching and to begin an informed dialogue on this issue.

FOOTNOTE 1

[] RELATIONSHIP TO THE STUDY AND DEVELOPMENT OF CLINICAL LEGAL EDUCATION

FOOTNOTE 2

[TALK A BIT ABOUT THE MACRATE REPORT AND ITS AFTERMATH AND EVALUATION]

FOOTNOTE 3

A COMPARISON OF THE USE OF ADJUNCTS IN LEGAL EDUCATION WITH THE USE OF ADJUNCTIONS IN MEDICAL EDUCATION AND IN OTHER AREAS OF POST GRADUATE EDUCATION AS WELL

II. The Numbers

The first place to start is with the numbers which are not generally available. For this article we developed a very simple survey FOOTNOTE 4 COPY OF SURVEY] and circulated it through the associate deans AALS list serve. The survey confirmed that tenure track faculty teach nearly all first year courses and teach very high percentages of constitutional law courses.

It confirmed that the use of adjuncts is increasing and indicated that this trend has been

occurring for the past X years. Greatest use of adjuncts is in advanced offerings of courses such as bankruptcy and in such offerings as sports law, entertainment law, intellectual property, and trial and appellate advocacy. Research by Professor Larry F. Garvin indicated that ___ per cent of commercial law offerings at the top _ schools were taught by adjuncts rather than tenure track faculty during the ___- ____ academic year.

FOOTNOTE 4 COPY OF THE SURVEY

PS I HAVE NOT DONE THIS RESEARCH YET AND HAVE SIMPLY PLUGGED IN SOME

POSSIBLE RESULTS

III. The benefits of Adjuncts

Now, let’s examine the potential benefits to law students and to the law school of the use of adjuncts rather than having all courses taught by full time faculty.

Adjuncts may be valuable to law schools and law students in several ways.

First, they bring extra brains and extra sets of eyes, ears and feet to the curriculum. The full load for faculty at most schools is two courses per semester and recently higher rated schools have been dropping this to three courses per year. The use of adjuncts allows the school to provide more offerings.For examples, at four selected schools a faculty size of XX times 3 or time 4 = ______.These schools have supplemented their curriculum though the use of adjuncts.

Second, adjuncts are usually easy on the school’s budget as well. Most adjuncts are employed full time or have retired from full time employment, and in many cases that full time employment is very lucrative. The stipend that law schools provide to adjuncts is usually below per class. If we assume that a full time teacher starts at about $90,000 per year plus another $30,000 for beneifts, then for that same $120,000 the school could add a lot of adjunct taught courses for $2,000 per course.

Third, the practice of law has broadened so that no full time faculty has professors who know much about the vast array of topics which the school feel it must offer. Adjuncts, particularly in a metropolitan area provide a pool of lawyers with special expertise and a better knowledge of subject matter and its application. For example,

Fourth , the use of adjuncts helps give students additional perspectives on the subject matter and the law in general. The faculties at most law schools include a number of full-time teachers who are able to teach the theoretical along with practical. Faculties also include many teacher who concentrate on the theoretical. Adjuncts ought to be good at teaching theory, but their special contribution is that they are able to combine the theoretical with the practical. They add to the optimal mix of learning experiences. Although the use of “war stories” can be overdone, adjuncts’ practical expertise can infuse and enrich theory in a way that enhances learning. If all of this works, then perhaps adjuncts have the potential to be “better teachers” than full time faculty.

IV The Detriments of Adjuncts

On the other hand, the use of adjuncts poses a series of potential and actual problems to the students’ education and to the law school itself.

1. Although many law schools require that adjuncts have “office hours” full time faculty is usually more available to students for questions about the course and other types of concerns the students may have.

2. Although many adjuncts do write articles, nearly all of the true legal scholarship that is published is done by full time faculty and very little is done by adjuncts. This lack of scholarship has many negative implications.

3. Although schools may work to integrate the adjuncts into the school and into the faculty, adjuncts are less co ordinated into the faculty and the curriculum.

4. Adjunct have far more “emergencies” which interfere with class and sometimes simply miss and other time engage substitutes who miss the mark.

5. Just as adjuncts may be better teachers than full time faculty, they may also be worse teachers

V. Teaching Quality

A central question is whether the quality of teaching by adjuncts is better, worse or the same as the quality of teaching by full time teachers.

Let’s begin this inquiry by looking at what goes into good teaching or great teaching. One ingredient is knowledge of the subject matter and if the adjunct is chosen because no full time faculty member has extensive knowledge of the course subject matter then the augurs well.

The second is preparation for class. This can present a challenge for adjuncts who have a busy practice and a busy life, but it may present a challenge for the full time faculty as well.

The third ingredient is availability

The fourth ingredient is pedagogy. Simply because a teacher knows the subject matter and spends time preparing does not insure that the students will learn. One of the most striking things about law school education is that full time law school teachers receive virtually no training in how students learn. There are some law schools that focus attention on pedagogy but they are Gonzaga and Southwest Texas and not Harvard or Yale. Some highly rated law schools do take pride in the quality of their teaching but nonetheless pay far greater attention to the quality of theoretical publications by the faculty than the quality of teaching of the students.

VI. Measurementsof Teacher Quality

Most law schools measure, the quality of teaching through use of student evaluations which are supplemented by periodic visits by a member of the curriculum committee or the school administration.

Student evaluations or interview with students

Visits to the class by other faculty or administration

Satisfaction of people who hire graduates who have taken that class

Bar passage – no student left behind

VII Are there practices that will enhance the value of adjuncts

What steps can a law school take to provide and insure teaching quality

Orientation, evaluation and termination of adjuncts

The AALS and many law schools provide new full time teachers and adjuncts with information and an opportunity to think about how to teach a course. OPTIONAL [It was not long ago that bullying the students was deemed an appropriate teaching technique but hopefully that is no longer tolerated.]

what does a school do with/for a teacher who is not teaching well

VIII. Looking at other possible effects of the increasing use of adjuncts such as the

Reduction of scholarship in these areas

There’s less “there” there.

VIII. Summary and conclusion

IX. How schools may insure that adjuncts make the maximum contribution to the education of the students and to the law school?

Appendix:

Survey and Interviews might include these questions.

How does the school decide whether to have an adjunct teach a course

How does a school orient or train an adjunct

How does a school evaluate an adjunct

How does a school fire and adjunct

How much do you pay adjuncts

What percentage of the following courses are taught by adjuncts?

First Year Courses

Sports law

Entertainment law

Commercial law

Constitutional law

Property law

trial and appellate advocacy

bankruptcy law

tax law

corporate law

beginning courses

advanced courses

If you are willing to participate in a 20 minute interview regarding use of adjuncts please email to xxx.

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