Treating Professionals Professionally: Requiring Security of Position for All Skills-Focused Faculty Under ABA Accreditation Standard 405(C) and Eliminating 405(D)

37 Pages Posted:

See all articles by J. Entrikin

J. Entrikin

William H. Bowen School of Law, University of Arkansas at Little Rock

Lucy A. Jewel

University of Tennessee College of Law

Craig T. Smith

University of North Carolina (UNC) at Chapel Hill - University of North Carolina School of Law

Kristen Konrad Tiscione

Georgetown University Law Center

Melissa Weresh

Drake University - Law School

Susie Salmon

The University of Arizona, James E. Rogers College of Law

Date Written: January 23, 2020

Abstract

In 2014, the American Bar Association (ABA) decided to retain Accreditation Standard 405 in its current form to preserve tenure for law faculty as well as the status, security of position, governance rights, and academic freedom that tenure provides. In doing so, the ABA also preserved the long-standing hierarchy that elevates doctrine-focused faculty over skills-focused faculty. That hierarchy discriminates against skills-focused faculty, particularly those who specialize in legal writing--most of whom are women. This paper calls on the ABA to address this discrimination against skills-focused faculty and the negative effects it has on schools, faculty, and students. As explained in this article, many schools recognize the inherent limitations and unfairness of the status hierarchy that Standard 405 condones and, accordingly, provide skills-focused faculty security of position over and above what the ABA requires. We urge the ABA to follow their lead by eliminating Standard 405(d) and requiring that all law schools afford their clinical and legal writing faculty, at minimum and without exception, security of position under Standard 405(c).

Keywords: ABA, accreditation, discrimination, hierarchy, skills, doctrine, legal writing, tenure, contract, faculty, status

JEL Classification: K10, K12, K31

Suggested Citation

Entrikin, J. and Jewel, Lucille A. and Smith, Craig T. and Tiscione, Kristen Konrad and Weresh, Melissa and Salmon, Susie, Treating Professionals Professionally: Requiring Security of Position for All Skills-Focused Faculty Under ABA Accreditation Standard 405(C) and Eliminating 405(D) (January 23, 2020). 98 Oregon Law Review 1 (2020). Available at SSRN: https://ssrn.com/abstract=

J. Entrikin

William H. Bowen School of Law, University of Arkansas at Little Rock ( email )

1201 McMath Street
Little Rock, AR 72202
United States

Lucille A. Jewel

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States

Craig T. Smith

University of North Carolina (UNC) at Chapel Hill - University of North Carolina School of Law ( email )

102 Ridge Road
Chapel Hill, NC 27514
United States

Kristen Konrad Tiscione

Georgetown University Law Center ( email )

600 New Jersey Avenue, N.W.
Washington, DC 20001
United States

Melissa Weresh (Contact Author)

Drake University - Law School ( email )

27th & Carpenter Sts.
Des Moines, IA 50311
United States

Susie Salmon

The University of Arizona, James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
2
Abstract Views
30
PlumX Metrics