ILNews

Dean's Desk: Notre Dame dean provides perspective on ‘grading the graders’

Back to TopCommentsE-mailPrintBookmark and Share

dean-newton-notre-dameThe university has set aside a small pool of money to provide merit increases to faculty and staff. Allocating this fund is a difficult task because it requires making distinctions among valued colleagues. On the one hand it is important to reward the year’s most productive faculty and staff and those who have taken on additional duties. On the other hand it is necessary to take into account that very few can have a stellar record every year.

The process is not unlike grading a course. As with grading the students in the contracts course I taught last year, I try to review all of our faculty in a concentrated period of time in order to keep the entire cohort in mind during the process. But instead of grading students’ answers to my exam hypotheticals, I review information on faculty scholarship, teaching, and service.

I have a system. First, I read each faculty member’s annual self-evaluation. As you would expect, our professors are asked to report on the number and quality of their publications, the titles of their courses, and the number of credits and students they have taught. But we also ask them to respond to numerous other questions ranging from “how have you helped students in their job searches” to “have you collaborated with foreign institutions on teaching or scholarship in the past year?” And I pay particular attention to their responses to the self-evaluations’ last question, which asks them to reflect on the past year and their goals for the future. The reflective statements this question prompts are often very inspiring. A professor may set forth the challenges she faced planning a new course or the steps he is taking to improve the clarity or rigor of a new course. One professor might set forth an ambitious research agenda; another might report that last year’s plans have been refined in light of a path of inquiry only recently identified; another might report with excitement that teaching a new course has caused her to develop a strong interest in writing in a completely new field.

Next, I review each person’s service to the law school, the university, and the legal profession. These service reports are often long, filled with activities from coaching high school moot court teams to briefing a special rapporteur at the UN.

Teaching is next on the list of major items to review. To do this, I look at the faculty’s course loads and carefully study their student evaluations. Mentoring students, judging moot court competitions, serving as faculty advisor to student organizations, and advising students on papers and law journal notes are all an important part of teaching and duly noted. But the student course evaluations are especially informative on the quality of instruction in the classroom. We have an excellent instrument for this at Notre Dame that breaks down student responses into a number of categories and subcategories, such as “fairness and impartiality,” “helps students develop mastery,” “intellectual challenge,” “clarity of communication,” “amount of time spent on the course out of class” – just to name a few. The instrument presents both means and medians and breaks down four large categories into deciles. You can learn a lot from reading these carefully. For example, the professor who says that her low overall score reflects only that she is a very hard teacher might be asked why the students graded her course’s levels of intellectual challenge so low or why the students do not report spending much time on the class. Or a teacher who opines that he is one of the best teachers in the school because he achieved a score of 4 out of a possible 5 might be gently reminded that at the law school the mean score is 4.1.

I then review the faculty member’s publications over the last year. There are a number of venues for faculty scholarship and so I need to carefully consider the type and quality of the professor’s law review or other journal articles and note whether a given publication is a university or legal press book, a book chapter, an edited volume, a contribution to a legal encyclopedia, or a practitioner’s handbook. Some faculty members also list blog posts or op-eds on legal matters. I then make a judgment about the quantity and quality of all these publications, the latter measured by the quality of the publication venue and the impact of the scholarship on courts and the law as measured by various citation counts, etc. It is not always easy to figure this out, given the number of subfields within law and the increasing development of interdisciplinary scholarship, but over time most of us develop an understanding of the strength of various publications. Having written and taught for many years, I strongly believe that my scholarship has informed my teaching and vice versa, so I give equal weight to scholarship and teaching in my yearly determinations and I suspect most deans do the same.

Much of the popular press would have us believe that law professors only write impenetrable and useless articles on arcane subjects. In truth most faculty do hope to influence their fellow scholars, but they also write to shape the development of the law, whether it be regarding the appropriate use of precedent, the taxation of nonprofits, fiduciary duties, restricting testamentary freedom, the proper resolution of cases before the Supreme Court, the role of confusion in trademark doctrine, an empirical perspective on antitrust law, or the impact of closing parochial schools on the quality of life in neighborhoods – just to name some of the scholarship published last year by Notre Dame law professors.

Each spring as I undertake this faculty review I am humbled by the amount of work undertaken by my colleagues to mentor our students, contribute to the development of the law, increase the academic reputation of the law school, and build a great community. It is a privilege to be a member of such a community.•

__________

Nell Jessup Newton is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School. She has served as dean since 2009. The opinions expressed are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

ADVERTISEMENT