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

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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.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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