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IU McKinney dean's diplomacy skills navigate law school during turbulent time

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At the end of a long conversation about the Indiana University Robert H. McKinney School of Law, Dean Andrew Klein showed his passion for the law.

He had spent the previous hour outlining the future of the law school and the changing demands on legal education when he turned his attention to the books he has read. One that continues to have an impact on him was a biography of Thurgood Marshall’s early career, “Devil in the Grove.”

In reading about Marshall’s work before he argued Brown v. Board of Education and before he became a Supreme Court of the United States justice, Klein was most struck by how the community held Marshall in high esteem because he was an attorney.

Klein-3-15col.jpg IU McKinney Dean Andrew Klein (IL Photo/Eric Learned)

“So when someone needed justice, when someone needed a person to fight for what is right, they didn’t go to the investment banker, they didn’t go to the mechanical engineer – all of which are noble professions,” Klein said. “They looked to a lawyer.”

With scores of IU McKinney graduates working in Indiana law firms and businesses, and holding leadership positions in the Statehouse as well as the federal government, many are likely looking to Klein.

His arrival in the dean’s office came after 13 years of teaching and scholarship at the law school and a turn as chief of staff for Indiana University-Purdue University Indianapolis Chancellor Charles Bantz. To the law school, Klein brings a love of teaching, an understanding of how the entire IU system works, and an appetite to solidify friendships and create new partnerships to better the quality of education.

IU McKinney reaps great benefits from its location – the proximity to state government, major law firms and corporate headquarters, plus having the advantage of being the only law school in the metropolitan area. Klein has the task of not only maintaining the institution’s standing but also meeting new challenges.

His tenure will likely be shaped by his passion for the law and legal education.

“I have a great love for this school and the legal community,” Klein said. “I think society needs excellent lawyers, and I think this particular school has an excellent model for providing legal education to those who are going to be part of the bar and part of this community going forward.”

Vision

Klein stepped into the dean’s office at a time when IU McKinney, like other law schools across the country, struggles with declining applications and falling revenue. Fewer college graduates want to pursue a career in the law, and legal education has been criticized for graduating students ill-prepared to practice and awash in debt.

Talking about IU McKinney, the affable dean spends time discussing the programs, externships and clinics currently offered to students rather than detailing what he envisions for the future. That may be a reflection of what he describes as the “difficult time” through which law schools are going. Thinking far ahead may not be possible when there is too much to pay attention to and watch for today.

“I really think when things settle and we come through this difficult period, I’d love for our school to be viewed as a model for the best of what a law school can do to train professionals and leaders,” he said.

IU McKinney Vice Dean Antony Page rejected the notion that Klein lacked a clear plan for the school and instead described him as a “realistic visionary.” Page said Klein will set the direction for the school by leading in a manner that builds consensus.

“Andy keeps in mind what is actually possible and feasible,” Page said. “I believe Andy does have a vision for the school but he wants to keep that vision grounded in what is possible given the world that we live in and the constraints we have.”

Klein has experience getting the faculty to support a plan during a turbulent period.

He was the associate dean for academic affairs when the law school’s former dean, Anthony Tarr, stepped down in 2005 and Susanah Mead assumed the position of interim dean.

The law school was in crisis then. It was facing a $2 million deficit and a three-year deadline imposed by the university administration to erase the shortfall from the budget. Faculty skirmishes over charges of racism had also become public.

“If Andy hadn’t been there, I don’t know what I would have done,” Mead said, recalling those two years she held the dean’s chair.

She and Klein worked as a team during that “wonderful, crazy and very difficult” time. A key was explaining to the professors and staff what the school was up against so they would understand why they were not receiving raises and open positions were not being filled.

Klein’s skills at diplomacy and “sticking to his guns” proved invaluable. As Mead pointed out, “You can’t be everybody’s best friend when you have to make cuts.”

In the end, the law school got back into the black one year ahead of the deadline and, Mead said, everybody ended up smiling.

“If there were complaints about the faculty or anything, he was able to smooth things over in a way that made all parties feel as if their concerns had been addressed,” Mead said of Klein.

Setting the foundation

Klein begins his day with a workout on either the elliptical trainer or the stationary bike before arriving at his office around 9 a.m. He usually heads for home about 7:30 p.m. unless he is attending a bar association function or alumni association meeting.

Making the external contacts and building support for the school in the community is the primary duty Klein has as dean. Connecting with alumni and the legal community across the state is “absolutely critical, absolutely essential,” Page said, because these individuals review the resumes of IU McKinney graduates.

“We all understand here – as maybe we didn’t understand five or 10 years ago – we need to help make sure our students have opportunities to get jobs and get good jobs,” Page said.

Individuals who know Klein describe him as genuine, someone who cares about others and likes people. He often tells Page how much he enjoys attending the various events and occasionally seeks to organize some of his own as he did when he was visiting China recently. He put together an impromptu dinner for alumni who live and work in that country.

“Because he’s new, I like to think he’s going to set the foundation before he looks further ahead,” said IU McKinney graduate and U.S. Bankruptcy Court for the Southern District of Indiana Judge Robyn Moberly.

Part of that foundation includes reaching out to feeder colleges and contacting potential students. As a parent who has sent her children to graduate school, Moberly said having a dean personally contact an applicant makes a big impression and can convince the student to enroll.

Klein likened legal education to an oversold stock that is now at a buy-low moment. Rather than looking at the current condition of the job market, law students need to look to what the opportunities will be when they graduate, he said.

“The attitude that says ‘Don’t go to law school today, it’s a horrible investment,’ is sort of like the person who, at the end of 2009 or start of 2010, said don’t buy stocks because the stock market just crashed,” Klein said. “The person who went ahead and dipped in looks pretty good right now.”

Asked about disparaging commentary about law schools on the Internet, Klein whispered a rebuke to stay away from the blogs. “Some angry anonymous comments” posted online, he said, reflect neither the attitude nor the good experiences most attorneys have had.

“I tell students, you should be proud to be a lawyer,” Klein said. “You have the capacity to do incredible good in ways that people in other professions don’t, and that ought to be on your mind other than what some commenter wrote on a blog, hiding behind an anonymous name.”• -------------------- Andrew Klein

Age: 50

Hometown: Chicago

Cubs or White Sox: Cubs

Education: University of Wisconsin, majors: economics and journalism, 1985; Emory University School of Law, 1988

Clerked for: Judge Joseph Hatchett, U.S. Court of Appeals for the 11th Circuit

Law firm experience: Sidley Austin LLP in Chicago for three years

Academic life: began as faculty member at Samford University Cumberland School of Law in Alabama

Family: Wife, attorney Diane Schussel, and two sons, Tim and Jason

Hobby: huge sports fan

If not a lawyer would have become: probably a sports journalist.

What kind of year are the Cubs going to have in 2014: “Horrible.”
 

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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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