Invisibility

Many of you probably received an email from AALS last week with a link (and “unique PIN”) to a “Faculty Survey.”  The email said,

“The Association of American Law Schools is interested in your experiences as a law school faculty member. AALS wants to know more about you, your career trajectory, current workload, time allocation across your various responsibilities, and perceptions of tenure. We are asking you to take part in the American Law School Faculty Study…

The survey itself, being conducted by an outside vendor, (NORC) has the following preamble (again, the bold is in the original):

“This survey focuses on the experiences of individuals who currently serve in the position of law school tenured, tenure-track, long-term contract, clinical, or legal writing faculty.”

It is a well-established canon of construction that, “the expression of one thing implies the exclusion of others (expressio unius est exclusio alterius).”[1] So, the preamble alone should have made it clear to me that ASP and Bar Prep faculty members were not their intended audience-and yet, it was sent to all of us. If I had not checked off “long term contract,” my survey would have ended right there. Luckily, a colleague alerted me to this before I started, and I was able to voice my displeasure at being intentionally excluded as part of my response. Otherwise, I would have remained invisible.

As we know from the AASE Survey last year, not all of us could click on long term contract and avoid being entirely canceled from being considered faculty by an organization that our institutions are likely members of and actually has an Academic Support Section[2]. In fact, only 26% of AASE respondents are on multiyear contracts and 17% have presumptively renewable contracts. 47% of respondents are at-will employees and another 11% have year to year contracts.[3] This means that less than half of our ASP colleagues would be eligible to participate in this survey. Surely, our experiences are as relevant as other traditionally non-tenured faculty such as clinical and legal writing. While there has been progress in tenure for these other groups, ASP tenure (or tenure track) is currently unavailable to 92% of professionals who responded to our survey.[4]

My esteemed colleague, Matt Carluzzo, who is Assistant Dean of Students and Academic Success at Villanova University Charles Widger School of Law responded to NORC with an email where he expressed his disappointment and went on to say, “[M]any law schools still see and accordingly treat ASP as an afterthought - something necessary, but still very ‘other’ … I was initially disappointed (though not surprised) when there was no "academic success/support" option listed on the opening page.  I was genuinely shocked, however, when upon selecting "Other," I was instantly directed to the curt, "Thank you for your time today" completion screen.  Apparently this survey is not for ASP professionals.  This is hard to interpret as anything other than yet another example of ASP being either unintentionally overlooked, or intentionally excluded…Your website says that AALS ‘hired NORC to learn more about law school faculty hiring, voting rights, tenure policies, and other key issues[5].’  In my opinion, this is a key issue that is blatantly overlooked and/or ignored.  Any doubt, disbelief, or resistance to this idea is contradicted by the old cliche: the proof is in the pudding.” I could not have said it better. We await a response from AALS, NORC, and perhaps even the AccessLex Institute (who was another sponsor of the survey).

In the meantime, I am convinced that when clicking “other” brings you to a dead end, it is not a good look for an organization that claims that their “...mission is to uphold and advance excellence in legal education. In support of this mission, AALS promotes the core values of excellence in teaching and scholarship, academic freedom, and diversity, including diversity of backgrounds and viewpoints, while seeking to improve the legal profession, to foster justice, and to serve our many communities–local, national, and international.[6]” I would also add that the introduction to the survey expresses AALS’s interest “in examining the work-life balance and career trajectories of law faculty.”[7] 

If the opinions of legal writing and clinical faculty merit consideration, ASP faculty opinions should not be overlooked and disregarded. While the doctrinal faculty that seem to be the target of this survey do not always know all that we do in ASP, they no doubt are glad it is done.  Their students certainly are. We should be seen and heard. We deserve-—no, wait—we have earned better.

If AALS truly wants to know more about the “career trajectories of law faculty,” why not study the folks who have nowhere to go but up?

(Liz Stillman)

 

[1] https://judicature.duke.edu/articles/a-dozen-canons-of-statutory-and-constitutional-text-construction/

[2] However, there were some issues about ASP’s inclusion at the AALS conference this past January as well, see, https://lawprofessors.typepad.com/academic_support/2023/01/academic-support-programs-should-be-included-in-us-news-rankingsmaybe.html

[3] Please feel free to contact any of us who serve on the AASE Assessment Committee for the full survey report: https://associationofacademicsupporteducators.org/committees/assessment/

[4] See, note 3.

[5] https://www.norc.org/research/projects/2023-american-law-school-faculty.html

[6] https://www.aals.org/about/mission/

[7] https://www.norc.org/research/projects/2023-american-law-school-faculty.html