Thursday, May 29, 2014

Charleston Law Founder Ed Westbrook Counters Infilaw

Charleston School of Law Founder Ed Westbrook has written an extensive response to questions raised concerning Infilaw's continued push to acquire the law school. Westbrook has been a supporter of moving the law school to nonprofit status since it's inception. His memorandum can be found at:

May 29, 2014 | Permalink | Comments (0)

Sunday, May 18, 2014

Redding: The Legal Academy Under Erasure

Vice Chancellor and Professor Richard Redding (Chapman) has written an interesting article about legal education reform, which will be published in the Catholic University Law Review. The article is called "The Legal Academy Under Erasure," and the abstract can be found at:

May 18, 2014 | Permalink | Comments (0)

Wednesday, May 14, 2014

Charleston Faculty Makes a Strong and Courageous Statement

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The SC Commission on Higher Education (CHE) will be voting on the sale of the Charleston School of Law (CSOL) to Infilaw on Monday, May 19. The CHE is holding hearings about the matter on Friday, May 16. Interested parties in favor of the sale have represented that the CSOL faculty supports the sale, and that is simply not true.

This week, the faculty of CSOL presented two letters to the CHE. One was openly signed by tenured faculty members who felt they could not stay silent, even in the face of possible retribution for their opposition to the sale. The other was a letter from an attorney representing other members of the faculty certifying that a "super majority" of the faculty does not support a sale to Infilaw. Both letters can be found at:

May 14, 2014 | Permalink | Comments (0)

Tuesday, May 13, 2014

Graduation Speakers

I forget most graduation speeches, but I was privileged to hear Congressman John Lewis's address to the Ole Miss law school graduates on May 10. He is truly a great American hero, and is the most inspiring speaker I have ever heard. He is also one of the nicest and most humble people I have ever met.

U.S. Rep John Lewis (D-Ga.) spoke to UM School of Law graduates during the school's commencement ceremony Saturday in the Grove.

Who is speaking at your law school this year? Please comment with the names of your  commencement speakers.

UPDATE on Speakers: NY Attorney General Eric Schneiderman at Syracuse University College of Law

Harold Hongju Koh, 22nd Legal Adviser to the Department of State and current Sterling Professor of International Law at Yale Law School (and former Dean of Yale Law School). will speak at University of Denver Sturm College of Law (thanks to Dean Martin Katz)

May 13, 2014 | Permalink | Comments (1)

Monday, May 12, 2014

Dean Frank Wu: Tuition Cuts and Tuition "Cuts"

This essay is by Dean Frank H. Wu, who is Chancellor & Dean of University of California Hastings College of the Law. This essay was previoiusly published at the Huffington Post.

In a recent report on the state of legal education, Moody's, the credit rating service, noted in passing that tuition cuts are not necessarily an effective tactic for improving enrollment. The rationale is important for people to understand.

Tuition cuts might not be all that they appear to be. The reason is virtually all institutions of higher education already discount tuition to a great extent. Almost all of them also are tuition dependent: Their operating budget comes from what students pay them.

That is the case for the highly-regarded and the not so reputable. Public institutions and those that value public service typically return a significant amount of their tuition revenue to their students in the form of need-based financial aid. Other schools that wish to recruit highly-credentialed students award scholarships on the basis of those metrics. Some of the moneys for these purposes may come from endowments, but much of it comes from what students themselves are putting into the coffers.

Whether it is meant to help many students by offering the opportunity for higher education or buy a few of them by rewarding earlier academic records, the budgetary consequence is the same. As with most other ventures, there is a difference between gross and net.

So a tuition cut may well leave many, perhaps most, individuals worse off as compared to the baseline. Here are the consequences of a cut to tuition.

Assume before it publicizes a cut, a school has a program oriented toward need-based grants. It may be giving as many as three-quarters of its students such packages. Only a quarter of them are paying the full sticker price. Three-quarters pay less; the one-quarter make that possible.

Now after a cut, that school has two choices. (We can put to the side the equivalent of money falling from the sky: alternate revenue sources. They exist, but they usually are an order of magnitude less than what would be needed to offset significant tuition decreases.)

The first option is a real cut. The school could reduce expenditures in a manner commensurate to its loss of total tuition coming in. To be pointed about what that means: Since human resources are the bulk of the budget, such a real cut means faculty, staff, or both, would have to be paid less or be laid off. Savings from the non-personnel share of the budget are not likely to be sufficient to make ends meet.

The second option is the illusion of a "cut." The school could reduce what insiders call the "discount rate" to exactly the amount that makes up for the tuition drop. Again to be pointed about what that means: Given that most students previously received generous grants, most of them end up actually paying more. The students who were not receiving grants prior are the only ones who in fact benefit.

To illustrate it with numbers, consider the simplest possible example. Suppose Acme Law School had two students (in this hypothetical, each of them stands in for hundreds who are treated identically); and a "rack rate" of $50,000 per year. Alpha, who is impoverished, receives a $10,000 grant; Bravo, who is well-to-do, receives no grant.

The real cost of attendance for a year (not including living expenses) is as follows. Alpha expends $40,000 ($50,000 tuition less a grant); Bravo, $50,000 (the stated tuition with no break).

Imagine then Acme Law School that announces a tuition cut of 10 percent or $5,000. Its new, much-praised "flat rate" is $45,000.

But the leaders of Acme Law School do not wish to affect its programs. That frames their intentions in the most positive terms. They need to maintain the same overall revenue the school was receiving from Alpha and Bravo notwithstanding the cut, which is $90,000 (the $40,000 from the former plus the $50,000 from the latter).

Accordingly, to achieve their goals, they direct that the financial aid program be zeroed out. Alpha and Bravo each pay $45,000. The school receives $90,000 as it always has. Transaction costs are lowered as a side benefit.

Look at what has happened to Alpha and Bravo. Alpha pays more than before, $45,000 instead of $40,000; Bravo pays less, $45,000 instead of $50,000. Alpha has a subsidy taken away; Bravo benefits.

Note too this is not ideological. If you object to Alpha receiving need-based financial aid to begin with, change the example to a credentials-based scholarship. So in this variation, Alpha, who has scored at the top of the range on standardized tests and been valedictorian from her undergraduate alma mater, would have been offered a $10,000 scholarship. That is eliminated with the tuition cut.

Thus, at a school that has announced a tuition cut, there must be, sooner or later, an announcement of the real cut that matches it. Absent that, the inference that can be made is that only the illusion of a cut has been presented. It is marketing, puffery, call it what you will.

The same can be said of flat-rate tuition programs more generally. It's no different than flat-rate taxation proposals. The resulting flat-rate may or may not be a better deal than varying rates, depending on a student's individual situation.

All of the above is exacerbated by the lower levels of enrollment at law schools. A school trying to balance its budget, as all of them need to do, can compensate for lower enrollment with higher tuition, or vice versa. But simultaneous downward trends on enrollment and tuition cannot be sustained without even greater real cuts to spending, financial aid, or both.

Whatever people think about the cost of higher education, it is important to understand the choices that decision makers face. Much of what looks like reform may be symbolic.

May 12, 2014 | Permalink | Comments (0)

Wednesday, May 7, 2014

Greece: It's the Word

While this is off the topic of legal education, I wanted to weigh in on the Supreme Court's decision in Town of Greece, New York v. Galloway, No. 12–696, slip op. at 8 (Sup. Ct. 2014).

As a southerner, and a member of a minority religion, I am used to prayer in public governmental  settings. People have asked me if I am offended when a person offering the prayer or invocation prays in Jesus's name, and I am not. What bothers me is when a person in a public setting says "we pray this..."  The "we" is the word that I find problematic, and the "we" is what the Supreme Court failed to understand. 

At our law school graduation this coming Saturday I would never presume to speak for everyone, or even anyone else in that audience on a political issue. Why do people offering a prayer assume that they know how everyone else in a public gathering prays? Prayer is very personal, and some people exercise their First Amendment rights by choosing not to pray, at all.

While I am not a fan of prayer at public gatherings, I am happy to tolerate it (and the Supreme Court has said I must accept it) if the person praying would simply say "I pray this..." I would fully support that person's right to express their beliefs in public.  I do not grant them the right, or authority, to pray for me, and neither should the Supreme Court.


May 7, 2014 | Permalink | Comments (1)

Friday, May 2, 2014

Texas A&M Appoints Andy Morriss to Serve as Dean

Congratulations to Andy, and to my friends at Texas A&M. I do think it is interesting that the press release refers to Andy as the inaugural dean of the law school, since the law school has been in existence for almost 25 years as Texas Wesleyan.

May 2, 2014 | Permalink | Comments (0)

Thursday, May 1, 2014

SC Commission on Higher Ed Delays Vote on Infilaw Purchase of Charleston

The South Carolina Commission on Higher Education (CHE) has decided it needs more time to review  information and public comments it has received in reference to the proposed sale of the Charleston School of Law to Naples, Florida based Infilaw.

Members of a CHE licensing panel said they received more than 100 pages documents over the past three days and asked for additional time. Several members came with lists of questions for InfiLaw officials.

The panel will hold a special meeting on May 19 and present their recommendation to the full commission at its June 5 meeting. In addition to CHE approval for the sale, Infilaw needs approval by the ABA. An ABA site team visited the school earlier this semester.

Read more here:

May 1, 2014 | Permalink | Comments (0)