from cross-examination of Dean Makau Mutua, PERB, April 1, 2010 (pp.


This colloquy deals with a memorandum I wrote to then-Professor Mutua on September 9, 2005, advocating improved terms and conditions of employment for the LRW faculty. Dean Mutua testifies that he was compelled to demand the information from me in written form and I was compelled to comply because, under the faculty rules at the time, I was not eligible to attend faculty meetings (as if it were legal for the institution to exclude 405(c)-protected clinical professors from faculty governance, and my fault at that). Dean Mutua also states that he did not consider my gesture to be a courtesy between colleagues or to warrant any reciprocal respect because “[w]e were not equals. This is, again, you are coming back to the same problem. Jeff Malkan, you know, was a research and writing instructor. I was a professor of law.” The memo is attached to the last page.


• Roughly 70% of full-time legal writing faculty members are women. • Teachers on short-term.MEMORANDUM To: From: Date: Re: Makau Jeffrey September 9. the ALWD/LWI position is that – • Students and the legal profession suffer when law students are trained by a revolving stream of full-time teachers who are nonetheless novices on short-term. The longest document is entitled LRW Program Design and Faculty Status. 2005 R&W staffing model I’ve attached three documents that summarize the staffing models of Legal Writing Programs at U. The paper explains the rationale for providing fulltime legal writing professors with the same level of job security as full-time clinical professors. According to this document. law schools.e. Buffalo is a member of the much smaller contingent of schools (17 law schools) that employ full-time R&W with a capped contract. and 10 (including Buffalo) provide limited or “capped” contracts. providing information about its staffing model. 3. The most recent information about staffing models is contained in an excerpt from the ALWD/LWI 2005 Survey of Legal Writing Programs. 116 law schools employ full-time R&W professors without a contract cap. An additional 35 law schools use part-time faculty (i. 109 provide renewable contracts. law school by name. current as of December 2002. 2. non-renewable contracts have no time to improve their teaching skills or to engage in scholarship. • Short-term. non-renewable contracts.S.S. The codification of permission for short-term. non-renewable contracts for a predominantly female segment of the academy is out of sync with the rest of the Standards and prevailing norms. In addition to concerns about the detriment to academic freedom.. non-renewable contracts impede efforts by legal writing programs to engage in programmatic self-improvement to meet the demands of the courts and the practicing bar for more accomplished law school graduates. The final document is a position paper submitted jointly by ALWD and the LWI to the ABA Standards Review Committee. adjuncts) to staff the first year legal writing program. 119 law schools employ full-time legal writing teachers on a contract basis (as opposed to tenuretrack or part-time/adjunct teachers). According to this survey. It lists each U. . Of the 119 law schools. 1.

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