Workshop on Clinical Legal Education
Expanding Visions of Scholarship*: Making It Happen

May 9–12, 2001

Law Clinic Directors' Workshop

Sample Definitions:

Barry University School of Law

The school has traditional tenure but with different standards for those who teach in different tracks. The portion below is a quote excerpted from the Faculty Governance Document.

“Scholarship. The criteria for scholarship may be satisfied by authoring and updating substantive teaching materials and manuals or by authoring and updating substantive practice aids or comparable resources for members of the practicing bar.”

Boalt Hall School of Law

Boalt has a clinical professorship track. This is a definition and description of “research and creative work”. APM is the university’s Academic Personnel Manual.

“Research and creative work. APM 210-1d(2) provides, in part: 'Evidence of a productive and creative mind should be sought in the candidate’s published research or recognized artistic production in original architectural or engineering designs, or the like.'

In addition to their teaching, clinical and skills faculty should contribute (1) to the development of the law, lawyering or legal education, or (2) to the improvement of legal institutions or procedures. Given the pragmatic nature of clinical and skills faculty’s work and the responsibilities inherent in teaching in this setting, clinical and skills faculty are not expected to publish work of the same type and quantity as non-clinical tenure-track faculty. Nor is the work of clinical and skills faculty to be evaluated under the same standards applied to the work of tenure-track faculty, though the work should be of high quality and significance. For the promotion of clinical and skills faculty, there is the expectation and evaluation of one area of written work, or a combination of several areas of written work, which could be: (a) writing on law, lawyering, legal education, legal institutions or procedures; (b) practice-oriented materials (including, for example, manuals, articles in practice/bar publications, cd-roms, or other materials intended to assist practitioners); or (c) briefs, technical reports, policy recommendations or other documents, submitted in conjunction with legal, legislative or administrative proceedings, which the clinician has written or to which the clinician has made a substantial contribution."

University of the District of Columbia

The University of the District of Columbia has one standard for scholarship that applies to all faculty members. Because of its mission’s emphasis on serving the underrepresented and clinical education, the school does not distinguish the requirements of scholarship from community service. This is the school’s official definition of scholarship.

“Scholarship. In any law school, the expectation is that a member of the faculty will engage in disseminating the results of current research in law and legal institutions. Research is important both to advance knowledge and to improve teaching. Scholarship is an important part of every law professor’s professional activity throughout an entire career. In the evaluation process, we seek to determine the promise that the faculty member has in scholarship. The evaluation process itself is not to be the impetus for the scholarship. Scholarship must be self-initiated and self-sustained. Activity showing a career-long commitment to scholarship should begin early. As part of the application for retention, or for promotion from Assistant Professor to Associate Professor, the applicant must submit at least one published scholarly work or a law practice related equivalent of high quality and at least a draft of another such work which promises to be of high quality. As part of the application for promotion from Associate Professor to Professor and for the award of tenure, the applicant normally must submit at least three published scholarly works of high quality or three scholarly equivalent works related to the practice of law (which may include published scholarly works or law practice related equivalents previously submitted as part of the application for promotion to Associate Professor). Co-authored works will be considered to the extent that authorship can be attributed to the applicant. As used in this context, a scholarly work is a work which reflects originality, creativity, intellectual inquiry, and which contributes to the growth and understanding of the law.”

Drake University

This commentary was offered by a clinician at Drake with respect to their definition of scholarship as it pertains to clinicians.

Theoretically, at Drake, briefs and course materials can count as scholarship for a person teaching primarily in the clinic. That said, it would be unsafe for someone to go for tenure with only those kinds of material at Drake.

George Washington University Law School

This is an excerpt quoted from the faculty rules at The George Washington University Law School.

“Quality and Quantity of Professional Writing. Written work, such as teaching materials, briefs and other activities, grant applications, and proposed legislation or regulations shall be considered. Written work shall be judged by its thoroughness, the quality of legal analysis, and clarity of expression.”

Georgetown University Law Center

The following definition is quoted from the contract-track standards.

“Writing. Contract-track faculty promoted or appointed to the rank of Professor are expected to have demonstrated the ability to produce a high quality of written work, although the content and format of that work may differ from those produced by candidates for the tenure-track faculty. Although clinicians* writings may be partially or entirely in the form of briefs, memoranda, studies, statutes, regulations, teaching materials or reports if those formats are appropriate to advancing either the state of the law in the area in which the clinician is working or the state of clinical teaching methodology, and the quantity of formal writing may be less than that expected of members of the tenure-track faculty, quality writing is still a requirement at this senior level. Whatever writing is produced should evidence an active, inquiring, insightful, and intellectually curious mind that indicates that the writer will continually strive for personal and intellectual growth and development. While traditional scholarship is not a requirement for promotion in the contract-track faculty, any such scholarship may be considered positively in connection with consideration for promotion.”

The excerpts below are quoted from a memorandum on tenure and promotion standards.

“Evidence of Scholarship and Research. Inquiry into scholarship attainment is a vital aspect of the more general inquiry underlying the tenure process: Is the candidate a person of demonstrated intellectual and professional ability so that a long-term commitment is warranted? Several purposes are served by the requirement that faculty members demonstrate evidence of scholarship and research as one aspect of their overall qualifications for tenure and promotion. First the quality of scholarship is a partial measure of the quality of the mind that produces it. Without evidence of an active, inquiring, insightful, intellectually curious mind, there can be no reliable prediction that the candidate will continue to function in all aspects as a challenging, up-to-date, stimulating and knowledgeable teacher. Second, evidence of scholarly ability and actual productivity are some indication that the candidate’s capabilities and professional pride will cause the candidate to continually strive for personal growth, to search for new ideas and to avoid complacency with the level of his own personal and intellectual development. Evidence of scholarship is generally characteristic of a person who not only has achieved a high level of professional accomplishment, but who is likely to continue to develop professionally. Third, the tenure process itself helps to define the nature, identity and aspirations of Georgetown. A requirement of evidence of scholarship is a statement of what the institution believes to be the role of law professors and of law schools in society. Thus, the standards require no compromise on Georgetown’s commitment that its faculty are expected to work actively and creatively as scholars, in the broad sense, in the law, outside the classroom as well as in it.

Form in Which Scholarship and Research May Be Manifested. In respects pertinent to the law faculty the University’s Faculty Handbook says of scholarship: While there is no concise definition of what may constitute evidence of scholarship, it is generally recognized that a scholar has a wide and critical command of the field of his study as well as broad cultural interests. The highest indication of scholarship is the ability to make original contributions in his field of knowledge. Scholarship is generally evidenced by scholarly publications of high quality. . . . .

In applying this governing standard to legal research, it must be noted that legal scholars can find many outlets to pursue their areas of scholarship and research. Interests may range from the highly abstract to eminently practical contributions. Legal scholars may seek to accomplish a wide range of purposes in their scholarship. Excellence in scholarship that contributes to the Georgetown community, the community of legal scholars and professionals, and the wider academic community can be manifested in may forms. However varied the purposes of scholarship and however diverse the forms in which scholarship is manifested, it must (a) ultimately appear in writing, (b) be the result of thoughtful labor, and (c) be disseminated to, and warrant recognition by, a significant audience, having in mind the special characteristics and purpose of the work. Illustrations of appropriate forms of scholarship include the following:

1. books
2. articles
3. book reviews of significant length and scope
4. research project reports such as those under the auspices of an institute at Georgetown Law Center, the American Bar Foundation, or under contract research
5. publications of learned societies such as ALI, ABA, other bar associations of AALS, and various judicial and administrative conferences
6. publications resulting from professional service, including the briefing of threshold cases as might result through participation with legal aid or similar welfare services, the conduct of arbitrations, court appointments, or acting as master
7. publications stemming from governmental appointments such as presidential or other executive commissions, legislative committees, court appointments or administrative agency appointments
8. significant scholarly contributions resulting from activities of clinical legal education programs, or as evidenced by briefs, memoranda, studies, statutes, regulations, teaching materials, or reports, if those formats are appropriate to advancing either the state of the law or the state of teaching methodology.

With respect to collaborative work, it is the professor’s own contribution that is considered as evidence of scholarship.

Questions have arisen as to whether material that is designed for classroom use (but is otherwise unpublished) may qualify as evidence of scholarship. Written work is not disqualified from being *scholarship* simply because it is in the form of materials designed for classroom use. Teaching materials that are substantial, original and comprehensive may meet the standards of scholarship described herein.”

University of Memphis

The University is in the process of developing standards, which should be voted on soon. The proposed definition is as follows.

“Clinical scholarship” is intended to include material of a nature significantly different from traditional academic scholarship produced by tenure track faculty. Clinical scholarship derives from work in a clinical setting in which clinical faculty engage in a teaching practice and includes: articles about substantive topics or legal education published in professional journals; books; treatises; practice manuals; research studies or reports submitted to the organization that sponsored the research; revisions; supplements; statutes; and drafts of legislative bills. Clinical scholarship also includes papers presented at professional meetings or seminars if the papers were reproduced and distributed to the attendees. Clinical scholarship also includes, but may not be entirely satisfied by, teaching materials for courses and simulations that have been produced and used in teaching of a low school course. Where a candidate has prepared a portion of a treatise, this work will not be considered for promotion unless the portion written by the applicant is clearly identifiable and has been attributed to the applicant in the treatise.”

Pace University

These excerpts are quoted from Pace’s official materials.

“Professor. The rank of Professor is to be accorded to persons who have manifestly achieved excellence in teaching, scholarship and research, contributions to the work of Pace University, the Law School and service to the legal community, and public. Scholarship sufficient to evidence such excellence should include substantial publication, such as publication of three articles of high quality in recognized professional journals, or the substantial equivalent, as in publishing a book. The rank should normally be reserved for persons holding the LL.B. or J.D. degree, a member of a state bar, with at least seven years of teaching experience, at least two of those seven years at Pace Law School.

Associate Professor. The rank of Associate Professor is to be accorded to persons who have substantially demonstrated high quality in teaching scholarship and research, contributions to the work of Pace University and the Law School and service to the legal community and public. Scholarship sufficient to evidence such excellence should include publication such as one article of high quality in recognized professional journals. The rank should normally be reserved for persons holding the LL.B. or J.D. degree, having at least three years of teaching experience, at least two of those years at Pace Law School.

Assistant Professor. The rank of Assistant Professor is the entry level rank for members of the Faculty of the School of Law. It is to be accorded to persons holding the LL.B. or J.D. degree with an excellent academic record and offering evidence of potential for accomplishment and promise of achievement in teaching, scholarship and research, contributions to the work of Pace University and the Law School and service to the legal community, University and public.

Tenure. Tenure shall normally be granted only to persons holding the rank of Professor of Law or Associate Professor of Law, and who have demonstrated outstanding performance in teaching, scholarships and research, and who have performed substantial service within and without the University. Scholarship should normally be demonstrated by substantial publication, such as three articles of high quality in recognized professional journals or the substantial equivalent, as in publishing a book. Tenure candidates should have made recognized contributions to Pace University, the Law School and to a mutually enhancing relationship between students and colleagues. Tenure carries with it the expectation that the person will continue to achieve excellence in teaching and promise of continued excellent scholarship including publication of quality law review articles or the equivalent at regular intervals, and will continue to serve actively the University, Law School and public.

Reappointment. Reappointment for a year or a term of years should normally be granted only to those who have made reasonable progress toward satisfying the requirements for tenure.

Research and Scholarship. Appraisal of accomplishment in research and scholarship shall be based on a close reading of published articles or works and obtaining the professional opinions and independent review of recognized authorities in the field of the published articles or works. A commitment must be demonstrated to original research and legal scholarship and a demonstrated ability to produce and publish scholarly work of high quality. The ability to critically analyze, synthesize, and expound sophisticated factual and legal subjects shall be shown. Participation on panels, in conference, lectureships, preparation of statutes and codes, book reviews and other evidence of scholastic commitment and recognized ability shall be considered and weighed as such works may merit.

Faculty Titles. There shall exist at the law school only those faculty ranks as currently defined in the Constitution: Assistant Professor of Law, Associate Professor of Law and Professor of Law. Generally, there shall be no distinction between faculty members whose primary responsibility is to teach traditional classroom courses and those whose primary responsibility is to teach clinical courses. As used herein, “clinical courses” means in-house clinics, advocacy and other lawyering skills courses.

Appointment, Promotion and Tenure, Generally. The criteria set forth in Article IV of the Faculty Regulations Governing Tenure, Promotion and Reappointment shall apply to all candidates seeking initial appointment, promotion or tenure to a faculty position in which their primary responsibility will be to teach clinical courses. In addition, the special qualifications set forth below shall be required. Tenure and Promotion to Professor of Law. Faculty whose primary responsibility is to teach clinical courses shall be evaluated for tenure and promotion to Professor of law on the basis of their satisfaction of the qualifications for initial appointment (see paragraph C, supra) and promotion (see paragraph D, supra) and also on the basis of the following factors:

Scholarship. In light of the nature of clinical teaching, its extraordinary time demands and the numerous, specialized skills it requires, the nature and quantity of scholarship required of faculty whose primary responsibility is to teach clinical courses shall be tailored to reflect their special interests and focus but shall be measured by common standards of thoroughness, analytic power, creativity and presentation. The scholarship requirement may be satisfied not only by traditional forms of scholarship, but by written or other permanent works that enrich clinical teaching and by other forms that evolve from involvement in clinical teaching. Examples include traditional law review articles, articles about substantive topics or legal education published in professional journals, books, treatises, practice manuals, studies or reports, revisions, supplements, statutes, course and simulation materials, and litigation documents, including briefs and memoranda of law. At least one major work, equivalent in length and complexity to a traditional law review article shall be required. In addition, two other works, or the equivalent, shall be required. Litigation documents shall not be considered except at the specific request of the candidate and then shall be evaluated in the context of the purpose the document served in the litigation in which it was submitted. In the event that the faculty lacks the expertise to evaluate properly a particular work due to its technical or unique nature, efforts shall be made to have the work evaluated by nationally prominent legal educators expert in the particular area.

Faculty Titles. There shall exist at the Law School only those faculty ranks as currently defined in the Constitution: Professor of Law, Associate Professor of Law, Assistant Professor of Law and Professor of Law for Designated Project or Service. Generally, there shall be no distinction between faculty members whose primary responsibility is to teach in the Legal Analysis and Writing (hereinafter LAW) Program, those whose primary responsibility is to teach traditional classroom courses, and those whose primary responsibility is to teach clinical courses.

Scholarship. In light of the nature of the responsibilities of the teachers in the LAW Program, and its extraordinary time demands, the nature and quantity of scholarship required of faculty whose primary responsibility is to teach in the LAW Program shall be tailored to reflect such time demands but shall be measured by common standards of thoroughness, analytic power, creativity and presentation. The scholarship requirement may be satisfied not only by traditional forms of scholarship, but by written or other permanent works that enrich LAW teaching and by other forms that evolve from involvement in LAW teaching. Examples include traditional law review articles, articles about substantive topics or legal education published in professional journals, books, treatises, practice manuals, studies or reports, revisions, supplements, statutes, course and simulation materials, and litigation documents, including briefs and memoranda of law. At least one major work, equivalent in length and complexity to a traditional law review article shall be required. In addition, two other works, or the equivalent, shall be required. In the event that the faculty lacks the expertise to evaluate properly a particular work due to its technical or unique nature, efforts shall be made to have the work evaluated by nationally prominent legal educators expert in the particular area.”

Seton Hall

Seton Hall’s standards for a long-term contract come into play following a series of five one-year contracts. They are quoted below.

“The requirement of excellent scholarship shall be evidenced by at least one publication in a law review or other independently professionally published work, which may be supplemented by significant briefs or outstanding written class materials, each of which demonstrates the requisite high quality.” We’ve only had one person apply for a long-term k thus far, and no one has done/is doing “clinical scholarship,” as opposed to general/public interest scholarship. My sense is that we’ve made some progress w/ the powers that be that “clinical scholarship” is “excellent scholarship,” but it hasn’t been put to the test yet. Neither has the role of briefs/class materials been put to the test (i.e., whether a mediocre law review article could be supplemented by outstanding briefs/class materials so that the whole package rises to an acceptably high level).”

Southern Illinois University

This is quoted from the promotion papers for clinical faculty as Southern Illinois University.

“All Legal Clinic faculty members are expected to engage in high quality writing and publication. This work may differ somewhat from that done by tenure-line Law School faculty. Nevertheless, highly analytical writing for law reviews is encouraged. In addition, Legal Clinic faculty members will be expected to produce the following kinds of writings and publications: (a) articles in bar journals, specialized journals, and those covering clinical or legal education; (b) teaching materials for clinical education; (c) briefs or memoranda on significant legal issues; (d) practice manuals; (e) testimony in support of legislative proposals; and (f) continuing legal education materials. Further, “for promotion to clinical associate professor, the Legal Clinic faculty member must have demonstrated excellence in clinical teaching and substantial progress toward excellence in the other three areas. ... the faculty will have done some significant writing and publication.” “for promotion to clinical professor, ....... must have done substantial writing and publication. Finally, note that the clinic director is a tenure-track line with the same scholarship requirements as any one in a tenure track position.”

University of Toledo

The following is quoted from official materials at University of Toledo.

“Traditional scholarship in the form of law review articles is not required for appointment, reappointment or promotion of Clinical Instructors. However, clinicians are expected to make contributions to legal education and to the legal profession which go beyond their teaching activities. Such contributions may take the form of presenting papers; organizing conferences; providing training; publishing articles; engaging in leadership within the organized bar, the Clinical Legal Education Association or the Clinical Section of the A.A.L.S.; or producing teaching materials (including exercises and videotapes), briefs, memoranda, studies, legislative proposals or reports, as those formats may be appropriate to advance clinical teaching methodology, legal education or the state of the law in the area in which the clinician is working. Such efforts may be the product of collaboration with other clinicians and with students in the clinical program. “

Vanderbilt University Law School

This is quoted from the faculty by-laws at Vanderbilt Law School. It is taken from the standards pertaining to the clinical professor track, which is a long-term contract status.

For purposes of this evaluation, “written legal work” is intended to include formal written material of a nature significantly different from traditional academic scholarship produced by tenure-track faculty. The candidate’s written legal work is expected to derive from work in a clinical setting in which faculty clinical faculty engage in a teaching practice. Such work includes case-related material such as briefs, memoranda, studies, statutes, regulations and reports; practice-related articles, manuals and books; and clinical teaching materials and other writing related to the clinical methodology. Case-related material is expected to advance the state of the law; practice-related material is expected to contribute to the body of literature designed to assist lawyers, judges and other professionals engaged in the practice of law; written work in the form of teaching materials is expected to advance the state of the clinical teaching methodology. Traditional legal scholarship is neither necessary nor expected in order to demonstrate excellence in written legal work. When, however, a candidate submits traditional legal scholarship, such scholarship will be evaluated according to traditional criteria of scholarly excellence.

Washington University-St. Louis

Washington University School of Law has a unified tenure track and one standard of scholarship that applies to all faculty members. All faculty teaching clinical courses also teach courses outside of the clinic, and course loads as well as the student/faculty ratios in the clinic are adjusted to afford faculty teaching clinical courses approximately the same opportunity to pursue scholarship as other faculty members. The law school has not adopted a particular definition of legal scholarship, though conventional wisdom is that law review articles or books are usually expected to achieve tenure. The scholarship produced should demonstrate that the faculty member is recognized among the community of scholars writing in the particular area or field.

Willamette University

The information we received is that Willamette University has no definition, and has just recently hired their first tenure-track clinician with the expectation of scholarship.