UN I V E R S I T Y D A I L Y K A N S A N Friday, February 5, 1993 5 Editor's note: The entire memo from Robert Jerry, dean of law, to Del Brinkman, vice chancellor for academic affairs, is printed here. JERRY'S MEMO TO BRINKMAN Today, I have prepared a separate memorandum discussing the ABA Accreditation Committee's concerns about the KU law school's resource base. I have also given you some preliminary fiscal year 1993 comparisons on how we compare nationally and to Washburn in the area of faculty salaries. In this memorandum, I will sketch out in a preliminary way my own view about what has happened in this state with the funding of legal education and a vision of how this should be changed. Washburn University, and particularly its law school, has prospered outside the Regents system. According to data published the last two years in the "Chronicle of Higher Education." Washburn's professoriate (law and other departments) is the highest paid in Kansas. Over the past five years, Washburn law school has leapt from the bottom 10 nationally (in terms of faculty salaries) to near the midpoint nationally. This has been accomplished with significant public assistance: Of the state's allocation to Washburn, my understanding is that between $600,000 and $700,000 goes directly to the Washburn law school's base budget. This state support, when combined with the tuition dollars that the Washburn law school gets to retain, has created a situation I never thought I would witness: Washburn law school's resource base exceeding that of the KU School of Law. As a matter of state public policy, this situation makes absolutely no sense. The state has assisted in the advance of a low-quality law school, with a faculty whose credentials cannot even compare to ours, with a student body (I believe to be) composed of more non-residents percentage-wise than our own, and with a student body of significantly lower quality. At the same time, the state has failed to provide adequate resources to fund the state's one public law school. In a sentence, the state law school is in the process of getting leveled while a low-quality law school gets improved. As matter of wise investment of public funds, no one — except a Washburn law school alumnus — would view this as a smart thing to do. But it is happening in the worst way possible — by default, without any planning or consideration of its implications for the state's own good. How should it be done? Other states (the closest is Iowa) give us the model. The state should invest in a public law school that is expected to serve Kansas residents (as we now do). A sufficient resource base to enable the school to be identified as among the top 10 public law schools in the country should be provided. This will ensure that high-quality Kansas residents will not feel that they need to go out of state to get a quality legal education. There is room in Kansas for a second law school, and that school should be in Topeka at Washburn. If the state only had one law school, we would be the second largest state population-wise to have only one law school. (South Carolina is larger, and West Virginia, the second-largest one-law school state, is much smaller than Kansas.) Whether or not a part of the Regents system, the Washburn law school should be "privatized," i.e., funded on a private-school model (like Drake, Creighton, DePaul, Chicago-Kent, Valparaiso). All state funding now provided the Washburn law school should be transferred to the KU School of Law (not to Washburn University) as a way to enhance the state's public law school. Washburn law school should charge whatever tuition it needs to sustain its operation, and it should not be limited in the number of non-residents it chooses to enroll. This would mean that high-quality Kansas residents would receive a state-subsidized education at KU; lower-quality Kansas residents would still have an option to get an education in Kansas (i.e., at Washburn), but they would have to pay more, which is reasonable because at a certain point the state should not be in the business of subsidizing the graduate education of lower-quality students. If the state is concerned that some high-quality Kansas residents may not get admitted to the KU School of Law and thereby receive the state's support, part of this reform could include a slight expansion (e.g., 15 resident students per class) of the KU School of Law, which would cause the school size to be closer to 550 than to 500. Washburn law school has accomplished its growing prosperity by appealing to the Washburn regents to "catch up with KU". 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