Spring 2017 Spring 2017 Gavel-low res | Page 24

SYSTEM TOO LEAN ?

SYSTEM TOO LEAN ?

KATHRYN R . L . RAND Dean , University of North Dakota School of Law
If your car ’ s system is too lean , the engine isn ’ t getting enough fuel . The “ check engine ” warning light is triggered because running too lean can cause permanent damage to the engine . The same is true for businesses and other organizations . Operating with too few resources can compromise productivity and quality in ways that may be difficult to reverse .
So where is the line between lean – maximizing quality while minimizing resources – and too lean – compromising quality through insufficient resources ? That ’ s the question the School of Law has been grappling with as we implement another round of deep budget cuts .
At the School of Law , we have long prided ourselves on “ doing a lot with very little .” It ’ s one of our North Dakota values to use our resources responsibly . Our revenue comes from our students , our state , and our alumni and friends , and we owe it to them to spend those dollars wisely and even frugally . That strong sense of responsibility has guided our resource allocation decisions for years . We had been working to increase cost effectiveness long before recent statewide budget cuts .
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As a result of our cost-conscious approach , the School of Law already was lean . Our faculty is relatively small , even for a school our size . The law school ’ s current enrollment is approximately 240 students , with a target entering class size of 85 students . We have 17 full-time faculty including the dean , associate dean , and law library director . By way of comparison , the University of Wyoming , with an entering class of 95 , has 22 fulltime faculty . The University of Nebraska- Lincoln , with an entering class of 102 , has 28 full-time faculty ; the University of New Mexico , with an entering class of 111 , has 33 full-time faculty ; and the University of West Virginia , with an entering class of 103 , has 35 full-time faculty .
A law school with a small full-time faculty might reasonably rely on adjunct faculty to support the curriculum . In the latest round of budget cuts , we had to eliminate adjunct stipends , meaning we can no longer afford to pay our adjunct faculty . As a result , our curriculum is constrained by our resources , leaving us with limited capacity to teach courses in small sections for better learning outcomes or to add courses in response to student interest or state legal needs .
We are so sparse in terms of staff that our last ABA accreditation site visit report described our administrative staffing as “ no more than adequate :” “[ T ] he Dean and her supporting staff appear to effectively administer and develop the educational program at the School of Law , including the curriculum , the methods of instruction , admissions and academic standards . . . Even when accounting for the relatively small size of the School of Law , the administrative resources available for the effective management of the institution are no more than adequate . The administrative team was observed to be competent , cohesive , enthusiastic and mutually supportive . The team is simply lean for the tasks facing them . More than one member of the administration performs functions that would be the responsibility of multiple separate administrators at many other law schools .” That was before our 2016 and 2017 budget cuts and resulting reductions in force .
We know the statewide budget cuts were necessitated by the state ’ s economy , and we respect that our university implemented them through across-the-board deep cuts to the academic colleges , including the School of Law . There was no easy way to make these cuts at the law school , the university , or the state . Another North Dakota value we share is that when times are tough , we all do our part . That ’ s certainly true at the School of Law . Our faculty , staff , and students all are sharing in bearing the burden of budget cuts .
I believe , though , our School of Law has reached the point that our “ check engine ” light is on . A business or organization that is too lean risks compromising quality when all available resources are dedicated to critical operations and basic services . A toolean law school may not be able to sustain a high-quality educational program , risking student recruitment and retention , as well as student success . A too-lean law school may not be able to meet even ordinary challenges , such as offering a new course or covering for an employee on long-term sick leave . A too-lean law school may not be able to seize opportunities or operationalize strategic priorities .
The School of Law ’ s “ check engine ” light means that we have something we need to fix . In my next Gavel column , I ’ ll share some of the solutions we are developing at the School of Law , including with regard to practice-oriented experiential courses , the Rural Justice Program , courses in energy and oil and gas , and student success during and after law school .