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SKILL SHARPENER
University of Texas’ Emerging Scholars Program part of law school trend [by Erica Winter] In response to the changing landscape of legal academia, the University of Texas at Austin School of Law School launched its Emerging Scholars Program two years ago, giving recent law school graduates and practicing lawyers a way to get their feet wet—and a way to become more competitive—in the legal teaching job market.
Texas’ Emerging Scholars Program (ESP)
put candidates out on the market before
are more like those for hiring professors in
is a two-year fellowship paying $60,000 per
they have had a chance to do any writing. So
other academic disciplines. Gradually, more
year, in which the fellow teaches a half load
they do not benefit the candidate’s pursuit of
and more academics in history, English,
of courses at the law school and works on
scholarly publication.
economics, and other areas of study started to get J.D.’s while they were pursuing their
his or her scholarship and pursues publication. ESP is similar to other visiting assistant
Aside from temporary positions in teaching
Ph.D.’s. These academics would go on the job
professorships at other law schools, with one
legal writing, Texas’ ESP may be the only
market, and some would pursue law teaching
key difference: Texas’ program is twice the
two-year temporary professorship out there
jobs. With the writing and publishing clout
length of most others.
right now, says Berman. The program has
behind them, these Ph.D.’s had a leg up on
started off with one fellow, who is now in his
J.D.’s, who did not have the same kind of
Having a two-year (instead of a one-year)
second semester. The ESP will start with hir-
paper trail.
program “is critical for us,” says program
ing two fellows per year and possibly expand
chair and Professor Mitchell Berman. “We
as the program continues. A 10-member
Seeking more information and academic
want people to be immersed here for a
committee reviews applications, including
work backing up their new professors, law
while,” says Berman. With a primary goal of
a candidate’s work so far, and references.
schools started to look for scholarship when
allowing the fellows to build up their scholar-
Texas recently made offers to two more fel-
they vetted teaching candidates, says Ber-
ship, having a two-year program is central
lows to start in the fall. Both Texas alumni
man. Traditional applicants—those just out
to that goal because of the way in which law
and graduates of other schools are encour-
of law school or coming out of years of law
professors are hired.
aged to apply, says Berman.
practice—found themselves at a disadvan-
Like a casting call for a large Broadway mu-
Recent growth in visiting assistant profes-
sical, new law professors are hired through
sor and similar positions stems from a
a centralized mass-hiring process that starts
fundamental change in legal academia, says
Plus, at law schools, as opposed to other
every August, explains Berman. Interested
Berman. It is “well nigh impossible” to get
areas of study at colleges and universities,
candidates submit materials to the American
a tenure-track teaching job at a law school
Berman says, tenure track leads to tenure in
Association of Law Schools. A first cut is
without having published written scholar-
a more direct way. Tenure is more of a sure
made, and then candidates flock to Wash-
ship, says Berman; but it did not used to be
thing for law professors than for those teach-
ington, DC, in late October or November for
this way.
ing in other fields, who might get a tenure-
tage to those with publications to back them
interviews. Then there are “fly-backs,” or
up.
track job, but find themselves denied tenure
second interviews, and hiring decisions are
A generation ago, getting hired as a law pro-
nonetheless. At a law school, says Berman,
made.
fessor was a matter of academic background
getting a tenure-track job is very close to
and success adhering to a pretty basic
just getting tenure itself, so job offers on that
If a recent J.D. finds a position as a visiting
formula. Attend a top law school (Harvard,
tenure track are becoming harder to get at
assistant professor, but it is a one-year gig,
Yale); have an excellent academic record,
the outset.
then he/she is spending her first semester
including law review; clerk for a judge for a
on the job scrambling to get his/her teaching
year after receiving the law degree, prefer-
legs under him/her and applying for perma-
ably for the Supreme Court, but another
sor trend. The school gets a teacher to whom
nent jobs at the same time, notes Berman.
appellate court would do; apply to teach; and
it does not have to offer any permanent
And even though part of the point of a visiting
get the job. Law teachers were hired based
guarantees up front, and the teacher gets
assistant professorship is to develop written
on “evidence of smarts,” says Berman.
paid to teach, but also to produce scholarship and pursue publication that could lead to a
materials expressing the person’s advanced legal scholarship, the one-year positions
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All this leads to the visiting assistant profes-
Now, standards for hiring law professors
tenure-track job down the line.