Legal Studies Scholarship: Setting the Standard for Excellence

• DOI: http://doi.org/10.1111/j.1744-1722.2009.01058.x
• Published date: 01 August 2009
• Author: Linda B. Samuels,Carol M. Bast
• Date: 01 August 2009

Legal Studies Scholarship: Setting the

Standard for Excellence

Carol M. Bast

n

and Linda B. Samuels

nn

I. INTRODUCTION

Higher education holds a unique position in society because of its dedica-

tion to developing and disseminating knowledge through scholarship. As

each discipline develops, it creates policies and practices for research,

unique to its needs and distinct from those of other disciplines. Law is an

independent area of scholarship, witha lengthy historical and philosophical

development, taught by law professors in law schools to law students, who

will mostly become practicing attorneys. However, the legal environment

significantly affects many areas of scholarship. Therefore, there are several

thousand persons trained in the law, often called legal studies professors,

who work full time and part time in departments, schools, and colleges

where the majority of their colleagues are from other research disciplines,

and the students are majoring in an area other than law.

1

Therefore, the

scholarship of legal studies professors can be a ‘‘new medium’’ to many

r2009, Copyright the Authors

Journal compilation rAcademy of Legal Studies in Business 2009

263

Journal of Legal Studies Education

Volume 26, Issue 2, 263–323, Summer/Fall 2009

We want to thank Daniel Herron, Executive Director of the Academy of Legal Studies in

Business (ALSB), for providing the membership list; George Mason University professors

Kevin Rockman and David Kravitz for their assistance with formulating the data collection

display; students Abhishek Mathur, Mayank Mehta, Farah Omer, and Elizabeth Strom for

their assistance with data collection and preparation of tables and charts; Christopher Ride-

out, Kathryn A. Sampson, and Benjamin A. Templin, participants in the Legal Writing In-

stitute Writers Workshopin the summer of 2008 for their comments on the draft manuscript;

the Legal Writing Institute for sponsoring the Writers Workshop; and ALSB members at re-

gional and the national meetings for their questions and comments.

n

Associate Professor of Legal Studies, Department of Criminal Justice and Legal Studies,

University of Central Florida.

nn

Professor of Legal Studies, School of Management, George Mason University.

1

This article will use the term ‘‘legal studies’’ to describe individuals who are academics and

who teach law-related courses outside of law schools.

colleagues and, oftentimes, the value of the legal studies professor’s schol-

arship will need to be explained and justified.

This article describes who legal studies professors are, explores what

scholarship means in higher education, and describes the several publica-

tion types available for legal studies scholarship, including peer-review

journals and law reviews. The article then examines the recent scholarship

record of legal studies professors by providing information on the educa-

tional institutions where they are located and the journals in which they

publish.

Evaluation of scholarship of legal studies professors plays a central

role in reaching decisions on annual review, renewal, promotion, tenure,

and accreditation. For the legal studies discipline to thrive, it is incum-

bent that what ‘‘legal studies scholarship’’ is and its value be explained to

professors trained in other disciplines. By knowing where legal studies

faculty typically publish and the quantity of publication, productivity de-

terminations can more easily be made. The authors hope this article will

significantly contribute to a better understanding of current practices

within the discipline and thereby provide information to inform the de-

bate regarding the scholarly contribution of the legal studies discipline to

the mission of the schools and colleges where legal studies professors

work.

II. LEGAL STUDIES PROFESSORS

A considerable number of attorneys teach law-related courses at postsec-

ondary institutions outside law schools.

2

Many of these ‘‘legal studies’’

2

Attorneys teach individual law-related courses and courses within law-related programs. A

recent study using 2005 data identified academic law-based and law-related programs at the

undergraduate level. Carol J. Miller & Susan J. Crain, Law-Based Degree Programs in Business

and Their Departments: What’s in a Name? (A Comprehensive Study of Undergraduate Law-Based

Degrees in AACSB-Accredited Universities),24J.L

EGAL STUD.EDUC. 235, 236 (2007). The study

found that just over 40 percent of universities have law-related programs. Id. at 268–69. The

programs include ‘‘legal studies programs, prelaw degrees, ‘law and society’degrees, and law

specializations within a discipline program.’’ Id. at 236. ‘‘Such law-based programs heighten

awareness of legal issues facing businesses, help prepare students for law school, or foster a

citizen’s understanding of legal issues.’’ Id. The American Bar Association Division for Public

Education has a national directory of law-related programs. American Bar Association Divi-

sion for Public Education, National Directory of Law-Related Programs, http://publiced.

abanet.org/lre/ (last visited Oct. 1, 2008).

264 Vol. 26 / The Journal of Legal Studies Education

professors are housed within the business school of the university;

3

how-

ever, a significant number are housed in colleges or schools within the

university other than business schools.

4

The home department or area of

the legal studies professor is usually multidisciplinary,

5

and the college or

school is always multidisciplinary.

6

This is an important difference from the

situation for most faculty in law schools.

Many legal studies professors, especially those who teach in business

schools, are affiliated with the Academy of Legal Studies in Business

(ALSB). ALSB,

7

founded in 1924, is an international academic organiza-

3

A substantial number of legal studies professors teach business law in business schools. For

example, the second author is a professor within her university’s equivalent of a business

school, the School of Management, of George Mason University. The Miller and Crain study

estimated that universities average two or three business law professors. Miller & Crain, supra

note 2, at 279. The study found that fifty-seven universities have law-related programs within

business schools. Id. at 268–69.

4

The Miller and Crain study identified a significant number of universities with law-related

programs outsideof business schools. Id. For example, the firstauthor is a professor in a legal

studies programlocated outside of her university’sCollege of Business Administration;she is a

professor within the College of Health and Public Affairs of the University of Central Florida.

5

Legal studies professors, whether inside or outside of business schools, typically share a de-

partment with professors from other disciplines. In business schools in the Miller and Crain

study,accounting, finance, and management departments most commonly house legal studies

professors. Id. at 258–59. Outside business schools, a legal studies professor might share a

department with professors from one of a variety of disciplines. For example, at the University

of Central Florida, the Department of Criminal Justice and Legal Studies houses legal studies

professors.

6

For example, the College of Health and Public Affairs of the University of Central Florida

houses the Departments of Communication Sciences and Disorders; Criminal Justice and

Legal Studies; Health Professions; and Public Administration and the School of Social Work.

At George Mason University, the School of Management offers undergraduate majors in ac-

counting, finance, management, marketing, and information systems and operations man-

agement as well as a number of masters programs. See http://www.som.gmu.edu (last visited

Oct. 1, 2008).

7

The ALSB Web site contains information on the organization. ALSB, http://www.alsb.org/

(last visited Oct. 1, 2008). The ALSB is a vibrant academic organization, hosting an annual

meeting each August; offering eight subject-specific sections in which ALSB members can

participate; sponsoring two academic peer-reviewed journals, the American Business Law Jour-

nal and the Journal of Legal Studies Education; and publishing refereed proceedings of the

annual meeting. Each of the eleven regional academies of legal studies in business, affiliates of

ALSB, hosts an annual meeting and some sponsor journals and publish proceedings of the

annual meeting. A strong connection exists between the ALSB and the regionals. For exam-

ple, each regional sends a delegate to the ALSB house of delegates meeting, held during the

ALSB annual meeting, and ALSB officers are expected to attend meetings of several of the

2009 / L egal Studies Scholarship 265