Paul L. Caron

Thursday, July 4, 2019

The Anatomy Of Tenure And Academic Survival In Legal Education

Stephen J. Leacock (Barry), Tenure Matters: The Anatomy of Tenure and Academic Survival in Legal Education, 45 Ohio N.U. L. Rev. 115 (2019):

This article is a modest journey into the universe of tenure in order to discover the components of its value to educational institutions and their faculty, and to effectively appraise this value. Very briefly, the article discusses the history and nature of tenure and then addresses factors implicated in its attainment and loss including litigation by applicants who were unsuccessful in the quest to acquire it in the first place. The criteria applied by educational institutions' evaluators in deciding whether to grant tenure, as well as matters pertinent to its retention, loss and legal measures attendant on these events are also discussed, analyzed and evaluated. After the introduction in Part I, Part II explores the origins of tenure, and Part III discusses the nature of tenure. Part IV analyzes its legal prerequisites and Part V discusses the procedures for earning an award of tenure as well as the concept of de facto tenure. Part VI concentrates on tenure's benefits to faculty members and Part VII acknowledges criticisms of tenure. Part VIII examines certain bases for termination of tenure.  Part IX is the conclusion. ...

Essentially, tenure provides educational institutions "with a core base of [faculty members] who are interested in the long term" evolution of institutional excellence, ingenuity, and accomplishments. Additionally, tenure provides faculty members with job security, while providing the educational institutions that bestow it with a team of employees committed to diligently striving towards creative ideas that sustain and promote the credibility of both tenured professors and the educational institutions that have granted them tenure. Therefore, tenure is reciprocally advantageous to both the faculty members on whom it is bestowed and the educational institutions that grant it. Tenure promotes the welfare of the educational institutions that grant it, while empowering and energizing the individuals who earn it. Thus, tenure is here to stay. Its positives outweigh its negatives.

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