The Hidden Costs of Outsourcing: Why Alaska Needs its Own Law School

The Hidden Costs of Outsourcing: Why Alaska Needs its Own Law SchoolTimothy R. Watts, J.D.Instructor of Law & Justice

The United States shall guarantee to every State in this Union a Republican Form of Government..ARTICLE IV, SECTION 4Constitution of the United StatesBefore we begina little disclaimerAny statements made, views expressed, or opinions given represent my personal views and opinions alone. None of these statements, views, or opinions given by me (nor any of the information appearing on these slides) are endorsed by, nor do they necessarily reflect, the opinions of the University of Alaska, UAA, nor any other colleges or organizations affiliated with these institutions.Re-introducing and Old DebateAlaska is the only state in the U.S. without its own law school.North Dakota, Vermont, and Wyoming each have a law school and a lower population.So why dont we have one?Do you really want more lawyers around? he Hidden Costs of Outsourcing: Why Alaska Needs its Own Law School

Forty-nine out of fifty states have a law school within their borders. Small population sizes nor geographic factors seem to deter the building of at least one in every stateexcept Alaska. Wyoming, Vermont, and North Dakota have smaller populations than Alaska but each have a law school. This question is not new. It has been asked since statehood. Resistance to the creation of a law school has been strong. The idea has been generally found to be unfeasible or unnecessary of both.

Studies on this question, however, focus on a peculiar question: DoesAlaska have enough lawyers already? The answer is thus a foregone conclusion. Who would ever say any place needs more lawyers?

In this presentation, I argue that these studies do not ask the complete question. I also argue that the assumed costs in these studies have been far too high, and the essential benefits a law school brings have been ignored entirely.3Objections anyone?Lawyer AI objectquestion is leading!Lawyer BI object too! Question has been asked and answered!

Legal Scholar A: Wait! Maybe we should research this first..

Number of Active & Resident Lawyers Per Capita by State

Light Greenfewer lawyers hanging aroundDark Greenmore likely to find lawyers wherever you go5Lawyers by State(Data is as follows: State -- Population -- # of Lawyers -- # of Lawyers per 10,000 otherwise normal residents)D.C.632,32351,271810.84New York9,570,261163,79883..7Massachusetts6,646,14442,48363.9Connecticut3,590,34720,84258.1Illinois12,875,25560,06946.6New Jersey 8,864,59040,99746.2Minnesota 5,379,13923,77444.2California 38,041,430159,82442.0Missouri6,021,98824,27640.3 Colorado5,187,58220,76840.0 Louisiana4,601,89318,32739.82Rhode Island1,050,2924,06038.66 Pennsylvania12,763,53648,94738.4 Maryland5,884,56322,47738.2 Vermont626,0112,27036. Puerto Rico3,706,69013,28235.8 Florida19,317,56866,55634.518 Washington6,897,01223,74134.419 Michigan9,883,36033,69234.09Oklahoma3,814,82012,97834.0Alaska731,4492,41833.1Ohio11,544,22537,74532.7Oregon3,899,35312,27631.5Delaware917,0922,85331.1

Source: Lawyer Statistical Report & Law School Tuition Bubble Bloghttp://lawschooltuitionbubble.wordpress.com/#STATE2012 POPULATIONNO. LAWYERS ACTIVE & RESIDENT (2012)NO. LAWYERS PER 10,000 RESIDENTS (2012)1District of Columbia632,32351,271810.842New York19,570,261163,79883.703Massachusetts6,646,14442,48363.924Connecticut3,590,34720,84258.055Illinois12,875,25560,06946.656New Jersey8,864,59040,99746.257Minnesota5,379,13923,77444.208California38,041,430159,82442.019Missouri6,021,98824,27640.3110Colorado5,187,58220,76840.0311Louisiana4,601,89318,32739.8212Rhode Island1,050,2924,06038.6613Pennsylvania12,763,53648,94738.3514Maryland5,884,56322,47738.2015Vermont626,0112,27036.2616Puerto Rico3,706,69013,28235.8317Florida19,317,56866,55634.4518Washington6,897,01223,74134.4219Michigan9,883,36033,69234.0920Oklahoma3,814,82012,97834.0221Alaska731,4492,41833.0622Ohio11,544,22537,74532.7023Oregon3,899,35312,27631.4824Delaware917,0922,85331.1125Texas26,059,20380,65730.9526Montana1,005,1413,00829.9327Hawaii1,392,3134,10729.5028Virginia8,185,86724,09129.4329Kentucky4,380,41512,89129.4330Alabama4,822,02314,13529.3131Maine1,329,1923,86529.0832Wyoming576,4121,66828.9433Georgia9,919,94528,52028.7534Kansas2,885,9058,15628.2635Nebraska1,855,5254,98326.8536Wisconsin5,726,39815,36426.8337New Mexico2,085,5385,51326.4338Tennessee6,456,24316,94726.2539West Virginia1,855,4134,85426.1640New Hampshire1,320,7183,44926.1141Utah2,855,2877,30925.6042Nevada2,758,9316,85024.8343Iowa3,074,1867,30823.7744Indiana6,537,33415,51223.7345Mississippi2,984,9266,95523.3046Idaho1,595,7283,62722.7347South Dakota833,3541,86522.3848North Dakota699,6281,54622.1049Arizona6,553,25514,47122.0850North Carolina9,752,07321,28021.8251South Carolina4,723,7239,53720.1952Arkansas2,949,1315,92820.10USA AVERAGE313,914,0401,244,12039.63

6Incoming..

Employed Lawyers by State

41New Mexico2,033,8753,01915.0442Michigan9,931,23514,79014.8643Iowa3,023,0814,46714.8544South Carolina4,596,9586,70314.7245North Carolina9,458,88813,65314.5946Indiana6,445,2959,24914.4147Alaska708,86299314.2948Wyoming547,63775713.9149Oregon3,855,5365,04913.2150Mississippi2,960,4673,77012.7851Puerto Rico3,721,9783,94910.56

Source: Lawyer Statistical Report & Law School Tuition Bubble Bloghttp://lawschooltuitionbubble.wordpress.com/#STATE/REGION2010 POPULATIONNO. EMPLOYED LAWYERS (2010)NO. EMPLOYED LAWYERS PER 10,000 RESIDENTS (2010)1District of Columbia610,58941,669694.512Delaware891,4643,03734.353New York19,577,73066,69534.164Vermont622,4331,99732.145Massachusetts6,631,28021,11432.036New Jersey8,732,81126,16530.107Florida18,678,04954,09129.228Colorado5,095,30914,15828.239Connecticut3,526,9379,20826.2010Montana980,1522,55026.1811Illinois12,944,41032,86825.4912Virginia7,952,11919,39124.6613Maryland5,737,27413,98824.5914Oklahoma3,724,4478,86624.0615California37,266,60086,70023.5016Minnesota5,290,44712,05822.9117Rhode Island1,056,8702,40122.7118Pennsylvania12,632,78027,95322.1819Maine1,312,9392,81121.3620Washington6,746,19914,23121.3321Missouri6,011,74112,43420.7822Louisiana4,529,4269,30120.7223Nevada2,654,7515,42820.5724North Dakota653,7781,31620.3725Utah2,830,7535,39819.4126South Dakota820,0771,52018.7527Georgia9,908,35718,29518.6428New Hampshire1,323,5312,43918.4529Nebraska1,811,0723,25418.1330Kansas2,841,1215,05917.9631Texas25,213,44544,32917.9032Arizona6,676,62711,64317.6733Hawaii1,300,0862,26117.5534Ohio11,532,11120,19817.5135Wisconsin5,668,5199,70917.1836Idaho1,559,7962,62116.9737West Virginia1,825,5133,06216.8138Kentucky4,339,4356,86015.9139Arkansas2,910,2364,54615.7440Alabama4,729,6567,34715.6141New Mexico2,033,8753,01915.0442Michigan9,931,23514,79014.8643Iowa3,023,0814,46714.8544South Carolina4,596,9586,70314.7245North Carolina9,458,88813,65314.5946Indiana6,445,2959,24914.4147Alaska708,86299314.2948Wyoming547,63775713.9149Oregon3,855,5365,04913.2150Mississippi2,960,4673,77012.7851Puerto Rico3,721,9783,94910.56N/ATennessee*6,338,1128,720N/A

8Idle Attorneys by State1 Puerto Rico13,2823,9499,33325.0870.27%2 Alaska2,4189931,42520.1058.93%3 New York157,778 66,695 91,083 46.52 57.73%4 Oregon11,7665,0496,71717.4257.09%5 Michigan32,73114,79017,94118.0754.81%6 Connecticut20,3099,20811,10131.4754.66%44 D.C.49,20741,6697,538123.4515.32%Source: Lawyer Statistical Report & Law School Tuition Bubble Blog http://lawschooltuitionbubble.wordpress.com/Why so many idle attorneys?When idle attorneys are excluded, Alaska has among the fewest attorneys per capita in the U.S.With its relatively large proportion of governmental employers, this result seems counterintuitive.There appears to be a high number of otherwise qualified attorneys that do not practice.A Law School as a Public GoodAlaska appears to be singular in this respectis has no internally trained lawyers (focused on Alaska law), while still having lawyers coming into the state but choosing other work.Alaskas prevailing rates cannot attract a sufficient number of lawyers to practice.Does this relate to the failure to maintain a body of knowledge dedicated to furthering and improving the practice of law and judicial decision-making?Is the routine practice of law in Alaska weakened as a result of the dearth of scholarship typically relied on by practitioners to better use their time?Does the dearth of scholarship result in lower quality lawyering, and as a result, judicial decision-making?

Ummm Okay, you are trying to convince me we need a law school, right?Not just me:

Early this year, Rep. Scott Kawasaki (DFairbanks) introduced a bill, HB 43, to create the UA School of Medicine and the UA School of Law at the Fairbanks and Anchorage campuses.

Alaska needs more skilled professionals in medicine and law, Kawasaki explains. The costs for medical and legal services will only continue to grow unless Alaska makes changes today, and preparing Alaskans to meet that demand and fill those high-paying jobs is a great first step.

(I dont think his bill has gone far. But it keeps the discussion going.Jan 28, 2013HouseCosponsors added: KERTTULAJan 16, 2013HouseReferred to EducationJan 16, 2013HouseReferred to Education and FinanceJan 16, 2013HouseRead the first time - REFERRALSJan 7, 2013HousePrefile released

12House Bill No. 43

We have been talking about this since statehoodwhy now? Or ever?The questions of Alaska law and medical schools keeps coming up.However, not only have Alaskans been considering itstudies have been done on the question.Most recently by ISERAnswer is always basically the samewe have enough doctors and (especially) lawyers.14How Should Alaska Invest is Citizens MoneyOn higher education?On a law school?On a medical school?Is each question the same, essentially, does supply meets demand for graduates?Depends on the purpose of eachDo law schools and medical schools, for example, serve different functions?Have we considered all the costs of foregoing each of these?Is there any reason why we should approach each question differently?16Beyond the Numbers: Our States Duty to its CitizensUnder our constitutionally guaranteed republican form of government, each state has a duty to its citizens to assure that its laws are studied and improved through scholarly works and the teaching of law to its citizens who desire to learn it.Seen that way, Alaska should be among the first, rather than the last, to recognize the importance that a law school has to the furthering of its own state's lawgiven that it holds a unique place in the United States.Alaskans deserve scholarly attention to the laws of their home state law and the benefits that come from it.Any cost/benefit analysis that asks this larger question would return a clear answer: built itit has been too long in coming.The teaching and learning of Alaska law cannot and should not outsourced. Nor should the standards to which it adheres.