Educated but Underpaid Uwe Beltz, J.D., M.S.L.S. Elizabeth Caulfield, J.D., M.L.I.S. SWALL Annual Meeting, San Antonio March 30 th,

I can interview you, but... 2

“...fewer than 20% of the law librarian positions being filled require both degrees.” AALL, Education Requirements, menu/Careers/lawlibrarycareers/Education-Requirementshttp:// menu/Careers/lawlibrarycareers/Education-Requirements 3

But a study of law-lib job advertisements shows that about 69% of the academic law library ads from 1991 – Jan either prefer or require both the MLS and JD Study by Chuck Marcus, Faculty Services Librarian, UC Hastings College of the Law Library, on file with presenter 4

2011 5

2009 6

How did the expectation that the law librarian would have a J.D. develop? 7

Are law librarians bonded to the legal profession or serving in bondage? See Christine Brock, Law Libraries and Librarians: A Revisionist History; or More Than You Ever Wanted to Know, 67 Law Libr. J. 325 (1974). 8

Our history New York State Library School – lectures on law books/organization of law libraries New York State Library School – formal program for those who had studied law – Columbia School of Library Service – legal bibliography (no formal legal training necessary) (for six weeks during alternate summers) 1939 – University of Washington – masters in law librarianship – must have J.D.) (program initially led to Bachelor’s) 1935 – AALL Executive Board: legal education = “essential”; library education = “desirable” 1937 – AALS recommended that by 1940, member schools have “qualified librarian” devoted to library service (rather than rotating clerks/students)

Our history AALL meeting – suggestion of 1 yr. library sch., 1 yr. law sch., and 1 yr. of electives from both – rejected! 1964 – AALL rotating institutes for librarians with little formal training 1965 – AALL certification program, ended in 1983 b/c of potential conflict with AALL’s tax-exempt status 1952 – AALS: the law librarian should “have a sound knowledge of the practical problems of a law school library, or a legal education, and preferably both.” AALS also recommends faculty status – AALS required that member schools’ librarian be dual-degreed – several universities instituted library programs or courses with emphasis on law librarianship (UNC, Case Western, U of Ill, Drexel)

Head academic law librarians Historical Picture 11 All law libraries of 10K+ 25% 29%59% 5% Survey and Report of the Committee on Education for Law Librarianship, 29 Law Libr. J. 198 (1936). Miles O. Price, The Law School Librarian’s Educational Qualifications: A Statistical Study, 10 J. Legal Ed. 222 ( ). Connie E. Bolden, Educational and Experience Backgrounds of College and University Law Librarians, 57 Law Libr. J. 58 (1964). James F. Bailey and Mathew F. Dee, Law School Librarians: Survey Relating to Autonomy and Faculty Status, 67 Law Libr. J. 3 (1974).

Academic law librarians % 406 of 1338 academic law librarians responding to the survey were dual-degreed 55.1% 552 of ____ academic law librarians responding to the survey were dual-degreed AALL, The AALL Biennial Salary Survey, AALL, The AALL Biennial Salary Survey & Organizational Characteristics, 2011.

13 Historical attitudes about legal subject specialization and the J.D.

14 Current state of law librarianship

15 “Current” attitudes about legal subject specialization and the J.D.

– AALL drafted Guidelines for Graduate Programs in Law Librarianship

– AALL drafted Guidelines for Graduate Programs in Law Librarianship

18 Current Educational Requirements for law librarianship per AALL

19 These Educational Requirements correspond to the 1988 Guidelines

20 These Educational Requirements correspond to the 1988 Guidelines “So, to qualify for almost any professional position in a law library, you must have an MLS or its equivalent. You may want to consider also earning a law degree. Armed with both JD and MLS degrees, you will be qualified for additional professional positions in law librarianship.”

21 AALL Core Competencies (revised April 2010)

22 What are these guidelines, requirements, and competencies missing? Formal educational requirements

23 Can legal subject knowledge come from library education?

24 ALA list of 58 schools with ALA-Accredited programs

25 5 programs offer three or more classes in law l’ship 7 programs offer two classes in law l’ship 27 programs offer one class in law l’ship So 39/58 or 67% offer at least one class But 33% offer no classes and about 1/2 offer only one class

26 Alternatives to the J.D.

27 Alternatives to the J.D. - Library Master’s programs University of Denver: MLIS with Law Librarianship Specialization

28 Alternatives to the J.D. - Library Master’s programs University North Texas: Law Librarian and Legal Informatics Specialist

29 Alternatives to the J.D. – Certificate of Advanced Study in Law Librarianship at University of Denver

30 Alternatives to the J.D. – Master of Legal Studies Legal R & W and either: Contracts, Property, or Torts 33 credit hrs + oral exam University of Nebraska College of Law

31 Alternatives to the J.D. – Master of Legal Studies U.S. Law and Legal Analysis; and Professional Legal Writing and at least two: Con Law Contracts, Criminal Law Property, or Torts 30 credit hrs Arizona State University Sandra Day O’Connor College of Law

32 Alternatives to the J.D. – Master of Legal Studies Law & the Legal System Researching the Law Law & Society Administrative Legal Process The Legislative Process ADR Research Capstone 36 credit hrs West Virginia University Division of Public Administration Online

33 Why should law librarians care about establishing educational requirements for their profession? Money – it’s a matter of equity Establish law librarianship as a real profession R. Tawney, in The Acquisitive Society (quoted by Christine Brock in 1974’s Law Libraries and Librarians: A Revisionist History; or More Than You Ever Wanted to Know): “The essence of a profession is that it assumes certain responsibilities for the competence of its members.” Justice Oliver Wendell Holmes, (quoted by Julius Marke in 1957’s The Education of a Law Librarian – A Panel): “Every calling is great when greatly pursued.”

Changes in Society/Changes in Profession More people attending college Increasing level of educational requirements More technology (and its impact) Fewer questions – more in-depth questions More inter/multi-disciplinarian Change in the nature of (law) librarianship

Tenure Related Concerns Tensions – JD vs Not – Tenure vs Not – Performance vs Scholarship – Standards – Teaching or not

From: Carol Parker, The Need for Faculty Status and Uniform Tenure Requirements for Law Librarians 103:1 Law Libr. J. 7 (2011)

Impact of Tenure on Salary: Does it impact Salary?

Impact of Teaching on Salary

Other Professionals

Number of postings where JD required is increasing

Totals (all Dual Degree – vs – All Others)

Totals (less than 2 years experience Dual Degree – vs – All Others)

Embracing Today, Innovating for Tomorrow! Continuing education Look for service opportunities Keep doing well what you do well already Avoid becoming obsolete Become an advocate for law librarianship Work within regional/national professional organizations…. Organize/Unionize? Keep a balance

Questions? / Discussion! / Suggestions Uwe Beltz, J.D., M.S.L.S. or – ext. Elizabeth Caulfield, J.D., M.L.I.S. or – ext.