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46 Ohio N.U. L. Rev. 71 (2020)
Ten Questions for Unconventional Dean Candidates

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Ten   Questions for Unconventional Dean Candidates


                                  NEIL  FULTON*



     Entering  a decanal  search is a daunting  prospect.  Any   candidate, facing
a long  process  to get a hard job,  should ask  themselves   some  key  questions
before  undertaking  the process.
     This is particularly so for unconventional candidates. By that, I mean
any  candidate  not moving   from  tenured  faculty or law  school  administration
to  a deanship.1 There is tremendous diversity among a group defined
exclusively  by  what  they  are not  (current law  faculty or administration)   as
opposed to what they are (any variety of other legal professional
backgrounds). But, as an unconventional candidate, both the search process
and  the job of  being  a dean  hold different challenges.2   An  unconventional
candidate  does  not start as a member  of the legal academic   community.3 It   is
fair to say that they do not know   what they  are getting into in the same  way
as traditional candidates.  They,  therefore, face threshold  questions  that are a
little more numerous   and  pressing.
     Thinking back on my experience as an unconventional decanal
candidate,4  there  are questions   that I believe  candidates   must  ask  before
tossing  their hat into the decanal  search ring. Conveniently,   those  questions
fit into a top ten list.5


* Neil Fulton is the 14' Dean of University of South Dakota School of Law. Prior to becoming dean, he
was in private practice, chief of staff to Governor M. Michael Rounds, and Federal Public Defender for
North and South Dakota. The author wishes to think everyone who advised him as an unconventional dean
candidate and particularly his wife Molly who was the most patient sounding board and confidant
imaginable.
      1. Peter Keane, Interloper in the Fields ofAcademe, 35 U. TOL. L. REv. 119 (2003); See e.g., John
D. Hutson, From Admiral to Dean, 35 U. TOL. L. REV. 101 (2003) (noting he is a non-traditional dean as
he became dean following retirement from the Navy).
      2. See, e.g., Willis Whichard, From a Warm Bench to Hot Seat: The Transition from Judging to
Deaning, 36 U. TOL. L. REV. 221, 222-23 (2004) (noting both the ability to work[] on one case at a time
until it is finished as an appellate judge, an amenity not permitted to the law school dean and that most
of an appellate judge's work is performed behind closed doors while most of the dean's work ... takes
place in the open); Hutson, supra note 1, at 107 (noting from experience as a former Navy JAG officer
that [a] commander is given the authority and responsibility to lead but [a] dean isn't given the same
clear authority as authority and responsibility are often separated); Peter Keane, supra note 1, at 122
(claiming that [t]he job of a law professor is the worst possible training ground for being a dean).
      3. See Keane, supra note 1, at 119; See also Whichard, supra note 2, at 221.
      4. My background had been private practice, state government service, and indigent defense. I
had no connection to the legal academy when I applied to be dean.
      5. A top ten has been good enough for great thinkers like Moses, David Letterman, and in the
context of decanal literature R. Lawrence Dessem. See, e.g., R. Lawrence Dcssem, Top Ten Reasons to
Be a Law School Dean, 33 U. TOL. L. REv. 19 (2001) [hereinafter Dessem, Top Ten]; R. Lawrence


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