Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m F E B R U A R Y 2 0 1 6 31 "there are challenges within universities today that can make it tough for any dean in any faculty, including fiscal restraint, navigating unionized environments, and responding to changes within higher edu- cation generally." While tough for anybody, some say law deanship is harder for those who are con- sidered "outsiders" to the faculty they're joining. As a relatively young, African- American, Jewish dean who hailed from Florida, Levitt likely faced an uphill battle at UNB, says Otuteye. Racism "is quite evident when you live here. This place is not any different from anywhere else in North America — there's a lot of racism, especially racism in academia. It has been documented in several places and UNB has not distinguished itself from that group in any way." Another observer, a faculty mem- ber at a different law school who would only comment anonymously, says there's no doubt Levitt was met with "reflexive closed-mindedness" at UNB, but Levitt also didn't have the people skills to help his case. The resistance to his ideas meant he needed an exceptional level of emo- tional intelligence, which he didn't have, according to the professor. "He had some good ideas, but he was just kind of a blus- tery guy who couldn't read people around him. He made a bunch of silly mistakes that put people off from the beginning." One of the biggest challenges for law schools remains becoming a place where every "outsider" feels at home, says Sos- sin, who acknowledges the law deans' table doesn't look like or reflect the stu- dents they serve. But Sossin says how a law dean ended up at a particular school is also important in how welcome he or she would be. If the decanal search process was col- legial and widely supported, deans are more likely to get off on a better footing than if they came through a contentious process fraught with division, notes Sossin. Some universities conduct a very public and transparent search process for deans, at times allowing a short list of candidates to give talks on their priorities. In other cases, the process is confidential and no one knows much about the incoming dean until there has been a decision. "I think it's much easier in that first transparent kind of process to be an incoming dean where you've made clear to everyone in open settings what your priorities are and what you want to consult on and learn from col- leagues about," says Sossin. According to Brooks, a law dean doesn't necessarily have to win the hearts of faculty members, but there's no question that the faculty needs to have confidence in the dean's decisions and actions. "You don't have to like the dean, often you don't agree with the dean, but you have to respect and trust their judgment calls in order for the relationship to work," she says. The right skill sets Law deans are at once expected to inspire pupils, build and bridge relationships, advance research, make public policy impact, and convince the bar and gov- ernment of the importance of investment in law schools. Yet, there is hardly a con- sensus on the kind of background that makes for a successful law dean. Being a good faculty member doesn't necessarily train you to be a good dean, because, says Paton, as faculty "you're not focused on running an operation." But having an academic background is still important, and part of the challenge is finding a dean who embraces the role of an administrator, a role most academ- ics don't aspire to. "Most people who become academics do not do so because they want to be academic administrators. They want to publish and teach. Yet you need deans from the academic ranks, or with a true affinity for the academic mis- sion, because you need a dean who knows about and cares about writing and teach- ing," says Woolley. "So finding someone who is passionate about legal academia — writing and teaching — but who doesn't [himself] or herself want primarily to be a legal academic is a challenge." Rarely do Canadian universities con- sider law deans who come directly from law practice, and according to Holloway, it may be time to rethink that approach. "Why is it that we have not done more to even look at different kinds of candi- dates?" he asks, adding the legal acad- emy should at least be open to the idea. American law schools have hired deans from private practice and government and the results have been mixed, he says. "Some deans from practice have been very successful; others have been miser- able failures." Still, he says the idea is worth exploring. Brooks says a law dean could come with all kinds of great experiences and still suf- fer on the job. That's why when colleagues across Canada call her because they're con- sidering applying for deanship, Brooks tell them their interests should align with what the school needs. That's pivotal because when, at times, friction arises between the dean and faculty or the dean and the university's administration, it may have nothing to do with the dean, Brooks says. "They might have been a very talented relationship builder, but it just turned out what the university needed was a strong fundraiser or a fabulous research builder," she says. "Sometimes, we think people in a particular role can be all things to all people, but it's not possible to be everything you'd want a dean to be." "You don't have to like the dean, often you don't agree with the dean, but you have to respect and trust their judgment calls in order for the relationship to work." Kim Brooks, former law dean, Dalhousie University

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