Observations From the Skybox

C. Peter Goplerud III^*

When I was first approached about participating in this year’s Symposium on Leadership in Legal Education, I was flattered but also nervous about what I might contribute to the endeavor. It occurred to me that there might be value as well as perhaps a bit of an escape in looking to another field for lessons on the administration of law schools. Most professionals have periodic flights of fantasy and contemplate what life might be like in a different career path. My years of work in the sports law world have made it quite easy and tempting to place myself in various key positions in professional sports front offices, as well as other challenging and intriguing positions in all aspects of the sports world. As I have done so, it has occurred to me that there are some interesting comparisons between the sports world and legal education. In particular, I believe there are similarities, and some interesting contrasts, between the life of a dean and that of the CEO of professional sports franchise. I will, thus, explore some of these parallels over the next several pages.

As I sit here in my office looking out over the empty stadium that is the law school in August, contemplating the passing of the trade deadline, I wonder what it would be like to be a sports executive---would it be a lot like the job that I currently occupy or would it be something radically different. Would it be as rewarding and challenging? Would the egos and the temper tantrums appear any different? Would there be an opportunity to make an impact on the community? What would be the upside and what would be the most significant negative aspects of the job? What would it be like for my family? Would I have any friends in the profession or would I have to rely on the family dog and my spouse for advice and counsel? Are the jobs really interchangeable? Would my law school be comfortable with Andy McPhail of the Cubs or Pat Croce formerly of the 76ers as the dean of the school? I doubt it. Would the Cubs hire me as general manager? Certainly not. There is, however, some entertainment value, at the very least, in evaluating the comparisons between the two positions. Some of the same qualities may be quite important in both jobs and some of the same conceptual issues may present themselves in both jobs.

As with legal education, a sports franchise has many components that must work together in order to assure the success of the operation and its mission. There are the coaches, ownership, the scouts, the front office staff, the fans, and, most important of all, the players. In a law school the dean must work and interact with the university board of trustees, the president, the staff, the faculty, the alumni, and, most important of all, the students.

I am going to draw comparisons not only between the general areas of sports and legal education, but also between the specific responsibilities of a CEO of a sports franchise and a CEO or dean of a law school. There are other comparisons possible as well. The president of a university is comparable to the owner of a sports franchise. One can draw comparisons between the faculty and the coaches. It is also possible to draw links between faculty and players. However, the strongest comparison with the players would be with students. I think it is also possible to compare the fans with the alumni of a law school. There are financial, publicity, and marketing issues, and matters involving recruiting that are common to both areas.

One common factor for both areas is competition. Competition exists for players, fans, and revenue, and for students, faculty, and revenue. Competition exists on the field and in the classroom. And, competitive ability often turns on the amount of resources available to the franchise. In professional sports, particularly baseball, the discussion of the discrepancies between small market teams and large market teams is all the rage today. Indeed, in baseball, the differences may lead to a very devastating work stoppage following the conclusion of the current season. In sports parlance the market size that is most relevant is the television market. It has been nearly a decade since a small market team has been dominant in baseball, although there are signs that Minnesota, Florida and Oakland are becoming competitive, at least on the field. In legal education there are certainly small market teams and large market teams. As with baseball, there is no revenue sharing in legal education. There is, however, for public schools the state subsidy that is analogous to revenue sharing. The ability to offer a legal education at a very inexpensive cost to resident students also gives these institutions an advantage akin to a large market team. Obviously in legal education we are not, at least not most of us, vying for television dollars or typical fan support. We are, however, all attempting to attract the top faculty and the best students possible. The resources available to schools and the levels of the schools’ prestige and reputations are certainly related revenues generated both from tuition and donors. The tuition dollars are in some instances strictly related to the size of the student body, but in some instances are related to the prestige and reputation of the school. The accompanying success of graduates of the large market schools affects the annual contributions and the major gifts to enhance endowments. In legal education as in professional sports it is generally a case of the rich getting richer. There are schools that can be readily compared to the Yankees. Indeed, the one that comes to mind is in the same city.

It should be noted, however, that players from small market teams do regularly make all-star teams---and not only because the league rules mandate representation from each franchise. The ability of the individual players from the small market teams or the faculty and students from the small market law schools should never be underestimated.

On the revenue front, a dean does have some of the same opportunities that a sports CEO has to develop sponsorships, signage, and naming rights deals. Most of our naming rights deals are for scholarships, professorships and the like. But, there are certainly many instances of the naming rights to our playing facilities being sold. There are few deals comparable to the Broncos new stadium in Denver or Houston’s new baseball stadium. There are some very significant gifts, however, that have provided wonderful new facilities and libraries for law schools. Appropriately donors have been recognized and thanked for these gifts with their names being attached to the facilities. Legal education also has honored donors by naming professorships, libraries, library collections, individual classrooms, and lectureships after generous alumni and friends. I guess this would be similar to the outfield signs and the Jumbotron advertisements seen in sports arenas and stadiums across the country. Indeed, both sports franchises and educational institutions now have exclusive pouring contracts with either Coke or Pepsi.

Revenues in professional sports come not simply from the sponsorships and naming opportunities noted above, but also through the marketing and promotional efforts that have become so necessary and ever present in the last twenty years. Every major professional sports franchise has a marketing department that must be constantly devising new ways to put fans in the seats and to capture their loyalty in other ways as well. Hat night, bat night, beanie babies night, and bobble head night have become required activities. Many teams offer pre- and post-game entertainment from rock bands in order to attract fans. Most marketing directors believe it will help the team to be successful on the field if there are fans in the stands. Certainly it will help the bottom line.

There is a strong interest and reliance on marketing these days in legal education as well. The coinciding drop in applications to law schools and rise in the perceived importance of popular rankings of law schools has spawned the need for massive marketing efforts. During what has been described by a colleague as "sweeps month" (actually most of the fall) law school deans’ mail boxes are flooded with catalogues, brochures, glossy magazines, and DVDs touting the professors, clinics, moot court teams, and new buildings of the 180 plus accredited law schools in the country. The timing of this flood is, of course, just prior to the survey of deans, professors, lawyers, and judges by a national news magazine that produces a well-known ranking of law schools. We do the rock band equivalent with appearances by famous lawyers and jurists throughout the academic year. I have yet to receive a bobblehead of a famous professor or one of my decanal colleagues, but I am sure it will happen soon. And, in fact, we could surely learn something from the marketing gurus of Major League Baseball. For, it is these rankings that do apparently influence prospective students and may affect the number of applications to a particular school or its yield rate in a given year. Certainly they have an impact on university board members and alumni of law schools. Impacts on both of these sectors could have a significant effect, either positive or negative, on a school’s bottom line.

Legal education, like the various professional sports leagues, has had some antitrust issues. As we are all aware, the American Bar Association remains subject to a consent decree and continuing oversight by the Department of Justice stemming from allegations of antitrust violations related to the accreditation process. The sports antitrust issues have attracted greater public attention and have in some instances also coincided with labor difficulties. In legal education we have been fortunate in that there has been very little franchise movement and thus no need to skirt the antitrust laws. Nor have there been any significant difficulties with free agency, rookie drafts, or salary caps. Legal education has occasionally denied membership in its exclusive club of accredited law schools in much the way that Major League Baseball and other sports leagues have denied prospective purchasers of franchises entry in to their exclusive club. Antitrust litigation has followed such action, both in legal education and in sports. But, these comparisons stray from those focusing on the roles of individual deans and sports executives.

An important aspect of the CEO in both arenas is the management of personnel, players and coaches, faculty and staff. In both worlds the key personnel are highly skilled and typically well respected by their peers. In both worlds the egos are a factor of some significance from time to time. Egos can be bruised easily in these arenas and in some cases precede the injured party into a room, which also can create problems for an executive. Can we learn anything from the sports world? Probably we cannot trade a disgruntled faculty for a player to be named later or a future draft choice, although I know some deans that might want to do so. We can learn something from the sports world in terms of timing and situational moves. There are many times where putting a coach in charge of the linebackers instead of special teams can be the move that puts a team over the top. Similarly, moving a professor from civil procedure to a course on complex litigation may be the answer for your curriculum or, for getting the maximum performance in the classroom from the faculty member. We can also learn something when it comes to motivational techniques and positive reinforcement of faculty, staff, and students. What does it take to get the top performance from a center on a basketball team who hates to run back on defense? The right words of encouragement, or prodding with threats of less playing time can sometimes be the answer. So too, will words of encouragement, or the provision of an extra research assistant, when it comes to extracting the next publication from a faculty member. Sometimes, the unspoken leverage of the next salary increase can offer the same incentives. Perhaps, we also can do more in the way of performance bonuses apart from the salary increases. Many athletes have bonus provisions in their contracts for a set number of yards gained or passes caught. Coaches today also have bonuses for winning a certain number of games or getting to the playoffs.

In both sports and legal education, the CEO has a multitude of constituencies to keep happy and to whom she must answer. The importance of a winning season in both areas cannot be overemphasized, nor can the importance of the total attendance or the annual fund results. The stress and wear and tear on individuals is similar. Average tenure and job stability are very similar in both worlds. The impact on families and friends from these jobs can be considerable. The rewards are also considerable and are the part of the endeavor that keeps us all going and attracts good people every year into applicant pools for the revolving door of the deaning world. The opportunity to play a small role in influencing the direction of a legal education program is similar to helping a team have a winning season. The satisfaction of successfully negotiating an employment agreement with a new faculty member that your faculty has recruited is as rewarding as signing the first round draft pick. Seeing a student accept a judicial clerkship on a prestigious court is very much like having a player picked for the All Star Game. Home runs are hit every day in legal education. The satisfaction it can bring to a dean is every bit as high as it must be in professional sports. As tempting as that move to the front office of the Mariners might seem to be this year, I think I will stay where I am thank you.