The Law School Campaign

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David G. Utley reports here on the firstCapital Campaign in the 116 year historyof the Law School. The Campaign is amajor fund-raising effort designed to raise$4,000,000 in endowment. During 1983attention focused on enlisting alumni vol-unteers to assist in the drive around thecountry, and in beginning the solicitationphase within Wisconsin. Now, with thecampaign moving into its national phase,a fuller description of the undertaking, itsrationale, goals and progress to date, isin order.

Dave Utley has in the past two yearsbeen seen by and talked with moregraduates of the University of WisconsinLaw School than has any member of thelaw faculty in the same period. And boththe organization and the success to dateof the Campaign are owing primarily tothe combination of support from lawalumni Dave has already contacted andto Dave's very considerable abilities andefforts in directing the development of thecampaign so far.

Shortly before Christmas 1981 DavidUtley arrived on the Madison scene asDirector of Development for the LawSchool and Vice President of the Univer-sity of Wisconsin Foundation. He walkedin to find the law faculty awash in theperiodic flood of bluebooks to be gradedat the end of a semester and for someweeks got little help from that front inacquiring understandings of the faculty'sperceived needs of the School and itsdreams for the Law School's future. ButDave, a patient and understanding manlong associated with efforts to providesupport for scholarly and intellectual

activities, found more than enough to doin other areas relevant to establishing aneffective and successful capital campaign.He had done this kind of thing for sometime at Beloit College and, after that, hadbeen Director of Development for theprestigious Council on Foreign Relationsin.New York {which he left tojoin us here}.

And in the two years he has been withus at the Law School, this amiable,urbane and very intelligent man hascome to know us very well, well enoughindeed to make us squirm now and thenat the way he grins at some extravagantremark we make. But the faculty likeDave a great deal and from the record todate the law alumni who have met himappear to share the faculty's judgment.

Ed.

David Utley's report on theprogress of the Law SchoolCampaign follows.

Law School Budget-State Funds

Year Budget Nominal Real Value Real Change % ChangeChange (In 1977 dollars] (From 1977) (From 1977)

1976-77 $2,160,2961982-83 $3,305,952 +$1,145,656 $2,019,300 -$140,996 -6.5

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Background

For many years observers of Ameri-can higher education have noted thatthe nation's public universities-atleast the better among them-dependon more than public funds alone.Indeed, it has become something of acliche to refer to our major public uni-versities as "state-assisted" rather than"state-supported" institutions. What-ever language one uses in describingthe economics of higher education, itis clear that multiple sources of sup-port are required if public institutionsare to achieve and maintain excel-lence. At the University of Wiscon-sin-Madison, for instance, only about35% of the operating budget comesfrom state appropriations. That figurewill vary among the schools and col-leges on the Madison campus, it istrue, but in virtually every case sup-port from nonstate sources, includingprivate contributions, is required tomaintain and improve the academicprograms.

The Law School is no exception tothis, and it has officially recognizedthe importance of private, voluntarysupport since 1969 when an annualgiving program among alumni wasinstituted. Valuable as the AnnualFund is as a supplement to state funds,it has become clear over the past fewyears that by itself it will not providethe additional funds needed to main-tain the level of excellence to whichthe Law School aspires. In addition tothe Annual Fund income, there is aneed for new revenues to allowmedium and long-range plans for theteaching program, faculty recruitmentand retention, public service and legalresearch.

Wisconsin alumni can be proud oftheir school as one that has establisheda national reputation for combiningthorough and rigorous legal trainingwith a rich and exciting research envi-ronment. But the fortunes of even astrong institution can be precarious.The quality of faculty and of programscan be eroded with surprising sudden-ness and, once lost, can be regainedwith only the greatest difficulty. Forthe past several years the Law School,like the rest of the University, has

been operating under significant finan-cial constraints as the real dollar valueof state funding has declined. In1976-77 the state funded portion of theSchool's budget was $2,160,296. In1982-83 it was $3,305,952. When infla-tion is taken into account, this 53%increase in nominal dollars turns outto be a 6.5% decrease in real dollars.The following table shows whathappened.

In 1982, following an extensivereview and analysis of the LawSchool's programs and finances, thefaculty determined that the singlemost effective way to meet theSchool's resource needs in theforeseeable future was to increase sub-stantially its income-producing endow-ment. Unlike the better private cen-ters of legal education, and even someof the public ones, Wisconsin's lawschool entered the 1980's with a verymodest endowment of approximately$750,000. This left the school depen-dent on state appropriations, occa-sional research grants from founda-tions and government agencies, andannual contributions from alumni, allof which are subject to fluctuation,and the first two have been decliningin recent years. On the other hand, ifthe Law School could substantiallyincrease its endowment, two benefitswould quickly result. First, of course,the funds available for annual opera-tions would be significantly increased.Equally important, the assurance thatthese funds would be available yearafter year would permit more effectivelong-range academic planning.

Accordingly, the decision was madeto undertake a capital campaign toraise $3,000,000 in endowment. Thedollar goal was established after

reviewing the Law School's needs inseveral areas (described below), but itwas influenced also by an awarenessthat this would be the School's firstmajor fund drive, and that the goalshould be a reasonable one for aschool with a modest history of pri-vate support.

No sooner had the goal been agreedupon than the School unexpectedlybecame the beneficiary of a truly mag-

nificent bequest of $1,400,000 fromthe estate of Mr. James P. Shaw, LL.B.1899, and the late Mrs. Shaw. Thisgift, the principal of which resideswith the Milwaukee Foundation, isbeing used to endow a scholarship andloan fund at the Law School. Becauseof the size and the early arrival of thisaddition to the Law School's endow-ment, it was quickly decided to raisethe campaign goal, and we now haveour sights set on increasing the endow-ment by at least $4,000,000.

Components

When raised, the $4,000,000 inadded endowment will be used to sup-port a number of Law School pro-grams. Approximately two-thirds($2,600,OOOlwill be allocated to theoverall legal education program. Justover one-third ($1,400,000) is soughtfor the support of three particular pro-grams-Business Law, Interdiscipli-nary Legal Studies, and Labor Law-inwhich the Law School has establisheda national reputation, or, as in the caseof Business Law, where the faculty hasagreed additional support andstrengthening is desirable. A fullerdescription of these objectives follows.

1. Support of the Overall LegalEducation Program: $2,600,000

A. The Endowment of SixBascom Professorships: $600,000

One of the major challenges facingthe Law School today is that of facultyrecruitment and retention. Wisconsinis facing increasingly stiff competitionfor the best faculty. Put simply, Wis-consin's faculty salaries, traditionallysomewhat lower than those at ourpeer institutions, have been falling fur-ther behind. A somewhat grim jokehas been heard on campus for years:Lake Mendota is worth (name yourfigure) thousand dollars in salary. Per-haps. But an essential qualifier to anysuch assertion is: "up to a point."Unfortunately, the Law School haspassed that point. The average "gap"in salary between that of our facultyand faculty at comparable law schoolshas more than doubled during the pastfive years. To date this state of affairshas cost the Law School several newadditions to the faculty, as promisingteacher-scholars who were asked tojoin the teaching staff have acceptedoffers elsewhere. While Wisconsin sal-aries at the junior faculty level were ingeneral competitive, what had turnedthem away were the very substantiallags in salaries in the mid range andsenior levels of the law faculty. Thissalary deficiency, if not corrected orcompensated for, may result in loss ofsome of the best of the current facultyand, more seriously for the long-runinterests of the Law School, turn awaythe kinds of people who make up agreat faculty.

By providing support for scholarlyand professional activities, the BascomProfessorships can make the LawSchool more attractive to top legalscholars and teachers. Bascom Profes-sorships, to be endowed at a mini-mum of $100,000 each, have beenidentified by the university as animportant inducement in attractingoutstanding professors. Such profes-sorships will be rotated among distin-guished faculty, teaching in differentareas of the law, and, by providingfunds for released time for research

and for the development of newcourses, as well as for secretarial sup-port, attendance at professional meet-ings and scholarly materials, willstrengthen the entire educational program.

B. For Scholarship Endowment:$1,250,000

Currently 80 percent of Law Schoolstudents are receiving some sort offinancial aid, but of the amountdevoted to scholarships and loans onlysix percent comes from the School'sown funds. Ninety-four percent con-sists of federal and state aid programsnow threatened with reductions andeligibility limitations. To assure thatqualified students will not be barredfrom obtaining a legal education, theLaw School has sought to establish anendowed student aid fund which willprovide an adequate level of scholar-ship and loan assistance.

C. For Support of the GeneralLaw Curriculum: $750,000

While a high quality faculty, and anable, motivated student body willalways be the key elements in thelearning process, other resources areessential for a quality legal education.Unfortunately, today's budget con-straints prevent the Law School fromproviding them in sufficient measure.Compared to that of other schools theLaw Library is underfunded and addi-tional resources are needed for acqui-sitions. Support is needed for the lec-tureships and fellowships which, bybringing to campus outstanding legalscholars and practitioners, greatlyenriches the learning program. TheLegal Education Opportunities Pro-gram is playing a significant role inhelping minority and disadvantagedstudents to earn their degrees, but itneeds additional funds to supportintensive instruction in writing andlegal analysis. Finally, the additionalresources sought would enable theLaw School to expand its offerings inclinical and practice skills, to developnew courses, to support teachingmethods workshops for the facultyand would allow more small groupinstruction.

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II. Support of Programs in Business Law,Interdisciplinary Legal Studies, andLabor Law: $1,400,000

In recent years the Law School hasbeen fortunate to have on its facultythree men who established themselvesas leaders in their field: James WillardHurst in Legal History, George Youngin Business Law, and Nathan Fein-singer in Labor Law. The substantiveareas in which these men worked arefields in which the Law School alreadyenjoys considerable strength and uponwhich it wishes to build. We believethe most appropriate way to do this isto establish an endowment fund tosupport teaching and research in eachof the fields in which ProfessorsHurst, Young and Feinsinger workedso productively. In so doing we intendboth to honor these men and carry onthe work they so significantlyadvanced. Specifically we will seekgifts to establish:

A. The George H. Young Fundfor Business Law: $300,000

The George H. Young Fund isintended to strengthen teaching,research and education in the field ofbusiness law. This field, including allthe regulatory programs and tax lawsaffecting business, is becomingincreasingly complex. The faculty hasdetermined that added emphasisshould be placed on this area of thelaw in order to meet the moredemanding needs for business laweducation in the 1980's.

To carry out this goal, the facultyhas voted to establish the George H.Young Fund for Business Law as amemorial to the late Dean Young,whose work in this area is well knownto generations of students, practition-ers and alumni. A principal purpose ofthe Young Fund will be to establish aGeorge H. Young Professorship ofBusiness Law. Distinguished membersof the faculty active in areas of lawaffecting business will be eligible forthe Young Professorship, and Profes-sorship funds will be used to supportteaching, research and education inthe business-related portion of the

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Law School's curriculum, includingthe development of new or improvedcourses. At the discretion of theappointees, the Professorship incomecould be used for research and sec-retarial support, conferences, andother purposes approved by thefaculty.

In addition to financing the YoungProfessorship, income from theGeorge H. Young Fund for BusinessLaw will be used to support visitinglecturers, scholars and professors inthe business law field, and generallyto support faculty research and cur-riculum development in this area.

B. The James Willard Hurst Fundfor Legal Studies: $800,000

In the classroom and through hiswriting, Willard Hurst taught that thelaw can only be understood whenseen in its historical and social per-spective. From this lesson several gen-erations of Wisconsin scholars havedeveloped a unique approach to thestudy of "law in action;" an approachwhich made the school one of themajor centers for legal research in thecountry. The Hurst Fund will supportthe investigations and publicationsneeded to continue this tradition ofresearch on the history, meaning andimpact of the law.

We propose to establish the HurstFund at this time for two reasons.First, we wish to honor ProfessorHurst on the occasion of his recentretirement from active teaching, andwe want to acknowledge the centralrole he has played in the school and inits research effort. Secondly, ourresearch program faces a serious chal-lenge which must be met. Only sixpercent of the regular law school bud-get is available for research. For manyyears that modest amount was signifi-cantly supplemented by federal andfoundation research awards. Morerecently however, these awards havebeen drastically curtailed in numberand amount. If we are to continue tobe a major center of legal scholarshipwe must secure other sources ofsupport.

The Hurst Fund will provide an ini-

tial endowment of $700,000 for theLaw School's planned Institute forLegal Studies. By assuring a source ofongoing support, the Hurst Endow-ment will enable the Law School,through the Institute, to maintain andbuild upon its present status as aleader in the study of law in action.The Institute will support facultyresearch and disseminate the results ofsuch investigations to the legal profes-sion and the public. By concentratingon issues of current concern and fun-damental importance it will contributesignificantly to both the teaching andpractice of law. Examples of the typesof studies to be conducted under theInstitute's auspices includes theadministration of civil justice, the costsof litigation, the role of lawyers and oflaw in the regulation of business, andthe changing nature and needs of thelegal profession.

Most encouragingly, the firm ofFoley & Lardner and the Wisconsinlaw alumni in that firm have gottenthis segment of the campaign off to agood start by endowing the Foley &Lardner-Bascom Professorship inhonor of Willard Hurst. This profes-sorship will be awarded on a rotatingbasis to faculty members whose schol-arly work continues the Wisconsin tra-dition of the study of law in action.

C. The Nathan P. Feinsinger Fundfor Labor Law: $300,000

The third goal is to strengthen a wellestablished program of teaching,research and service in the labor lawfield.

Sixty years ago-in 1922-the LawSchool was one of the first in theUnited States to officially recognizethis emerging field when it addedcourses in labor law and collectivebargaining to its curriculum. Duringthe subsequent half-century the Schoolhas continued to build on its pioneer-ing efforts and has become a leaderamong law schools in labor law teach-ing and research.

The Law School's prominence inlabor law is attributable importantly tothe work of Professor Nathan P. Fein-singer. Upon joining the faculty in1929, Professor Feinsinger pioneered

in the fields of labor law and collectivebargaining, and well before his retire-ment.from active teaching in 1973 hadestablished a national and interna-tional reputation as a mediator andarbitrator. His scholarly research wasaugmented by an exceptional career inpublic service.

This tradition, of outstanding teach-ing and direct personal involvement inthe practical aspects of labor law,remains a strong and active one atWisconsin. Indeed, the Law School'sprogram is one of the strongest in thecountry. Faculty members working inthe field are nationally renownedteacher-scholars with extensive experi-ence in labor-management relations.Students interest in the field also isexceptionally high. With additionalsupport this already very good pro-gram could become truly outstanding.

Today, new laws and court decisionsdealing with equal employmentopportunities, worker safety and pen-sion rights are appearing with growingfrequency. At the same time,increased recognition is being given tothe problems of productivity, compar-able worth, and the role of the workforce as vital factors in the long termhealth of the American economy. As aresult of these developments, the fieldof labor law is acquiring additional sig-nificance. We propose to build on thetradition of excellence and achieve-ment Professor Feinsinger brought tothe discipline by establishing anendowment fund to support researchand teaching in the field, to fundgraduate study in Labor Law, toarrange for national and internationalconferences, and to establish anendowed Bascom Professorship. Withsuch resources we can capitalized onour strengths and supplement them,thereby assuring Wisconsin's contin-ued leadership in the field.

Progress To Date

As of December 31, 1983,$2,976,842 in gifts and pledges to theLaw School Campaign had beenrecorded. Of this amount, $2,672,248had been received and was function-ing as endowment.

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1,658,714Rec'd&

Pledged

3,517Rec'd&

Pledged

300,000Goal

300,000Goal

800,000750,000 Goal

Goal

600,000Goal 451,008

Rec'd&

Pledged

Scholarships EndowedProfessorships

General AcademicSupport

ILS Business Law Labor Law

While the drive has thus gotten offto an encouraging start, with over 70%of our goal achieved, much remains tobe done. The total amount added tothe Law School's endowment isindeed gratifying. But as in most majorfund drives, substantial early progress

was made possible by a relativelysmall number of very generous donorswho contributed to the support of par-ticular components of the LawSchool's program. As a result, we aremuch closer to reaching our goal forsome segments of the drive than for

others. The endowed scholarshipfund, for instance, which benefitedfrom the Shaw bequest and a fewother generous gifts, has alreadyexceeded our dollar objective. In otherareas, much remains to be done, andthe following graph illustrates.

With the campaign now moving intoits national phase, the Law School areconfident we will reach our overallgoal. The support received to datefrom law alumni in areas where thedrive has been underway has beenvery encouraging and augurs well forthe remainder of the drive. The sub-stantive objectives of the drive-main-taining a top flight program of teach-ing, public service and scholarship atthe Law School-is surely one that alllaw alumni can support. As the casefor the Law School is carried to alumniduring the corning year, we are confi-dent it will receive a sympathetichearing, and, we hope, a generousresponse.

Goal: $4,000,000

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The Bascom Hill SocietyThe Bascom Hill Society consists of

those individuals who have contrib-uted $10,000 or more to support theprograms of the University of Wiscon-sin. The Law School wishes to expressits deep appreciation to the followingalumni and friends who have contrib-uted to the Law School Campaign bymaking Gifts or pledges at The Bas-com Hill Society level during 1983.

Mr. &Mrs. Robert W ArthurJoseph R. BarnettDavid E. BeckwithGlen H. BellMr. & Mrs. John S. BestMr. &Mrs. Theodore C. BolligerJames P BrodyMr. &Mrs. Patrick CotterEvjue FoundationMrs. Leon F. FoleyFoley & Lardner (firm)

Laurence C. Hammond, Jr.Gerald]. KahnMarvin E. KlitsnerCharles A. Krause FoundationRobert W LutzThomas G. RagatzHarry v: RuffaloHelen M. SchloughLeonard F. SchmittVirginia WattawaWilliam]. Willis

Planned Giving: Another Way to Help!

Many friends of the Law Schoolmay wish to support the Capital Cam-paign by feel their circumstances donot permit them to make an outrightgift at this time. In that case they maywant to consider arranging for abequest or other form of deferred giftwhich will benefit the School at a laterdate.

Such gifts can be of great impor-tance to the Law School, as recentexperience demonstrates. In additionto the Shaw gift, described elsewherein this issue, the Law School hasreceived over the past year and a halfseveral other sizeable bequests. Theseinclude gifts of $143,000 from theestate of the late Thomas M. Tracey,LL.B. '37; $287,000 from the estate of

William H. Voss, LL.B. '29; over$106,000 from the estate of M.E.Davis, LL.B. '39 of Green Bay; and$35,000 from the estate of Mrs. MaudE. Otjen. All of these gifts have beenadded to the Law School's permanentendowment.

The Thomas M. Tracey gift is beingused to provide badly needed supportfor the Law Library. The Voss bequestwill be used to establish one or twoBascom Professorships in Law. TheDavis and Otjen gifts will provideadditional scholarship support, withMrs. Otjen's bequest being added tothe Christian J. Otjen ScholarshipFund previously established inmemory of her late husband.

A Word of Thanks

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No fund drive of the size beingundertaken by the Law School couldsucceed without the active support ofconcerned alumni willing to investtime and effort in the undertaking.The Law School is fortunate to bereceiving the active assistance ofnumerous alumni who have agreed toserve on campaign committees in vari-ous parts of the country.

To date the following area chairmenhave agreed to lead the Law School'sfund-raising effort in their areas. Tothem, and to the many additional loyalalumni who have agreed to help, weextend our deepest thanks.

Finally, a thanks also to alumsDouglas H. Soutar, Sr. of New Yorkand David Previant of Milwaukee andWashington, D.C. who have agreed toco-chair a special fund-raising effort insupport of the Labor Law program atthe Law School. Unlike the other seg-ments of the drive which are beingorganized primarily on a geographicalbasis, the Labor Law component is be-ing organized substantively, with anational committee now being formed.The fund-raising efforts of this groupwill be getting underway this year.

Area

MilwaukeeDane CountyKenosha & Racine CountiesGreen, Rock, Walworth & Jefferson CountiesSheboygan, Calumet & Manitowoc CountiesSauk, Columbia & Dodge CountiesLa Crosse, Trempealeau & Vernon CountiesOutagamie CountyWinnebago CountyWood, Portage, Marathon & Oneida CountiesGrant, Crawford, Richland, Iowa & Lafayette CountiesNorthwestern WisconsinEau Claire areaChicagoMinneapolis-St. PaulWashington D.C.San FranciscoLos AngelesHawaii

Campaign Chariman

John BestRichard L. OlsonWilliam E. DyeRodney O. KittelsenJohn R. HoldenCarroll B. CallahanDaniel T. FlahertyDon R. HerrlingJerome T BomierG. Lane WareMac A. McKichan, Sr.Harold WitkinGeorge CarrollTomas M. RussellW Thomas Doar, Jr.Arnold H. WeissAllan JosephThomas BaldikoskiWilliam D. Mett

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Wisconsin Women's Law JournalUniversity of Wisconsin Law School 975 Bascom Hall Madison, Wisconsin 53706

Announcing the. . .

Wisconsin Women's Law Journal

A new publication dedicated to covering all areas of law that impact on women's lives today. The goals of WWLJ include:

- providing a forum for scholarly research and discussion of legal issues that affect women;- encouraging research and legal analysis in important areas of the law neglected by traditional law reviews;- addressing legal issues that are of importance to practitioners, scholars, students, legislators, and women's organizations.

The journal will include articles on women and economics, legal issues in the workplace, recent legislation affectingwomen's rights, women's health and the law, and many more topics of concern.

SUBSCRIBE NOW!

Premier Issue: Fall 1984

_$ 8.00

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