More on Looking at the Law School's Gift Horse

An earlier blog post noted the controversy over the Milken gift to the UCLA Law School to set up an institute on business law and policy.

The controversy seems to have triggered a message from the Law School Dean now posted on the School’s website and a job description that is being circulated for the executive director of the new Institute.

Below is 1) the message from the dean on the controversy, 2) the job description in italics, and 3) the original announcement of the gift.

Our earlier post is at:

http://uclafacultyassociation.blogspot.com/2011/08/ucla-law-schools-gift-horse.html

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An Important Message from Dean Rachel F. Moran

MESSAGE FROM THE DEAN

I am compelled to clear up mischaracterizations in a recent New York Times article about a $10 million gift from alumnus Lowell Milken to endow the Lowell Milken Institute for Business Law and Policy. The story inaccurately portrays the concerns of a few faculty members as an ongoing debate about whether it is appropriate to accept the gift.

In fact, the gift was the product of discussions that began in 2008, and there was broad consultation with members of the business law faculty. Until recently, all of them had expressed uniform and enthusiastic support for the creation of the Institute. In fact, only one faculty member, Lynn Stout, has expressed objections directly to me. Given that the Law School has approximately 70 ladder-rank faculty members, it is not surprising that a few may have a difference of opinion. I respect the right to dissent as an essential element of academic freedom, and indeed I would not have it any other way. However, I do not believe that the disagreement of a few should stand in the way of the flourishing of the many.

We thoroughly weighed all of the issues that Professor Stout has raised, and we came to a distinctly different and well-reasoned conclusion. In doing so, we applied fundamental principles of fairness that are foundational in American law. We looked at all facets of the record, we were careful to refrain from guilt by association, and we assumed that individuals are presumed innocent until proven guilty. Lowell Milken’s life has been marked by accomplishment and service. He has been a brilliant student, an outstanding lawyer, a successful businessman, and a visionary philanthropist. A quarter of a century ago, Mr. Milken was accused of misconduct. However, he was never convicted of any crime, and indeed, there were neither admissions nor findings of any wrongdoing. I do not believe that decades-old, unproven allegations should serve as a basis for rejecting a gift from a person who has made enormous contributions to the betterment of others and now wishes to do even more.

After the public announcement of the gift, I received numerous notes of congratulation from faculty, alumni, and friends. There is good reason for their endorsement. This is a gift that will enhance our ability to prepare the next generation of leaders in the field of business law and policy as well as our capacity to promote cutting-edge research that responds to the pressing need to promote an entrepreneurial economy. This quest for excellence is entirely consistent with our traditions as a great public law school. I am proud of Mr. Milken’s transformative gift; his generous support will strengthen our curriculum, provide scholarships and prizes for students, enable us to expand our outreach in the community through conferences and publications, and support the work of our faculty. There is overwhelming support for the Milken gift in our community, and that support is based on nuanced evaluations that succumb neither to rank speculation nor a rush to judgment.

I also was troubled that the article included gratuitous attacks on Stewart Resnick, another alumnus, and his wife Lynda, both of whom are successful businesspeople and long-time and generous supporters of not just the law school but other units across campus. The article relied on unsubstantiated accusations to condemn a gift to support loan repayment assistance for students who choose to pursue a career in public interest law.

I am profoundly disappointed that the New York Times article created a misleading picture about the bona fides of our alumni and the integrity of our law school.

Source: http://law.ucla.edu/news-media/Pages/News.aspx?NewsID=1925

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EXECUTIVE DIRECTOR

LOWELL MILKEN INSTITUTE FOR BUSINESS LAW AND POLICY

UCLA SCHOOL OF LAW

The UCLA School of Law is seeking a highly energetic, experienced individual to be the

Executive Director of a newly established Institute for the study and practice of business law and policy located at the UCLA School of Law. The Institute is designed to bring world class policy analysis, research and educational opportunities in business law and policy to UCLA, the broader community of Southern California, the nation and the world.

The Executive Director will plan and oversee all aspects of the Institute’s programs, which are designed to support and expand research, policy analysis, and teaching (including clinical teaching) about business law and policy at UCLA School of Law. The Executive Director will help to develop the business law curriculum, including improving and expanding the

Business Law Specialization for law students. The Executive Director will also supervise fellows, policy consultants, research assistants, student interns, and volunteers; engage in fundraising; and organize symposia and other academic programs related to the advancement

of business law and policy. The Executive Director will work closely with the Faculty Director, members of the business law faculty, and the advisory board of the Institute.

Minimum requirements include an excellent academic record; a J.D., M.B.A. or equivalent advanced degree from a U.S. school; at least five years of successful business law practice or business experience; demonstrated management, administrative and organizational skills, with successful prior experience in fundraising or coordinating scholarly or professional conferences preferred; prior successful teaching experience and a record of publications concerning business law and policy topics preferred; a strong record of established relationships with other business professional and with professional organizations preferred.

The level of appointment will be commensurate with qualifications and experience. This is a year-round, academic, non-tenure track position.

Confidential review of applications, nominations and expressions of interest will begin immediately and continue until an appointment is made. Please send resume, cover letter, and the names and addresses for at least two professional references to the attention of:

Edna Sasis, Office of the Dean, UCLA School of Law,

405 Hilgard Avenue, Los Angeles, CA 90095-1476.

Email applications may be sent to sasis@law.ucla.edu or be faxed to (310) 206-7147.

The University of California is an affirmative action/equal opportunity employer, and seeks candidates committed to the highest standards of scholarship and professional activities and to a campus climate that supports equality and diversity.

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Original announcement:

UCLA School of Law Receives Transformative $10 Million Gift From Alumnus Lowell Milken

Contact: Lauri Gavel, gavel@law.ucla.edu, 310-206-2611

Gift of $10 million serves as capstone of UCLA School of Law's $100 million campaign

LOS ANGELES, CA, August 9, 2011 -- UCLA School of Law has received a transformative $10 million gift — the largest single gift in the school's history — enabling the law school to meet and exceed its ambitious $100 million fundraising goal well ahead of its original five-year schedule. The Campaign for UCLA School of Law was publicly launched in 2008 to increase private resources for student scholarships, to attract and retain faculty, and to support centers and institutes that inform law and public policy.

The $10 million gift from 2009 Public Service Alumnus of the Year Lowell Milken '73, a leading philanthropist and pioneer in education reform, establishes the Lowell Milken Institute for Business Law and Policy. The institute's creation is the culmination of a three-year process of exploration initiated by UCLA Law leadership with Milken to develop initiatives in business and law that will serve students, faculty and the greater community through innovative research, hands-on skills training and real-world problem-solving.

UCLA School of Law dean Rachel F. Moran noted that the Lowell Milken Institute will draw on the school's existing strengths in business law and policy, including its premier faculty and outstanding students, as well as its long tradition of interdisciplinary collaborations.

"In line with the goals of the Campaign for UCLA Law, Lowell's generosity will enable us to initiate a range of curricular innovations, further critical research and provide financial support for students, who will become our nation's future leaders in business law and policy," Moran said.

An expanded curriculum and enhanced training in real-world transactional skills will aid not only students but the broader legal and business communities, she added.

The gift serves as the capstone of the law school's record-breaking campaign which, in addition to the Lowell Milken Institute for Business Law and Policy, led to the creation of the David J. Epstein Program in Public Interest Law and Policy, the Emmett Center on Climate Change and the Environment, the Williams Institute on Sexual Orientation Law and Public Policy (which had previously been a program), the Michael T. Masin Scholars Fund, and the Stewart and Lynda Resnick Endowed Fund in Support of Public Interest Law. The campaign also funded the school's A. Barry Cappello Courtroom, the Bruce H. Spector Conference Room and the Bernard A. and Lenore S. Greenberg Endowed Law Review Fellow Fund.

According to Moran, private philanthropy throughout the campaign more than doubled the number of endowed chairs at the law school, including four chairs endowed by longtime supporters Ralph '58 and Shirley Shapiro, and UCLA School of Law had the highest rate of growth in alumni giving of any top 20 law school, as participation rates soared to more than 30 percent. Key to this success was the Law Firm Challenge, which broke new records every year under the leadership of its founding chair James D. C. Barrall '75, as well as the recently created Reunion Challenge.

"As our record growth in giving demonstrates, our alumni have rallied together in unprecedented numbers under the leadership of Campaign chairman Ken Ziffren '65 and a team of dedicated volunteer leaders," Moran said. "They've demonstrated their commitment to UCLA School of Law's long-standing traditions of excellence, innovation, access and service. This critical campaign and the transformative gift from Lowell Milken show that our students, alumni and friends share the vision and values that define us as a great public law school, and their ongoing support will help us to overcome the often dour predictions prompted by the state and national budget crisis."

Private philanthropy is vital to preserving the long-standing tradition of serving the community and the greater good, a commitment integral to the mission of both the law school and the UCLA campus.

"This generous gift will deepen UCLA Law's already strong impact on the vibrant Los Angeles legal and business communities and help prepare students with the training they need to meet the challenges of today's global and entrepreneurial economy," said UCLA Chancellor Gene Block. "Through groundbreaking research, as well as symposia and conferences, the Lowell Milken Institute will facilitate the kind of sustained dialogue with policymakers and practitioners that is UCLA's hallmark as a public university."

Alumni and philanthropists increasingly are recognizing this imperative.

"At a time when our state's great universities are under significant financial pressure and constraints, it is incumbent upon those of us who benefited greatly from our educational experiences within the UC system to help support the outstanding work of these universities," said Milken, who graduated Phi Beta Kappa and summa cum laude from the University of California, Berkeley, where he received the School of Business Administration's Most Outstanding Student award. At UCLA School of Law, he earned his degree with the distinction of Order of the Coif and UCLA Law Review.

As chairman and co-founder of the Milken Family Foundation, Lowell Milken's dedication to education reform has been informed by more than three decades of education research, policy and practice, as well as firsthand visits to thousands of classrooms. Milken created the Milken Educator Awards in 1985, the nation's most prominent teacher-recognition program. In 1999, he founded TAP™: The System for Teacher and Student Advancement, a proven, comprehensive school reform now active in 13 states to attract, develop, motivate and retain the best talent for the American teaching profession. He also was instrumental in the establishment of High Tech Los Angeles, a public charter high school that engages students through self-directed learning, collaborative projects and real-world internships.

An international businessman, Milken is co-founder of Knowledge Universe, the world's largest early childhood education company. Headquartered in Singapore, Knowledge Universe operates worldwide with more than 38,000 employees. Milken is also chairman of London-based Heron International, a worldwide leader in property development.

About UCLA School of Law and the Campaign

Founded in 1949, UCLA School of Law is the youngest major law school in the nation and has established a tradition of innovation in its approach to teaching, research and scholarship. With approximately 100 faculty and 970 students, the school pioneered clinical teaching, is a leader in interdisciplinary research and training, and is at the forefront of efforts to link research to its effects on society and the legal profession.

In April 2008, UCLA School of Law publicly launched the $100 million Campaign for UCLA School of Law — the largest fundraising effort in the school's history — to increase funding for student scholarships and to attract and retain a world-class faculty. The campaign also seeks funding to expand academic courses and support law school clinics, centers and programs that inform law and public policy.

For more information, visit www.law.ucla.edu.

From http://www.law.ucla.edu/news-media/Pages/News/UCLA-Law-Receives-Transformative-$10-million-gift-from-Alumnus-Lowell-Milken.aspx

Of course, too much looking at gifts in the mouth might lead to an empty feed bag:

UPDATE: The LA Times editorial board has decided UCLA should keep the money. So there you have it:
http://www.latimes.com/news/printedition/opinion/la-ed-milken-20110830,0,1077411.story