By JODI SOKOLOWSKI
Buffalo Law Journal

The University at Buffalo Law School's interim dean, Makau Mutua, is "baffled" and "shocked" about the allocation in the state budget of more than $50 million to other universities to create or consider starting law schools when, in his opinion, the funds should be concentrated at existing state law schools.

"It just baffles me why (the state) would go and incubate other law schools within the SUNY system when it hasn't funded the other law schools in the system," Mutua said. "We are grossly underfunded from the state."

The New York state budget for 2008 includes $45 million for the University at Stony Brook to establish a law school and $3 million for the University at Binghamton and $2.25 million for St. John Fisher College to study the creation of law schools.

Stony Brook and Binghamton would join UB Law, in the State University of New York System, and Queens College, in the City University of New York system, as the state's public law schools.

Mutua said he was disappointed to learn that the state is providing taxpayers' dollars to St. John Fisher, a private college.

"To me that is completely mind-boggling," Mutua said. "It's simply bad public policy."

Does the need exist?

According to the New York State Department of Labor's Workforce Investment Board, law is among the 10 professions expected to see the most openings through 2014. There were 14,096 practicing attorneys in the state as of Dec. 31, 2006, according to the U.S. Department of Labor's Bureau of Labor Statistics.

The new law schools, which could enroll from 200 to 500 students each, would fill a growing need, according to Binghamton University's "The Opportunity to Establish a Law School" report.

"There's simply not a need for more law schools," Mutua countered. "If such a need did exist, I have not heard that argument."

UB Law's tuition is approximately $13,500 and Queens' is about $10,500, while tuition at private law schools can top $40,000.

The road to establish law schools is "a very laborious and arduous climb," Mutua said.

"It stands to reason the state would support what it established and to raise its standard," he said, referring to UB Law's drop from 77 to 100 in a recent U.S. News & World Report. "It's strange that the state would disinvest in its only state law school."

If the state can find $50 million for other schools, "there ought to be an opportunity to get a fraction of that to enhance the law school in existence," said UB Law Alumni Association president Dennis McCoy.

"Certainly the first goal is to look at our own situation and get our fair share of funding," said the Hiscock & Barclay LLP partner. "I feel that we haven't made that message clear enough."

Hodgson Russ LLP general counsel Robert Conklin, who has served on UB Law's Dean Advisory Council, said UB Law's increase of 700 applications for its incoming class is an indicator of the school's reputation and staying power.

"To have the State of New York basically ignore the school and arguably abandon it when it's trying to move on to the next level, it's sad and incomprehensible," he said.

Touro for sale?

A Feb. 24 story in the New York Times reported that Stony Brook is considering buying Touro College's $35 million law center, which moved into a federal and state court complex on Long Island last year.

While Touro officials deny that the private school is for sale, according to an April 9 story in the Long Island Business News, the possibility of competition from a nearby state institution could force Touro's hand.

Sen. Ken LaValle, R-Port Jefferson, chairman of the Senate's Higher Education Committee, who secured the money for Stony Brook, did not respond to requests for comment, nor did SUNY Interim Chancellor John Clark.

SUNY spokesman David Henahan said the SUNY System Administration will assist Binghamton and Stony Brook universities as they examine the feasibility and planning of law schools.

The process to approve a new school of any type begins at the campus level and then moves to SUNY System Administration, the SUNY Board of Trustees, the New York State Education Department, the New York State Board of Regents and then to the governor for final approval, Henahan explained.