The Arkansas Claims Commission has set a hearing on a motion to dismiss a University of Arkansas at Little Rock law professor's claim regarding the handling of named professorships by the law school's administration.
But it won't be heard until next year.
Meanwhile, the law school's faculty voted last week to make changes to the awarding of named professorships.
Though originally scheduled for later this year, the hearing on the university's motion to dismiss the complaint was postponed until 2024, said Robert Steinbuch, the law professor who filed the claim. Steinbuch and his attorney, Chris Corbitt, have also filed a motion to disqualify university counsel from the case, and that, too, will be dealt with at next year's hearing.
That hearing will determine whether Steinbuch's complaint reaches a full hearing on its merits in front of the claims commission, a hearing that would allow both sides to argue their cases, similar to a civil court case.
Late last year, a faculty appeals committee met to discuss the findings of an informal subcommittee and found "the concerns and recommendations of the informal subcommittee" -- which held that Steinbuch's complaint "regarding application and award process(es) for named professorships has merit" -- to be "sound," according to the decision.
The appeals committee also recommended changes be implemented for the awarding of named professorships before a new dean of UALR's William H. Bowen School of Law is installed. Theresa Beiner announced last fall she will step down from the dean's role effective July 1 and return to a faculty position. The university has narrowed the search for Beiner's successor to a pair of finalists, both of whom visited the law school last month to meet with faculty, staff, and stakeholders.
Colin Crawford, dean and professor of law at Golden Gate University School of Law in San Francisco, and Christian Johnson, Commonwealth Professor of Law and Business Advising, and director of the Business Advising Program at Widener University Commonwealth Law School, are the finalists.
During a meeting April 10 at the law school, faculty voted to alter rules on named professorships for the future, including emphasizing the last five years of accomplishments of applicants, limiting the size of applications and supporting documents submitted for consideration by applicants to 20 pages, and adding a civility and respect consideration to the existing three qualifications of scholarship, teaching and service.
In addition, named professorships will now generally have five-year terms, instead of four, and while the law school's dean will retain "ultimate discretion" in awarding named professorships, the dean "shall make such a decision after consulting with the Promotion and Tenure Committee and affirmatively seeking input from all members of the faculty, including those who seek appointment," according to the new rules.
Furthermore, the dean "shall notify all faculty that interested and qualified candidates should apply for" named professorships "at a time deemed appropriate by the dean, but normally at least three months before a named professorship becomes available."
"We are aware of the policy changes submitted by the faculty," said Carrie Phillips, UALR's chief communications and marketing officer. "At this time, [they're] being reviewed through the proper university channels."
The university declined comment on Steinbuch's complaint to the state claims commission, as university policy is to not comment publicly on pending litigation, Phillips said.
Law professor Joshua Silverstein motioned to add another consideration -- that applicants have not committed acts of discrimination against other Bowen law school employees -- to the criteria for named professorships, but that motion failed April 10, Steinbuch said. Steinbuch said he supported the motion and was disappointed it failed.
Last year, Steinbuch, who joined the Bowen faculty in 2005, filed a complaint with the state claims commission regarding what he argues is improper handling of named professorships by Beiner. The university has made several motions to dismiss his claims since then, and he and Corbitt have filed several amended complaints offering additional information.
Steinbuch feels he should have been awarded the Arkansas Bar Foundation Professorship, which instead went to Lindsey Gustafson.
Steinbuch claims Beiner unilaterally extended the named professorship she holds, the Nadine Baum Distinguished Professor of Law, for a fifth year, which he said not only violates the law school's stated rules, but also is a conflict of interest. He also took issue with Beiner holding the Byron Eiseman named professorship open to attract a tax law expert to the faculty, as well as a proposed revision from August 2022 that would focus that named professorship even more on a tax attorney and call it the Byron Eiseman Professorship in Taxation.
The revised gift agreement was drafted roughly a month after Steinbuch emailed Beiner with his arguments for him being awarded this particular named professorship, which was vacant.
Steinbuch and Corbitt filed a motion in February to disqualify university counsel from this case, because head university counsel JoAnn Maxey was "part of the redrafting effort" for the Eiseman named professorship last August, Steinbuch said. That redrafting/revision is "part of the wrongful behavior subject to this very proceeding."
"If anyone is a witness or party to an action, he or she can't be the attorney for anyone but" himself or herself, according to Steinbuch. "The whole entity" of university counsel "should be disqualified" from this case.
Steinbuch is seeking an award of $10,250 -- the annual stipend for holders of a named professorship at Bowen -- payment for his attorney fees and "all other just and proper relief."
As part of his filing with the claims commission, Steinbuch notes that prior complaints he has made about the dean's actions have been affirmed on two other occasions. UALR Chancellor Christina Drale sided with Steinbuch in the instance of putting former President Bill Clinton's name on a named professorship, and a university panel sided with him in a case where Steinbuch was told he couldn't have guest lecturers for his classes when he observes Jewish holidays.