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Santa Clara Law School Dean Donald Polden Profile - The Bar ...

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<strong>Santa</strong> <strong>Clara</strong> University <strong>School</strong> of <strong>Law</strong> campus<br />

SANTA CLARA UNIVERSITY<br />

SCHOOL OF LAW—<br />

<strong>Dean</strong> <strong>Donald</strong> <strong>Polden</strong><br />

Susan Kostal<br />

THE BAY AREA IS HOME TO SEVERAL WORLD-CLASS LAW<br />

SCHOOLS THAT PRODUCE TERRIFIC TALENT VALUABLE TO<br />

BASF AND THE LEGAL COMMUNITY. IN THIS ISSUE OF SAN<br />

FRANCISCO ATTORNEY, WE CONTINUE WITH OUR PROFILES OF<br />

THE DEANS OF SOME OF THESE LAW SCHOOLS, FEATURING<br />

THE GREAT WORK THEY’RE DOING TO TRAIN NEW ATTORNEYS.<br />

44 SUMMER 2008


<strong>Donald</strong> <strong>Polden</strong> was having a particularly good<br />

day on the job this spring. As dean of <strong>Santa</strong><br />

<strong>Clara</strong> University <strong>School</strong> of <strong>Law</strong>, a post he assumed<br />

five years ago, he was moderating a<br />

career advice panel for students. <strong>The</strong> panel was made up of<br />

alumni, and they just happened to be in management at the<br />

area’s most prestigious law firms,<br />

and those closest to the heart of the<br />

tech community—Mark Pitchford,<br />

CEO of Cooley Godward Kronish<br />

(’84); Andrew Valentine, managing<br />

partner of DLA Piper’s East Palo<br />

Alto office and cochair of its patent<br />

litigation group (’92); Rod Strickland,<br />

securities litigation partner at<br />

Wilson Sonsini Goodrich &<br />

Rosati, and one of the tech giant’s<br />

hiring partners (’92); Katherine<br />

Meier, managing shareholder and<br />

president of Hoge Fenton Jones &<br />

Appel (’84); and Dennis Brown,<br />

managing shareholder of Littler<br />

Mendelson’s San Jose office (’86).<br />

Both as the panel wrapped up and<br />

as he made the short stroll to his office,<br />

<strong>Polden</strong> fielded numerous<br />

wishes of congratulations. Earlier<br />

that week, US News and World Report<br />

published its much touted,<br />

<strong>Dean</strong> <strong>Donald</strong> <strong>Polden</strong><br />

and always controversial, rankings of law schools. <strong>Santa</strong><br />

<strong>Clara</strong> jumped fourteen slots, from ninety-one to seventyseven.<br />

That put the school once again within the top tier of<br />

the best one hundred schools. <strong>The</strong> magazine lauded the law<br />

school, founded in 1912, as one of the most diverse student<br />

bodies in the nation; 40 percent of its student body are ethnic<br />

minorities. <strong>The</strong> magazine ranks its IP program as the<br />

eighth best in the nation. On top of that, university president<br />

Paul Locatelli had just announced that <strong>Polden</strong> would<br />

remain as dean for another five years.<br />

<strong>The</strong> continued dominance of technology, and the law<br />

school’s focus on tech, account for some of the school’s<br />

bump in the rankings. <strong>The</strong> school has a total of 925<br />

students and receives some 4,000 applications for the<br />

300 seats in each incoming class. Its part-time program is<br />

particularly popular with engineers destined for patent<br />

law or other tech practices; between a third and a quarter<br />

of its evening division students are working engineers and<br />

technologists from Silicon Valley.<br />

<strong>The</strong> school has hit the news in<br />

other ways recently. It is home to<br />

the Northern California Innocence<br />

Project (NCIP), which has<br />

had several exonerations that have<br />

garnered press and attention,<br />

including from Silicon Valley investment<br />

banker Frank Quattrone,<br />

whose own brush with the<br />

criminal justice system prompted<br />

him to donate to NCIP.<br />

<strong>Polden</strong> would not disclose the<br />

amount Quattrone donated, but<br />

called it “really quite substantial”<br />

and confirmed Quattrone had<br />

not donated to the law school or<br />

university in the past. <strong>Polden</strong> recounts,<br />

“He tells the story of<br />

reading one day in the newspaper,<br />

the San Jose Mercury News,<br />

about the exoneration of John Stoll [Stoll served nearly 20<br />

years in prison before his conviction of child molestation<br />

charges was shown by NCIP and the California Innocence<br />

Project to have been based on false testimony]. This came<br />

at a critical point in his own indictment. He thought, this<br />

man is living my worst nightmare. He became enamored<br />

with the story and called here, to meet with Cookie Ridolfi,”<br />

who directs the project.<br />

It turns out, <strong>Polden</strong> goes on to say, that Quattrone and his<br />

wife, Denise, grew up within a block or two of Ridolfi in<br />

Philadelphia. “He and Denise have been generous in their<br />

own right, but they have also introduced us to his friends,”<br />

All photos by Charles <strong>Bar</strong>ry except as noted.<br />

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 45


<strong>Polden</strong> says. Quattrone now serves as chair of NCIP’s<br />

advisory board and was honored, among others, at NCIP’s<br />

Justice for All Awards Dinner in March.<br />

This may account, in part, for the success of a recent capital<br />

campaign. <strong>The</strong> school hit its target of $12 million twenty<br />

months earlier than it forecast, and then exceeded the goal<br />

by 40 percent, ultimately raising $17 million. <strong>The</strong> money<br />

will go for scholarships, professorships, and academic programs,<br />

including the school’s legal clinics and high-tech law<br />

center. <strong>The</strong> campaign was<br />

anounced just before <strong>Polden</strong><br />

assumed the position of<br />

dean, in 2003. He spent<br />

much of the early part of his<br />

tenure meeting alumni. “I<br />

did eighty alumni events in<br />

three years,” he says.<br />

<strong>The</strong>re has been a steady rise<br />

in nearly all the university’s<br />

metrics, not just giving. It has<br />

added more faculty and<br />

enlarged its library. Its direct<br />

expenditure spending per<br />

student has risen steadily.<br />

And its bar pass rate has<br />

steadily increased, and most<br />

recently was four percentage<br />

points higher than the<br />

state average.<br />

Photo by Kate Burgess<br />

<strong>The</strong> law school has also created a new department, Student<br />

Academic and Professional Development, headed by Marina<br />

Hsieh, who came to <strong>Santa</strong> <strong>Clara</strong> after teaching at the<br />

University of Maryland <strong>School</strong> of <strong>Law</strong> and UC Berkeley<br />

<strong>School</strong> of <strong>Law</strong>. <strong>The</strong> department offers academic support for<br />

the lowest quartile of the student body, as well as mentoring<br />

and enrichment programs open to the entire student body.<br />

<strong>The</strong> school has ten full-time faculty devoted to working<br />

with students on their writing and analytical abilities.<br />

This is not <strong>Polden</strong>’s first stint on the <strong>Santa</strong> <strong>Clara</strong> campus.<br />

After his father, a career army officer, returned from Korea,<br />

he came to teach military science at <strong>Santa</strong> <strong>Clara</strong>, from 1959<br />

to 1962. At the time, the school was all male, and ROTC<br />

was a required program. “Many of my father’s students were<br />

some of the school’s best student athletes,” <strong>Polden</strong> says, and<br />

they included Leon Panetta and at least a dozen of the area’s<br />

judges. A junior high student at the time, <strong>Polden</strong> was “a bigtime<br />

Broncos fan.”<br />

After graduating from law school, <strong>Polden</strong> taught antitrust<br />

and corporate law at Drake University <strong>Law</strong> <strong>School</strong> in Des<br />

Moines, Iowa, from 1975 to<br />

1993. He spent a year at the<br />

University of Louisville’s Louis<br />

D. Brandeis <strong>School</strong> of <strong>Law</strong> as<br />

a visiting professor, and then<br />

served as dean of the Cecil C.<br />

Humphreys <strong>School</strong> of <strong>Law</strong> at<br />

the University of Memphis<br />

before being tapped to lead<br />

<strong>Santa</strong> <strong>Clara</strong> University <strong>School</strong><br />

of <strong>Law</strong> in 2003.<br />

<strong>Polden</strong> says <strong>Santa</strong> <strong>Clara</strong>’s traditional<br />

Jesuit values appeal to<br />

today’s students. “Being on<br />

this campus, being part of a<br />

Jesuit Catholic university, has<br />

infused us with a lot of values<br />

that are important to lawyers.<br />

Our center for social justice<br />

and public interest reflects the same perspectives that Jesuits<br />

worldwide think are important—the individual dignity of<br />

people, the importance of a living wage, freedom from government<br />

or corporate oppression. <strong>The</strong>se values resonate with<br />

so many of our students that go on to work in nonprofits or<br />

NGOs [nongovernmental organizations].”<br />

Which brings <strong>Polden</strong> to one of the concerns he would like<br />

to address in the future. “Financing a legal education is one<br />

of the greatest challenges we are facing,” he says. Tuition is<br />

$35,000 a year for a full-time student, making <strong>Santa</strong> <strong>Clara</strong><br />

one of the most expensive private law schools in California.<br />

(Stanford, the University of Southern California, and Pepperdine<br />

lead the pack, with Stanford at $40,880, though<br />

46 SUMMER 2008


Stanford also awards nearly 80<br />

percent of its students financial<br />

aid, with an average fellowship<br />

of $20,000 annually.)<br />

<strong>Santa</strong> <strong>Clara</strong> is not able to offer<br />

similar aid, making <strong>Santa</strong> <strong>Clara</strong><br />

more expensive than Stanford.<br />

“For last year’s graduating class,<br />

the average student had a debt<br />

load of $100,000,” <strong>Polden</strong> says.<br />

That’s not unreasonable if a student<br />

walks into a Silicon Valley<br />

law firm with a starting salary of<br />

$160,000, but it looks daunting,<br />

to say the least, if a student opts<br />

for a government job or nonprofit<br />

that has a starting salary of<br />

$50,000 to $60,000. “We have<br />

created an endowment to provide<br />

funds for students going into public interest work, to<br />

provide at least partial payments toward their debt obligations,”<br />

<strong>Polden</strong> says. “This is an area where we need to do<br />

more. We need to build our financial strength so we can<br />

look at ways to reduce the growth in tuition, and grow our<br />

financial resources, including our endowment,” which is<br />

$21million.<br />

<strong>Polden</strong> has not been resting on his laurels, though. He had<br />

just finished prepping for the arrival of an American <strong>Bar</strong><br />

Association accreditation team. Each accredited law school<br />

is reviewed every seven years by a team of visiting aca demics.<br />

Pointing to a large binder, <strong>Polden</strong> says the documents will<br />

serve nicely as the basis for his next project, a strategic plan<br />

for the law school. “Our institutional planning is a little<br />

dated,” he concedes.<br />

He’s also focusing on a project close to his own heart, educating<br />

law students for leadership. He will have an essay on<br />

the topic published in an upcoming issue of the University<br />

of Toledo <strong>Law</strong> Review.<br />

<strong>Polden</strong> is described as both a good<br />

diplomat and a good salesperson.<br />

“A successful dean needs to be a<br />

diplomat, and <strong>Dean</strong> <strong>Polden</strong> does<br />

that very well,” says Eric Goldman,<br />

assistant professor of IP and<br />

director of the school’s High Tech<br />

<strong>Law</strong> Institute. “But he’s also confident<br />

in selling the school and persuading<br />

people to his point of<br />

view,” Goldman adds.<br />

Goldman says that any dean “has a<br />

lot of different constituencies he or<br />

she needs to serve. I’m always<br />

amazed at how many events the<br />

dean shows up at. I really appreciate<br />

it.” What’s more, <strong>Polden</strong> is<br />

blessed with the gift of brevity,<br />

Goldman says. “He usually gives<br />

some opening remarks, and he always has a pretty good<br />

joke, and that’s not always easy to do. And he always keeps<br />

it brief. That’s a valuable commodity.”<br />

Ridolfi, who leads the NCIP, says the dean has been a strong<br />

backer of the school’s clinical programs, including NCIP.<br />

“NCIP requires a lot of watering and feeding, and he’s been<br />

supportive of that. I think he has a very demonstrated commitment<br />

to the law school and to the public interest work<br />

of the Innocence Project. My sense is he genuinely cares<br />

about the people we serve and values the experience we are<br />

giving to law students.”<br />

<strong>Polden</strong> and his wife have three grown children and live in<br />

Mountain View. Aside from his academic duties, <strong>Polden</strong><br />

tries to play golf as often as he can. “<strong>The</strong> great thing about<br />

my job is we have graduates and friends who belong to<br />

some of the world’s best golf courses, and they invite me to<br />

play. And they always win. And that’s not a strategic matter<br />

for me,” <strong>Polden</strong> says.<br />

Susan Kostal is a longtime legal affairs writer based in San<br />

Francisco. She can be reached at skostal@mac.com.<br />

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 47

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