A Tribute to Prof. Don Polden (1948-2024)

November 14, 2024 · by · in Family & Friends, Legal Education Industry, Life as a Law Professor

Former Dean Don Polden and his successor, former dean Lisa Kloppenberg

I’m saddened by the death of my colleague, friend, and former supervisor, Prof. Donald (Don) Polden. Don was the dean that hired me as a tenure-track faculty at Santa Clara Law in 2006. I had been an adjunct instructor at SCU from 1997-2002, and returning to the law school was a dream of mine. Getting the offer from him was a highlight of my professional career.

At SCU, I was hired into a dual role as both a tenure-line faculty and Academic Director of the High Tech Law Institute. Normally, pre-tenure faculty are advised not to take mixed positions like this because of the risks to getting tenure:

  • The administrative duties were likely to slow down my scholarly production, a key component of my tenure candidacy.
  • Administrative decisions can be politically risky and can alienate colleagues. I hoped to be a mild version of myself during the tenure evaluation period, but I have a knack for finding trouble.
  • I was coming into a new community with no built-up goodwill to smooth out any tenure considerations, unlike my situation at Marquette Law, where I felt confident of getting tenure the next year in part due to the goodwill I had built over my four years there.

To navigate this potentially perilous situation, I needed a dean who could help me succeed on every front–as a tenure candidate, a faculty member, an administrator, and also as a husband and father. Don did all of that and more. Foundationally, Don put together a teaching package that gave me enough time to invest in my HTLI responsibilities, perform my duties as a teacher and scholar, and still be a husband and father. As a result, I successfully navigated the tenure and full professor approvals during his deanship.

As my nominal boss, Don unequivocally backed the administrative choices I made. I always tried to be reasonable in my asks (of course, that’s a self-assessment…), but Don’s answer was always yes. His support led to a string of administrative successes that the school still benefits from, including a series of memorable conferences, the restructuring of Intellectual Property curriculum and High Tech Law Certificate (2009), and the launch of the Entrepreneurs’ Law Clinic (2013) (see this blog post for more background about Don’s role in the ELC’s founding).

One year, the HTLI unexpectedly dropped out of the top 10 of the US News specialty ranking of IP programs. I figured this development would make some alumni and students unhappy, so I asked Don if he would like me to tender my resignation from the HTLI director role so that he could use me as a scapegoat. Don’s facial reaction was a mix of bemusement and disbelief that I can only describe as a non-verbal statement “why would I as dean want to do that?” It was immediately clear to me that my resignation was the last thing on his mind. He saw the development as a short-term thing, not worth reacting to. His confidence in my administrative work was rewarded when the rankings drop was indeed only a one-year blip (I believe the program has ranked in the top 10 every year since).

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In addition to our successful professional relationship, Don was a personal friend. For example, Don had season tickets to SCU basketball and the Oakland A’s and occasionally shared extra tickets with me. I used those tickets to bring my kids to the games and create some great family memories. Don also connected us with his daughter Emma for childcare help, which was a godsend because my kids loved her. So, in addition to helping me structure my professional time so that I could be a husband and dad, Don played additional important background roles in my kids’ childhood, and I always will be grateful for that.

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I owe a lot of my professional and personal success to Don. He was an inspiration, a catalyst, a champion, and a mensch. I offer my condolences to the Polden family on their loss.  ז״ל‎

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