Thursday, October 18, 2007

Effective and Ineffective "Law Porn":

As the chair of George Mason's hiring committee, and therefore a presumptive U.S. News voter, over the last several weeks I've been the recipient of huge amounts of what has come to be known as "law porn"--brochures and other materials meant to inform me about the wonderful qualities of various schools.

Most of it simply goes in the garbage. But I have looked at some of it, and I've made some relevant conclusions about effective and ineffective law porn:

(1) If you're going to brag about something, make sure it's something worth bragging about.
Exhibit A is the fourth-tier law school that sent a brochure of faculty publications over the last decade. I noticed that I had personally published more than this entire faculty. This school did not rise in my estimation.

Exhibit B is the low-ranked school that sent a large placard bragging about the fact that it now has four former Supreme Court clerks on the faculty. The school gets points for originality in design. This 9 X 12 placard is beautifully designed, and, unlike the average law porn, requires no opening to read, so the information is conveyed very efficiently, and can even easily be absorbed on the way to the trash can. Unfortunately, the information that this school has four Supreme Court clerks is likely to make readers think less highly of it. First, what could be more gauche than bragging about how many former Supreme Court clerks are on your faculty? Second, Supreme Court clerks are overvalued in the academic market (though not as much as they used to be). It turns out that I happen to know, or know of, two of this school's former clerks, and they are excellent scholars. But someone less familiar with this school's faculty would be tempted to conclude that this school scrapes the bottom of the barrel of the clerk pool just to be able to say it has former clerks. Finally, one of the four trumpeted faculty members is actually a "visiting professor." So the message from this law porn is "we're going to spend a lot of money to tell you how proud we are to have this individual on our faculty, even though we don't think highly enough of this individual to offer him/her a tenure-track position."

Exhibit C are schools, that, assumedly to make their faculty feel better, include everyone in their publication lists, including faculty who haven't published anything outside a bar journal or a new edition of their casebook in a decade, and including faculty who aren't even expected to publish, such as legal writing faculty and librarians. The achievements of the faculty the school should focus its bragging on are lost in the sea of information about the clinicians who just published an op-ed in the local newspaper. Similarly, consider a law school that trumpets its new faculty hires, most of whom are clinical and writing instructors whose backgrounds betray no prior scholarly backgrounds. I'm sure many of these folks are fine clinical and writing instructors, but I'm not going to be especially impressed that Third Tier Law School recently hired three clinicians who attended Second Tier Law Schools and then practiced at Local Law Firms I Never Heard Of while publishing nothing. It's not that there is anything wrong with such hires, as one hardly needs to have attended Harvard and worked at a major international law firms to be a great clinician (and it may actually be a disadvantage) but the implicit message of focusing on these hires in a school's law porn is that the school has nothing better to brag about. To sum up Exhibit C, is your law porn showing how great your law school is, or how egalitarian it is? If the latter, then don't waste your money.

(2) Give stuff, not brochures. I was just think about how I needed a new flash drive. The University of Kentucky sent me one, with its school logo, and a file with info about how great the school is. I may never read that file, but I'll keep and use the flash drive. Thanks, UK! If you can't give stuff, at least design the brochure so it stands out, and may actually be read, as with the 9 X 12 placard described above.

(3) Don't send alumni magazines. These are meant for alumni, and they typically focus on things alumni care about, not things that professors at other law schools care about.

(4) Don't address the brochure to "chair, faculty hiring committee" as opposed to actually finding out who the chair is, and addressing it personally. The former address gives away that the mailing is law porn, and is therefore about 200% more likely to wind up in the trash bin, unread.

(5) Don't focus on recent and upcoming endowed guest lectures. Any law school with enough money can get just about any professor to speak on just about any topic. The fact that Richard Epstein, or Akhil Amar, or Bruce Ackerman, swung by last year tells me nothing substantial about your law school. On the other hand, if a law school has a surprisingly vigorous weekly workshop program, do send a brochure about that, because it shows that your school has an ongoing, interesting intellectual climate, not limited to when the famous stars show up once a semester.

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