Legal Commentary

The law-blog ranks have seen lots of discussion of so-called "law porn" -- the glossy, oversold brochures that flood faculty mailboxes as law schools from far and wide try to convince us of their US Newsworthiness, if I may coin a phrase.  (See, e.g., here, and see also this post from Ann Bartow both complaining about the choice of the phrase "law porn" and passing along a first-hand account of its genesis).  We've heard most of the criticisms -- blah blah blah waste of paper and resources, yada yada extravagant claims, blah blah blah playing into the US News reputation game.  Those blah blah blahs aren't dismissive.  Those are perfectly valid claims, although I confess I do read most such brochures, and find the ones that are directed at other scholars rather than at alumni to be interesting -- even NYU's breathless version of same.  But we have heard these claims before.

One thing I haven't seen addressed much is what I'll call "law swag."  I'm not referring to the "freebies" that West and Aspen give us at AALS conferences (or don't give us, as the case may be).  I'm talking about the stuff we law professors get just about every time we visit schools for symposia, special lectures, and so on.  Shirts, mugs, hats, notebooks, bags, etc. -- all embossed with the name and logo of the school.  I know a professor who must have a sweatshirt for every ABA-accredited school in the US (although I don't know how many of them were swag and how many were purchased, to be fair).  My own speaking occasions have been limited so far, but I certainly drink many a morning cup of coffee with the assistance of mugs from various law schools. 

Let me ask two questions, the first one fun and the second a little provocative.  First, what is the best law swag you have received?  I really hope this one gets responses, because I'd love to know -- I'll plan my travel schedule accordingly!  My vote is for the small, hardbound notebook I got from UCLA last year, which I still use for my honored-in-the-breach daily to-do lists.  A close second is the handsome tocque BC Law gave me, although there's not much call for it here in 'bama.  A dishonorable mention goes to a school in Orange County, formerly accused of playing shenanigans with SSRN, whose school name disappeared from the mug after about two washings.  What has been your best swag?  Or the worst, for that matter?

My second question is: should we feel at all queasy about accepting law swag? 

It's not the same as law porn, surely: it's not an unsolicited system of mass gifts; it doesn't involve extravagant truth-claims; it is a token of appreciation for showing up and speaking, and such gifts should be well thought of; and its givers are often students, not faculty. 

On the other hand: such gifts are expensive and a waste of resources, both financially and environmentally; they are unnecessary, since in truth all of us would show up anyway; in some cases they are given to speakers who have already accepted honoraria, which should be gift enough; we (or many of us) feel at least somewhat disapproving toward similar practices in the medical profession; surely part of their purpose is to make visiting profs walk away feeling good about that school, for purposes including gaming US News; and surely in that they are at least as successful, if not far more so, than standard brochure-style law porn.  When you tote up those considerations, can we really justify morally accepting that next mug or T-shirt or kitchen magnet?  And why, other than naked self-interest, do we appear to be so much more upset about law porn than about the free gifts most of us accept with gratitude and alacrity?

I don't want to be the guy who kills the goose who lays the golden egg; I like my BC Law knit cap!  I would like to hear what others think.  Maybe, if we're lucky, Paul Caron will also educate us as to any tax reporting obligations -- although if you've gotten swag that was so expensive it required you to report the gift, please email the name of the school to me here privately rather than post it publicly; no need for everyone to know about it.