A Dress Code for Law Faculty?

Case Western Reserve law professor Erik Jensen has posted to SSRN a 28 page paper (really!) entitled Law School Attire: A Call for a Uniform Uniform Code. (HT: Caron) image Professor Jensen has given up on our students:

Not for students. I give up on them. ... In fact, I’d be happy to return to a world in which students were dressed at all in the spring, summer, and fall. Studying taxation has to be easier if the person sitting next to you isn’t exposing his or her buttocks.8 And, although underdressed students wind up learning something about the bottom line, I suppose, how can they understand the concept of white-collar crime?

8 The “business casual” required at Illinois State’s business school isn’t much, see Guess, supra note 4, but it’s better than nothing. See Illinois State University Department of Marketing, Business Casual Professional Dress Code (effective fall 2007) ("Short, tight skirts that ride halfway up the thigh are inappropriate for the classroom."), available at <http://collegefreedom.blogspot.com/2007/08/no-collaredshirt-no-dress-shoes-no.html>. Students don’t understand how important it is to cover one’s behind in the legal profession. Cf. Asra Q. Nomani, Brief Skirmish, Or How the Thong Is Making Its Mark, Wall St. J., June 8, 1999, at 1. The term “thongs” is sometimes used to refer to those foot thingies, see infra notes 22-23 and accompanying text, but the thong “making its mark"--the thongs for the memories--is something else altogether. (One can imagine this linguistic confusion leading to some really awkward moments at the department store.)

Instead, as the paper’s abstract explains, Prof. Jensen thinks:

Law professors dress scruffily, and we need to do something about that.

I trust my readers will pardon me for breaking out a word I rarely use on this blog (or in everyday speech), but there are times when a pithy Anglo-Saxon expletive is the only possible response. After all, did not Justice Harlan observe of the word in question that “while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man’s vulgarity is another’s lyric”? And so I say of Professor Jensen’s proposal:

Fuck that. And the horse it came in on.

I was into grunge as a fashion statement long before anybody ever heard of Kurt Cobain. Sadly, I’m now so old that when I tell that to my students, some of them actually have to be told who Kurt Cobain was. True story. Back when I was in my third year of law school, I dropped in on the professor for whom I worked as a research assistant. His office neighbor, another of my professors, was already in the office visiting him. I was unshaved, unwashed, and wearing jeans, a t-shirt, and my dad’s old Army field jacket. My boss looked at me with ill-concealed disdain and then observed to the other professor that “it’s hard to believe there’s a halfway decent legal mind under all that mess.” Also a true story.

Contra Jensen’s suppositions, my continued affection (or should it be affectation?) for grunge is neither an attempt to recover my youth, a desire to fit in with my students, nor, God help us, an effort to engage in sexual conquests. At age 49 (almost), life’s just too short to be uncomfortable. If I could get away with it, I’d teach in sweats and a vintage Redskins jersey (which, after all, is my non-teaching day uniform). As it is, khakis and an open collar shirt are as far as I’m willing to go. And in the unlikely event that if the powers that be at UCLA want more than that, they’re going to have to come up with a very big raise. Very.

  • “When you can’t do something truly useful, you tend to vent the pent up energy in something useless but available, like snappy dressing.” – Lois McMaster Bujold

  • “I’ve found that you don’t need to wear a necktie if you can hit.” – Ted Williams

  • “If men can run the world, why can’t they stop wearing neckties? How intelligent is it to start the day by tying a little noose around your neck?” – Linda Ellerbe

  • ” Neckties strangle clear thinking.” – Lin Yutang

  • “I base most of my fashion sense on what doesn’t itch.” – Gilda Radner

  • “If most of us are ashamed of shabby clothes and shoddy furniture, let us be more ashamed of shabby ideas and shoddy philosophies…. It would be a sad situation if the wrapper were better than the meat wrapped inside it.” – Albert Einstein

  • “It’s always the badly dressed people who are the most interesting.” – Jean Paul Gaultier

Posted on Friday, October 19 2007 | Permalink

Here, here. I’m a happy jeans and tee sort, at least most of the time. That said, I enjoy dressing up, but generally only when it is for someone else - a date, say, or Halloween. Call it a social contract. Otherwise, why should I care? Cow-orkers care more about my output, not what I look like, and I work from home anyway, so they never see me. When I do encounter others, I make sure I don’t smell bad (not difficult, because I like being clean), and otherwise, if they don’t like my 15 year old Jane’s Addiction tshirt or my Docs, they can deal with those issues when I’m not billing. (Dating myself, I know. Yes, I’m a recovering goth. But Docs are great shoes.)

Posted by  on  10/20  at  06:06 PM

This is the awesome-est post ever, Steve.  You’re my new sartorial standard! 

May i just add some additional skepticism:  law profs dress badly?  What about math profs, where a mere collar on a prof’s short sleeve shirt arouses suspicions across the department?

Posted by  on  10/20  at  06:27 PM

Sadly, I’m now so old that when I tell that to my students, some of them actually have to be told who Kurt Cobain was.

I teach both college and secondary school, and I’ve had some students become almost insanely jealous when they discover that I got to see Nirvana live in concert.

Great post!  I’m no fan of excessive dress codes either. (In one of the high schools where I teach, I had a student put in the in-school suspension room for two days for the heinous offense of having his shirt untucked.) Thankfully, I’m a music professor, and our department may be among the most casual on campus.

Posted by Kev  on  10/21  at  10:16 AM

I second the comment about the math profs.  All math profs are required to wear sandals in the summer, and sandals with socks in the winter.  Anything else, and you can get expelled from the AMS. wink

Posted by Wacky Hermit  on  10/21  at  10:17 AM

As a student, I find Prof. Jensen’s ideas on student dress habits pretty insulting, for a couple reasons. First, law students dress casually because while law school is not high school - it isn’t the firm either. We have quite enough time for 60 hours a week of business casual ahead of us. Second, professors who profess a worry about students being distracted (by solataire, internet connectivity, or skimpy skirts), generally are exposing a (probably well-founded) insecurity in their ability to teach in an engaging manner.

Lastly, anyone else pick up a somewhat creepy old-man-uncomfortable-with-his-own-oggling-of-young-female-students vibe from some on Jensen’s langauge?

Posted by  on  10/21  at  12:52 PM

As a conservative, shouldn’t you be at least sympathetic to requests that you dress in the manner that is traditional for professionals in America?  Yes, I can see arguing against a formal dress code for adults, but this is about culture, not law.  Shouldn’t you be a little ashamed for dressing sloppily?

PB Replies: Nope. I’m not even ashamed of not being ashamed.

Posted by  on  10/21  at  03:42 PM

I have to say that I agree with Prof. Jensen.  There are few things that I dislike more in a classroom than a professor who does not take enough effort to dress himself up properly.  If he doesn’t take himself seriously, then why should I?  Simply because he has power over me does not make me respect him.

There is, of course, a difference between casual dress and sloppy dress.  A pair of khakis and a collared shirt are fine so long as they fit properly, have no visible stains on them, and are unwrinkled.  A professor who looks like he just got out of bed is unacceptable.

I remember when they instituted casual Fridays in my office a few years back.  It seemed I was the only one who was displeased at this.  I suppose wanting to dress professionally is no longer respectable.  My male co-workers thought it was odd when I continued to wear a suit on Fridays.  And yes, I find a business suit and tie to be one of the most comfortable things that a man can wear.

Posted by  on  10/22  at  08:22 AM

Fuddy-Duddies of the world, unite!

Brett Champion writes:  “And yes, I find a business suit and tie to be one of the most comfortable things that a man can wear.”

I am wondering:  Is this not one of the funniest sentences you’ve ever read?  Not only in its contrary-to-fact substance, but also in its gendered construction: the sentence’s use of “a man” is about as old fashioned as the desire to have one’s neck supported by a knot and a closed collar all day long.  (Ah yes, old chap, we manly-men enjoy hunting in our business suits.)

But still, may I suggest that Mr. Champion has a future on Madison Avenue? That sentence would make for a potentially brilliant—and incredibly challenging—advertising campaign for the men’s suit industry.  I’d love to see it!

Posted by  on  10/22  at  04:03 PM

When I first joined my current (B-School) faculty an older faculty member complained that I, and some of my younger colleagues, dressed in jeans and sweatshirts to teach. The chair told him to be glad we dressed as we did. “If he ever puts on a tie he can go to the California Club and take ALL your consulting income.”

Posted by  on  10/22  at  09:23 PM
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