Posted by David Bernstein:
Leiter's Tunnel Vision:
http://volokh.com/archives/archive_2007_09_23-2007_09_29.shtml#1190744731


   It would be too tiresome to reply to Brian's Leiter's [1]rant about me
   point-by-point. So let's just focus on one statement: "But how many
   times in the last 50 years have 'liberal' politicians and interest
   groups outside universities successfully mobilized to get someone
   fired or even threatened that person's tenure because of
   'conservative' views?"

   Well, let's start with Larry Summers, whom Leiter mentions, oddly
   enough, in the same post. Sure, Summers is actually a liberal
   Democrat, but to his leftist critics at Harvard, his views on, among
   other things, feminism and Israel, were too "conservative" for their
   taste, and they got him fired from the Harvard presidency. Of course,
   if Summers were truly and publicly conservative, the odds of him
   getting the Harvard presidency to begin with would be virtually nil
   (and the same goes for just about every other leading university).

   Which leads to my broader point, that the Left doesn't mobilize
   against conservatives and libertarians in the universities because
   they do such a good job at keeping them out to begin with. Let's take
   law school deanships. Erwin Chemerinsky's job at UC-Irvine was
   threatened, after it was offered, by outside "conservative" forces.
   But in the past several years, I've had three calls from colleagues at
   other law schools about current or former George Mason colleagues who
   were up for deanships at these schools. In each case, my correspondent
   noted that their was significant "concern" about the candidates'
   ideology, such that an entire faculty bloc was opposing the candidate
   as "too right-wing." None of these candidates got the job.

   And then there are the anecdotes that [2]one has personally
   [3]experienced, that one hears from one's friends, and so forth--do
   liberals have to pass a quiz about their political views on
   affirmative action before they get hired? Do liberal international law
   scholars frequently get negative outside tenure or hiring reviews
   explicitly based on the premise that their ideas are dangerously
   left-wing? Do liberals frequently get told that a law school will
   consider hiring them when one of their current liberal faculty members
   retires or dies, so they can keep the same "balance" on the faculty?
   If so, then I'll grant that when such things happen to people on the
   "right", they aren't facing institutionalized discrimination.

   But then there is George Mason, which in Leiter's mind apparently
   makes up for the other 190 ABA-approved law schools because we hire
   great candidates who are undervalued on the market on ideological
   grounds. If there were 50, or even 25, George Masons I'd acknowledge
   that Leiter has a point, but Mason can only absorb 35 or so of the
   8,000 faculty slots available at American law schools.

   I focus on law schools because that's familiar turf, but all
   indications are that law schools are actually much more open-minded,
   and much more tolerant of right-of-center views, than are other
   university departments, including many economics departments, Leiter's
   embodiment of the "right-wing". (Do we have any libertarian economics
   professors in the audience who want to comment on Leiter's ridiculous
   claim that "free market utopianism" "dominates economics?")

   Leiter bemoans the controversy over poor [4]Joseph [5]Massad at
   Columbia, without noting the unlikelihood that someone like him would
   ever get hired by an institution like Columbia to begin with but for
   his ideology, and the related impossibility that even a top-notch
   scholar sympathetic to Israel would get hired in Massad's
   Edward-Said-influenced department. Top universities have found it
   necessary to [6]create special [7]"Israel Studies" programs and chairs
   because Departments of Middle Eastern Studies are so [8]closed to
   [9]anyone who wants to do objective, much less sympathetic,
   scholarship on Israel.

   In fairness to Leiter, if one's worldview is to the left of Noam
   Chomsky's, the whole world, even academia, is going to look very
   "conservative". Even then, it would be hard to believe without willful
   blindness that economics is a more "ideological" subject than is
   "Women's Studies," even though economics professors range all over the
   ideological map, and Women's Studies professors, well, don't, and even
   though economics departments don't declare themselves to have an
   ideological mission, while Women's Studies departments often do
   ([10]e.g.).

   So even if I did share Leiter's worldview, I might be embarrassed to
   advertise my tunnel vision.

References

   1. http://leiterlawschool.typepad.com/leiter/2007/09/speaking-of-par.html
   2. http://volokh.com/2003_09_28_volokh_archive.html#106502096617940286
   3. http://volokh.com/2003_09_28_volokh_archive.html#106502939043829811
   4. 
http://www.volokh.com/archives/archive_2006_02_05-2006_02_11.shtml#1139535258
   5. 
http://www.volokh.com/archives/archive_2004_11_07-2004_11_13.shtml#1099844154
   6. http://www.volokh.com/posts/chain_1098338602.shtml
   7. http://www.aisisraelstudies.org/
   8. http://www.volokh.com/2004_03_14_volokh_archive.html#107971997156924230
   9. http://volokh.com/archives/archive_2007_03_25-2007_03_31.shtml#1175043729
  10. http://bellarmine.lmu.edu/womenstudies/index2.html

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