The Volokh Conspiracy
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Who's More Liberal, Law Professors or Their Students?
An interesting new study on the ideological concordance between law faculty and law students.
Several years ago, Adam Bonica (Stanford University), Adam S. Chilton (University of Chicago), Kyle Rozema (Northwestern University) and Maya Sen (Harvard University), published a paper showing that the legal academy is significantly more liberal than the legal profession. As I noted when the paper was first released, this was interesting because the legal profession itself is more liberal than the public at large.
The same authors have a new study, "Ideological Concordance Between Students and Professors," looking at the alignment, or lack thereof, between law professors and law students. The abstract reads:
The largely liberal composition of American university faculties is frequently lamented in academic discourse and public debate, largely out of concern that professors "brainwash" younger generations with left-leaning principles. However, these complaints often fail to acknowledge that university students are also overwhelmingly liberal. It is thus possible that university professors are more liberal than the American public but more conservative than their students. In this article, we develop a measure of student-professor ideological concordance based on the share of faculty members who are more liberal than the students at a given school. We then use data on the ideology of students and professors in American law schools over more than a twenty-year period to estimate the degree of ideological concordance in the legal academy. We find that although professors have become more liberal over time, they have also become more conservative than their students.
Their assessment is largely backward looking, as the study relies upon data between 1988 and 2011, but it is interesting nonetheless. One has to wonder, however, whether anything has changed in the academy over the past fourteen years. Did law professors continue to become more liberal over this time? And, if so, did students as well?
One other thing worth noting is that the authors explicitly consider whether law professors are influencing the ideology of their students, and conclude that this is unlikely. On this point, they write:
Another possible concern with the validity of our results is that the correspondence between student and professor ideology may be driven by professors having a causal impact on their students' ideology. The reason that this is a concern is that students largely make political donations after law school, and any correspondence between professors and students could be driven by the students' ideology being moved by the professors' ideologies.
Although it is certainly possible that professors exert some influence on law students' political views, we believe this is unlikely to be sufficient to drive our results. Importantly, although there is some evidence of peer effects on ideology from college students' roommates (Strother et al., 2021), there is no general evidence suggesting that exposure to a liberal environment in college moves students to become more liberal (Mariani and Hewitt, 2008). Moreover, by the time students attend law school, it is more likely that their ideology is stable (Green et al., 2004; Bonica, 2014). Relatedly, there is evidence that judges do not affect the ideology of their law clerks (Bonica et al., 2019). Although law school is likely an important life experience, clerking is typically thought to be an intense experience where recent law graduates work in extremely close quarters with judges. If clerking does not change a recent law graduate's ideological leanings, it is reasonable to think that law professors also would not have a large influence.
To investigate the possibility that professors may be having a causal impact on their students' ideology in our setting, we compare students' CFscores from donations made during and before law school to CFscores from donations made after law school. More specifically, Column 3 of Table 3 regresses CFscore based on all donations after law school on CFscore of all donations during or before law school, and Column 4 regresses CFscore based on donations within 10 years after law school on CFscore of all donations made during or before law school. We find that CFscores before law school strongly predict the CFscores after law school (a 0.77:1 and 0.70:1 relationship between these measures), suggesting that reverse causation is unlikely to be driving our results.
As with everything this quartet produces, the study is interesting. Alas, one of them has decided to become a Dean, so there may not be too many more of these papers coming.
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Law Professors
Left means, big government. Government is a wholly owned subsidiary of the lawyer profession. No matter the elected figurehead, 99% of decisions are made by staff lawyers, rent seeking lawyers. Rent seeking is a polite way to say, armed robbery. Men with guns collect tax payments. Government returns nothing of value.
Rent seeking is a polite way to say, armed robbery. Men with guns collect tax payments. Government returns nothing of value.
plonk.
"we compare students' CFscores from donations made during and before law school to CFscores from donations made after law school."
Is it common for students to make donations before and during law school? I was under the impression that a large majority of such students were borrowing substantial sums...
Oh, yes! I remember the good old days before I finished my university degrees when I had all that money burning a hole though my pockets and I contributed large sums of money to politicians.
Wasn't everyone awash in cash when they were in college?
Political beliefs do not arise in a vacuum and a large portion if not the vast majority of people's beliefs are determined primarily by peer pressure. Whether the prog fad comes from the academia establishment which has been propped up by the government or the media zeitgeist propped up by the government ultimately the landscape of our current political beliefs is the result of government meddling and favoritism. Particularly in high government control societies which is why government expansionism is so dangerous. We think we're free to make our own choices but in reality the government has its fingers in every pie and on every move we make.
At least before the mid 20th century the government tried to inculcate a more pragmatic state ideology but afterwards either by intentional malice or the inherent structural rot globalist bureaucrats and technocrats bring into the system and the unprecedented expansion of government meddling presaged by the New Deal the state sponsored ideology shifted to the corpowoke nonsense that infects society which dukes it out with with the far left and right reaction movements.
As much as today's leaders and societies pride themselves as being superior and different they are fundamentally not different from the kings and emperors or old sponsoring and anathematizing different sects.
The MAGA-tankie Horseshoe theory kicking hard with this comment.
Just swap a few of the actors around.
In Marxist theory, false consciousness is a term describing the ways in which material, ideological, and institutional processes are said to mislead members of the proletariat and other class actors within capitalist societies, concealing the exploitation and inequality intrinsic to the social relations between classes
https://en.wikipedia.org/wiki/False_consciousness
What is actually happening at this point is that conservative youth, being well aware of how left wing these institutions are, don't volunteer to be abused, and find some other career than law.
I've warned of this before: Republicans will soon find it very difficult to locate good judicial nominees, because the output of the law schools, especially the 'elite' ones, will be so heavily tilted in favor of the left. And then a bit later, it will be Supreme court nominees who become hard to find.
It's rather important that the right capture some educational institutions for itself, to maintain a deep bench of potential nominees.
Brett has mucho experience with law schools.
I suppose you've got an alternate theory of why the students taking law are radically unrepresentative of the general population? Self-selection is actually the benign explanation.
There are, as usual, tons of explanations other than the one you've decided on.
Confounding variables like class, urban/rural, parental background...the list is large.
Lawyers also require a baseline trust and belief in institutions, which these days will trend non-MAGA.
That's off the top of my head. Just because your imagination fails doesn't mean you've hit on the only possible explanation.
Same with the discussion about academia in general - Conservatives are, on average, more likely to focus on raising children and earning a living for the family, more oriented toward their extended family and local community, and immediate practical pursuits toward those ends. Liberals are more likely to eschew family in favor of self-advancement, prestige through status and public intellectual achievement, and generally "making a difference" in a more abstract and individualized way.
Certainly, there are exceptions, and I'm not trying to depict one as being better or worse than the other, but I think something like is a part of the explanation for why fewer conservatives go into academia. The same thing would apply to something like going to law school. Another part of the explanation would be along the lines of what you describe, which is basically the inertia of like minded people sorting into groups, or put another way, birds of a feather flock together.