party affiliations of law profs

Mary Dudziak mdudziak at
Wed Aug 31 06:58:22 PDT 2005

The homogeneity in con law casebooks is an interesting historical 
phenomenon & is not all about the ideology of profs.  It's partly a 
story of the emergence of a "canon" of cases/topics, and it's partly 
about the construction of a market.  Much more to say on this, but I 
just wanted to make the point that casebook homogeneity is not a good 
measure of the homogeneity of law prof. ideology.

Mary Dudziak

At 05:56 AM 8/31/2005, Hamilton02 at wrote:
>I might be persuaded that there is more diversity if one includes 
>all 150 schools, but I have yet to find a casebook, especially in 
>con law, that is not heavily slanted to the left.  Major, governing, 
>federalism cases get glancing review, while pages are spent on 
>Carolene Products, fn. 4, which was dead doctrine on arrival.  The 
>good money is on a legal academy that is heavily weighted to the left.
>In a message dated 8/31/2005 7:57:53 A.M. Eastern Standard Time, 
>s-gerber at writes:
>Brian Leiter argues by anecdote, not empirical evidence.  McGinnis, and
>before him Merritt (and others), are providing real data.  I'm much more
>persuaded by data than anecdote.
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Mary L. Dudziak                                 2005-06 Contact information:
Judge Edward J. and Ruey L. Guirado Professor           Visiting 
Professor of Law
    of Law, History and Political 
Science                        Harvard Law School
University of Southern California Law School            Areeda 132
Los Angeles, CA   90089-0071                    Cambridge, MA  02138
phone:  213.740.4789                                    phone:  617.496.8834
fax:  213.740.5502                                      fax: 617.496.4867
e-mail:  mdudziak at  
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