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More Details on Lawsuit Against Iowa Law School for Alleged Political Bias in Hiring

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by Justin Shubow
Posted January 09, 2012, 6:20 PM

The New York Times reports on the lawsuit against the University of Iowa College of Law for allegedly discriminating against an applicant for being politically conservative, about which we recently noted:

According to [Teresa] Wagner’s lawsuit, the law faculty at Iowa in 2007 included a single registered Republican among its 50 or so members. The Republican professor was appointed in 1984. In 2009, The Des Moines Register found that there were two registered Republicans on the faculty.

Ms. Wagner would have added some balance, her lawyer said.

“My client is an ideologue,” Mr. Fieweger said. “She does believe in conservative values.” Ms. Wagner has worked for the National Right to Life Committee, which opposes abortion and euthanasia, and the Family Research Council, which takes conservative positions on social issues.

Walter Olson, a fellow at the Cato Institute, the libertarian group, and the author of “Schools for Misrule: Legal Academia and an Overlawyered America,” said there was nothing unusual about the number of Republicans on Iowa’s law faculty.

“What would count as freakish would be to find two dozen registered Republicans on a big law  faculty,” Mr. Olson said. “Law schools are always setting up committees and task forces to promote diversity on their faculty, which can serve to conceal an absence of diversity in how people actually think.”

A study published in The Georgetown Law Journal in 2005 analyzed 11 years of federal campaign contributions by professors at the top 21 law schools as ranked by U.S. News & World Report. Almost a third of these law professors contributed to campaigns. Of those who gave $200 or more, the study found, 81 percent gave wholly or mostly to Democrats, while 15 percent gave wholly or mostly to Republicans.

The percentages of professors contributing to Democrats were even more lopsided at some of the most prestigious schools: 91 percent at Harvard, 92 at Yale, 94 at Stanford. At the University of Iowa, it was 78 percent. Political affiliations and contributions are, of course, an imperfect proxy for ideology, and political beliefs may in any event have no effect on scholarship and classroom teaching.

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