Investigating possible bias: The American legal academy's view of religiously affiliated law schools

Journal of Legal Education

Volumn 54, Issue 1, 2004, Pages 136-155

  Stewart, Monte N ^a   Tolley, H Dennis ^a  

^a BRIGHAM YOUNG UNIVERSITY   (United States)

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EID: 3042805288     PISSN: 00222208     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (72)

1. The American Heritage Dictionary of the English Language, 4th ed., 181 (Boston, 2000).
2. Rex E. Lee, Today's Religious Law School: Challenges and Opportunities, 70 Marq. L. Rev. 255, 255 (1995).
3. For most of the arguments and citations on both sides of the quarrel, see Russell Korobkin, In Praise of Law School Rankings: Solutions to Coordination and Collective Action Problems, 77 Tex. L. Rev. 403 (1998); see also Richard Schmalbeck, The Durability of Law School Reputation, 48 J. Legal Educ. 568 (1998); Brian Leiter, Ranking of Law Faculty Quality for 2003-04, at 〈http://www.utexas.edu/law/faculty/bleiter/rankings〉 (last visited Dec. 3, 2003).
4. For most of the arguments and citations on both sides of the quarrel, see Russell Korobkin, In Praise of Law School Rankings: Solutions to Coordination and Collective Action Problems, 77 Tex. L. Rev. 403 (1998); see also Richard Schmalbeck, The Durability of Law School Reputation, 48 J. Legal Educ. 568 (1998); Brian Leiter, Ranking of Law Faculty Quality for 2003-04, at 〈http://www.utexas.edu/law/faculty/bleiter/rankings〉 (last visited Dec. 3, 2003).
5. For most of the arguments and citations on both sides of the quarrel, see Russell Korobkin, In Praise of Law School Rankings: Solutions to Coordination and Collective Action Problems, 77 Tex. L. Rev. 403 (1998); see also Richard Schmalbeck, The Durability of Law School Reputation, 48 J. Legal Educ. 568 (1998); Brian Leiter, Ranking of Law Faculty Quality for 2003-04, at 〈http://www.utexas.edu/law/faculty/bleiter/rankings〉 (last visited Dec. 3, 2003).
6. America's Best Graduate Schools: Law, U.S. News & World Rep., Mar. 19, 1990, at 59-62. (Hereafter, the magazine's reports of the annual ranking are cited by reference only to the date of publication; for example, the 1999 report is cited as "Mar. 29, 1999, at [page number].")
7. Id. at 49.
8. The reports of the annual ranking appeared in the following issues: Mar. 19, 1990, at 59; Apr. 29, 1991, at 74; Mar. 23, 1992, at 78; Mar. 22, 1993, at 62; Mar. 21, 1994, at 72; Mar. 20, 1995, at 84; Mar. 18, 1996, at 82; Mar. 10, 1997, at 76; Mar. 2, 1998, at 78; Mar. 29, 1999, at 94; Apr. 10, 2000, at 73; Apr. 9, 2001, at 78; Apr. 15, 2002, at 64; Apr. 14, 2003, at 70.
9. Mar. 20, 1995, at 85.
10. Mar. 10, 1997, at 77.
11. Blank reputational survey forms are on file with Monte Stewart.
12. Mar. 2, 1998, at 80.
13. The magazine did not publish the reasons for this change; we suspect it made the change only for the purpose of simplifying its survey methods.
14. We note another aspect of the U.S. News rankings - the magazine's use of "tiers" - but for the sole purpose of clarifying that our analysis engaged the entire set of law schools only; we did not apply our analysis to separate tiers because of the relatively small number of religiously affiliated law schools in each tier, with the resulting decrease in the ability to detect true differences. In 1990 and 1991 the magazine reported only the "top 25." Beginning in 1992, it published the top 25 and the "best of the rest" (or, sometimes, "all of the rest"). It divided "all of the rest" schools into four groups, initially called "quartiles" but later "tiers." Unlike the "top 25," which listed the schools by ranking, each tier listed its schools alphabetically but did give for each school the same numerical information provided for the schools in the top 25. Beginning in 1998, U.S. News expanded the top 25 to 50 schools, called that group "the top schools," and divided the remaining schools into three - not four - tiers.
15. Our methods, data, and in-depth statistical analyses can be found at 〈http://statweb.byu.edu/tolley/usnews〉
16. The First Conference of Religiously Affiliated Law Schools: An Overview, 78 Marq. L. Rev. 247, 247 (1995).
17. Erastian and Sectarian Arguments in Religiously Affiliated American Law Schools, 45 Stan. L. Rev. 1859, 1864 n.18 (1993).
18. The 1999 survey expressly excluded three schools in Puerto Rico (Catholic University, Inter-America University, and the University of Puerto Rico), the University of the District of Columbia, Chapman University, and Western State University. Mar. 29, 1999, at 99. The magazine excluded two more school in the 2000 survey, Thomas Jefferson School of Law and Florida Coastal School of Law. Apr. 10, 2000, at 77. Ave Maria Law School graduated its first class in 2003 and has not yet been included in the magazine's rankings.
19. The government enters the data into the "Integrated Post-secondary Education Data System." IPEDS, as it is commonly known, can be accessed at the National Center for Educational Statistics Web site, at 〈http://www. nces.ed.gov〉, but sorting by such categories as "religiously affiliated" can be a daunting task. Fortunately, we had access to the "Scholarstat libraries" software put out by Management Dynamics; it performs just that kind of sorting.
20. We apologize to any who might take offense because of what they perceive to be an error of inclusion or exclusion.
21. Other U.S. News data on the 44 - including the order in which they appear in the 1999 rankings, the ratings of the academics and the practitioners for each year 1999 through 2002, and the average discrepancy for that period - appear online at 〈http://statweb.byu.edu/tolley/usnews/data〉.
22. There are, of course, some religiously affiliated law schools for which the pattern is reversed (that is, there is a positive discrepancy), but the academics' systematic underrating of religiously affiliated law schools is persistent enough to be deemed statistically significant by our procedures.
23. David M. Smolin, A House Divided? Anabaptist and Lutheran Perspectives on the Sword, 47 J. Legal Educ. 28, 38 (1997).
24. E.g., Mary A. Meyer & Jane M. Booker, Eliciting and Analyzing Expert Judgment (Philadelphia, 2001).
25. A copy of the instrument may be found online at 〈http://statweb.byu. edu/tolley/usnews/instrument〉.
26. We first standardized the three respondents' scores, then tested for correlation, that is, the extent to which the respondents' assessments agreed. The correlation ranged from 23 to 68 percent for question 1, and between 80 and 98 percent for questions 2 and 3. Consequently, we used only questions 2 and 3 in constructing the index. The "conservatism" index is constructed as follows. For each religiously affiliated law school, the average response to question 2 is divided by 100; the dividend is then multiplied by the average response to question 3 divided by 100.
27. The third column, p-value, is a measure of significance of the covariate. The fourth column is a measure of statistical significance between the ratings of the religiously affiliated law schools and the secular law schools after the effect of the covariate has been adjusted out.
28. Our statistical analysis properly is based on the data relative to the entire group of 44 religiously affiliated law schools. Whether an anecdotal approach also has merit is always subject to argument. Nevertheless, we note one example that has intrigued us, one focusing on the Evangelical Lutherans' Capital University law school and the Missouri Synod Lutherans' Valparaiso University law school. As is evident from a review of church literature, the Evangelical Lutheran tradition is substantially less "conservative" on contemporary cultural/moral issues than the Missouri Synod Lutheran tradition. Compare The Lutheran Church - Missouri Synod, What Is the Missouri Synod's View of Abortion? at 〈http://www.lcms.org/cic/abortion.html〉 (last visited Dec. 3, 2003) and The Lutheran Church - Missouri Synod, What Is the Missouri Synod's Response to Homosexuality? at 〈http://www.lcms.org/cic/homosex. html〉 (last visited.Dec. 3, 2003) with The Evangelical Lutheran Church in America, A Social Statement on Abortion, at 〈http://www.elca.org/dcs/ abortion.html〉 (last visited Dec. 3, 2003) and The Evangelical Lutheran Church in America, Sexuality: Some Common Convictions, at 〈http://www.elca. org/dcs/sexuality.html〉 (last visited Dec. 3, 2003). See generally The Evangelical Lutheran Church in America, What Are the Differences Between the Evangelical Lutheran Church in America (ELCA) and the Lutheran Church - Missouri Synod (LCMS)? at 〈http://www.elca.org/co/faq/elcalcms.html〉 (last visited Dec. 3, 2003). Against this backdrop, we note that, over the same five years of the U.S. News ranking, Capital enjoyed virtually no negative discrepancy (-0.08) while Valparaiso had an average negative discrepancy of-0.44, more than five times greater. (In the Lindgren study of faculty publication rates, see infra nn. 28-34 and accompanying text, both schools ranked near the bottom and Capital ranked only very slightly ahead of Valparaiso.)
29. Letter from Thomas D. Morgan to Monte Stewart (Apr. 24, 2000) (on file with Stewart).
30. 71 Chi.-Kent L. Rev. 781 (1996).
31. Id. at 793, tbl. 4.
32. On file with Monte Stewart.
33. In Lindgren's work, both rank and the number of articles per faculty member order the law schools in exactly the same manner; but the rank gives an equal spacing of these law schools while the average number of articles per faculty member gives a relative numerical scale. For example, under the rank approach, Virginia (ranked 11) and Northwestern (12) are the same distance apart as Chicago (1) and Yale (2). Yet when average number of articles per faculty member is used as a covariate, the difference between Virginia (0.89) and Northwestern (0.88) is 0.01; by contrast, the difference between Chicago (2.5) and Yale (1.22) is 1.18.
34. Specific data on the faculty publication covariate of "average number of articles per faculty member per year" appear online at 〈http://statweb.byu.edu/tolley/usnews/data〉.
35. Statistical significance of the covariate effect is measured by the reported p-value in Table 4. P-values greater than 0.05 (the approximate equivalent of two standard deviations) tend to indicate that there is no statistically significant covariate effect. In our case, p-values greater than 0.05 would suggest that academics and practitioners, in making their respective assessments, value faculty publication rates the same.
36. Lindgren & Seltzer, supra note 28, at 785 n.15 ("[E]ach of nearly one thousand individual publishers in this study published more in top 10 journals than the Boston College faculty combined. B.C. did, however, have a good football team, which seems to carry a lot of weight with the U.S. News & World Report voters. The University of Notre Dame is also a perennial top 30 school in U.S. News, though it here ranks 61st in faculty productivity."); Letter from Thomas D. Morgan to Monte Stewart, supra note 27.
37. Lindgren & Seltzer, supra note 28, at 785 n.15 ("[E]ach of nearly one thousand individual publishers in this study published more in top 10 journals than the Boston College faculty combined. B.C. did, however, have a good football team, which seems to carry a lot of weight with the U.S. News & World Report voters. The University of Notre Dame is also a perennial top 30 school in U.S. News, though it here ranks 61st in faculty productivity."); Letter from Thomas D. Morgan to Monte Stewart, supra note 27.
38. We say "somewhat" because available data suggest that the respective religious traditions are not substantially equally represented inside the American legal academy and out; surveys of members of the larger academy indicate that American academics appear to have a substantially lower level of religious belief, practice, and affiliation than do Americans generally. See, e.g., Fred Thalheimer, Religiosity and Secularization in the Academic Professions, 46 Soc. of Educ. 183, 184 (1973) ("[T] here is strong evidence... that adherence to traditional religious beliefs and practices is considerably less widespread among academicians than among the general population. The conclusion is substantially unchanged when the comparison is limited to that segment of the general population which is educationally and occupationally most similar to academicians, i.e., college graduates and professionals.") This finding appears to have been true as early as the 1920s and remains true currently. George M. Marsden, The Soul of the American University: From Protestant Establishment to Established Nonbelief 320, 440 (Oxford, 1994).
39. We say "somewhat" because available data suggest that the respective religious traditions are not substantially equally represented inside the American legal academy and out; surveys of members of the larger academy indicate that American academics appear to have a substantially lower level of religious belief, practice, and affiliation than do Americans generally. See, e.g., Fred Thalheimer, Religiosity and Secularization in the Academic Professions, 46 Soc. of Educ. 183, 184 (1973) ("[T] here is strong evidence... that adherence to traditional religious beliefs and practices is considerably less widespread among academicians than among the general population. The conclusion is substantially unchanged when the comparison is limited to that segment of the general population which is educationally and occupationally most similar to academicians, i.e., college graduates and professionals.") This finding appears to have been true as early as the 1920s and remains true currently. George M. Marsden, The Soul of the American University: From Protestant Establishment to Established Nonbelief 320, 440 (Oxford, 1994).
40. In our view, that similarity of professional training between academics and practitioners does not likewise undercut our personal conclusion regarding a significant and temporally persistent bias held by the American legal academy against "conservative" religiously affiliated law schools. That is because, as explained later in the text, the analysis of the "conservatism" index suggests a reflective, discriminating approach to assessments, an approach quite different from the reflexive approach suggested by the "irrational loyalty" explanation. A reflective, discriminating approach is much more consistent with the nature of American legal education than is a reflexive approach. We believe the significant differences in outcomes between academics and practitioners are the result of differences in fundamental premises.
41. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
42. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
43. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
44. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
45. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
46. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
47. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
48. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
49. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
50. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
51. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
52. E.g., Nicholas P. Cafardi, Catholic Law Schools and Ex Corde Ecclesiae, or What Makes a Law School Catholic? 33 U. Toi. L. Rev. 7 (2001); John J. Fitzgerald, Student Note, Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Identity? 15 Notre Dame J.L. Ethics & Pub. Pol'y 245 (2001); Lee, supranote 2; Robert A. Destro, ABA and AALS Accreditation: What's "Religious Diversity" Got to Do with It? 78 Marq. L. Rev. 427 (1995); Lynn R. Buzzard, A Christian Law School: Images and Vision, 78 Marq. L. Rev. 267 (1995); Lynn R. Buzzard, Religiously Affiliated Law Schools: Macro-Dynamics in Contemporary Culture, 78 Marq. L. Rev. 283 (1995); Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995); John T. Noonan Jr., A Catholic Law School, 67 Notre Dame L. Rev. 1037 (1992); Steven M. Barkan, Jesuit Legal Education: Focusing the Vision, 74 Marq. L. Rev. 99 (1990); Rex E. Lee, The Role of the Religious Law School, 30 Vill. L. Rev. 1175 (1985). Thomas L. Shaffer has engaged over a number of years in a (to use his phrase) "project on religiously affiliated law schools." For a listing of his publications arising from that project through 1995, see Thomas L. Shaffer, Why Does the Church Have Law Schools? 78 Marq. L. Rev. 401, 401 n.1 (1995). Also extremely helpful is the bibliography set out in William J. Wagner & Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marq. L. Rev. 507 (1995).
53. Rex E. Lee, founding dean of Brigham Young University's law school, apparently grew impatient waiting for someone to publish the negative position so that he could rebut it; he himself made and then rebutted the negative position in 1995, not long before his death. Lee, supra note 2, at 255-57.
54. E.g., Lee, supra note 2, at 255 ("In the view of many legal educators, the effect of religious influence on the quality of legal education is negative."); Douglas Laycock, Academic Freedom, Religious Commitment, and Religious Integrity, 78 Marq. L. Rev. 297, 306-07 (1995) ("[The academy's] fear of religion contrasts sharply with how the secular academic community treats other intellectual movements. . . . The academy's extraordinary intellectual pluralism does not reach to religious perspectives."); Robert F. Cochran Jr., Christian Perspectives on Law and Legal Scholarship, 47 J. Legal Educ. 1, 12 (1997) ("Currently, there is little explicitly Christian analysis of legal issues. Part of that may be an unwarranted prejudice against Christian viewpoints in the academy.").
55. E.g., Lee, supra note 2, at 255 ("In the view of many legal educators, the effect of religious influence on the quality of legal education is negative."); Douglas Laycock, Academic Freedom, Religious Commitment, and Religious Integrity, 78 Marq. L. Rev. 297, 306-07 (1995) ("[The academy's] fear of religion contrasts sharply with how the secular academic community treats other intellectual movements. . . . The academy's extraordinary intellectual pluralism does not reach to religious perspectives."); Robert F. Cochran Jr., Christian Perspectives on Law and Legal Scholarship, 47 J. Legal Educ. 1, 12 (1997) ("Currently, there is little explicitly Christian analysis of legal issues. Part of that may be an unwarranted prejudice against Christian viewpoints in the academy.").
56. E.g., Lee, supra note 2, at 255 ("In the view of many legal educators, the effect of religious influence on the quality of legal education is negative."); Douglas Laycock, Academic Freedom, Religious Commitment, and Religious Integrity, 78 Marq. L. Rev. 297, 306-07 (1995) ("[The academy's] fear of religion contrasts sharply with how the secular academic community treats other intellectual movements. . . . The academy's extraordinary intellectual pluralism does not reach to religious perspectives."); Robert F. Cochran Jr., Christian Perspectives on Law and Legal Scholarship, 47 J. Legal Educ. 1, 12 (1997) ("Currently, there is little explicitly Christian analysis of legal issues. Part of that may be an unwarranted prejudice against Christian viewpoints in the academy.").
57. Smolin, supra note 21, at 38.
58. A recent and very good summary of the role of ABA accreditation and AALS membership practices on religiously law schools is found in Cafardi, supra note 37, at 11-13. An older but thorough treatment of the involvement of the ABA and the AALS in religiously affiliated law schools is Destro, supra note 37.
59. A recent and very good summary of the role of ABA accreditation and AALS membership practices on religiously law schools is found in Cafardi, supra note 37, at 11-13. An older but thorough treatment of the involvement of the ABA and the AALS in religiously affiliated law schools is Destro, supra note 37.
60. The proceedings are reported in 78 Marq. L. Rev. 247-546 (1995).
61. Steven R. Smith, Accreditation and Religiously Affiliated Law Schools, 78 Marq. L. Rev. 361 (1995); James P. White, Religiously Affiliated Law Schools: Their Role in American Legal Education, 78 Marq. L. Rev. 371 (1995); Carl C. Monk, Remarks Delivered at the Conference of Religiously Affiliated Law Schools, 78 Marq. L. Rev. 377 (1995).
62. Steven R. Smith, Accreditation and Religiously Affiliated Law Schools, 78 Marq. L. Rev. 361 (1995); James P. White, Religiously Affiliated Law Schools: Their Role in American Legal Education, 78 Marq. L. Rev. 371 (1995); Carl C. Monk, Remarks Delivered at the Conference of Religiously Affiliated Law Schools, 78 Marq. L. Rev. 377 (1995).
63. Steven R. Smith, Accreditation and Religiously Affiliated Law Schools, 78 Marq. L. Rev. 361 (1995); James P. White, Religiously Affiliated Law Schools: Their Role in American Legal Education, 78 Marq. L. Rev. 371 (1995); Carl C. Monk, Remarks Delivered at the Conference of Religiously Affiliated Law Schools, 78 Marq. L. Rev. 377 (1995).
64. Smith, supra note 43, at 361 ("Put simply, my conclusion is that the accreditation rules and regulations of the Association of American Law Schools (AALS) and the American Bar Association (ABA) probably are not the primary cause of the problems [of religiously affiliated law schools], or even a major contributor to the problems.").
65. United States v. American Bar Ass'n, 934 F. Supp. 435 (D.D.C. 1996); see United States v. American Bar Ass'n, 135 F. Supp.2d 28 (D.D.C. 2001).
66. United States v. American Bar Ass'n, 934 F. Supp. at 437.
67. This assumes that the academics' rate of response to the U.S. News annual survey is the same for those employed by secular schools and for those employed by religiously affiliated schools. We have not yet secured from the magazine data to test that assumption.
68. We believe the magazine has the data to measure the difference between academics in the two subgroups and could do so without compromising the anonymity of the individual academic respondents.
69. Such as: do the academics (secular and religious) know something about the deficiencies of religiously affiliated (and, especially, "conservative") law schools that the rest of the world does not know, and, if so, what is it? Or is this yet another example of the well-documented phenomenon of a disfavored minority incorporating into its self-perception the majority's negative view(s) of that minority. See, e.g., Gordon W. Allport, The Nature of Prejudice, (25th Anniversary Ed.) 150-52 (Reading, Mass., 1979). To what extent is such a homogeneity of views across the faculties at all law schools a result of the fact that most law professors received their legal education at just a handful of elite law schools? See Leiter, supra note 3; Where Tenure-Track Faculty Went to Law School, at 〈http://www.utexas.edu/ law/faculty/bleiter/rankings02/tenure.html〉 (last visited Dec. 3, 2003).
70. Such as: do the academics (secular and religious) know something about the deficiencies of religiously affiliated (and, especially, "conservative") law schools that the rest of the world does not know, and, if so, what is it? Or is this yet another example of the well-documented phenomenon of a disfavored minority incorporating into its self-perception the majority's negative view(s) of that minority. See, e.g., Gordon W. Allport, The Nature of Prejudice, (25th Anniversary Ed.) 150-52 (Reading, Mass., 1979). To what extent is such a homogeneity of views across the faculties at all law schools a result of the fact that most law professors received their legal education at just a handful of elite law schools? See Leiter, supra note 3; Where Tenure-Track Faculty Went to Law School, at 〈http://www.utexas.edu/ law/faculty/bleiter/rankings02/tenure.html〉 (last visited Dec. 3, 2003).
71. Such as: do the academics (secular and religious) know something about the deficiencies of religiously affiliated (and, especially, "conservative") law schools that the rest of the world does not know, and, if so, what is it? Or is this yet another example of the well-documented phenomenon of a disfavored minority incorporating into its self-perception the majority's negative view(s) of that minority. See, e.g., Gordon W. Allport, The Nature of Prejudice, (25th Anniversary Ed.) 150-52 (Reading, Mass., 1979). To what extent is such a homogeneity of views across the faculties at all law schools a result of the fact that most law professors received their legal education at just a handful of elite law schools? See Leiter, supra note 3; Where Tenure-Track Faculty Went to Law School, at 〈http://www.utexas.edu/ law/faculty/bleiter/rankings02/tenure.html〉 (last visited Dec. 3, 2003).
72. At first consideration, one may be inclined to adjust the score of the academics to be the same as that of the judges/lawyers for the religiously affiliated schools. This is tantamount to saying there is no information in the ratings of the academics regarding the religiously affiliated schools. This is not true. Even accepting the argument that bias exists does not negate the information provided by the academics regarding reputation. The procedure used here attempts to retain that information while removing the differentials in scoring that apparently are due to religious affiliation and perceived "conservatism."