Brian T. Fitzpatrick (Vanderbilt), Diversifying the Academy:

I have been a member of the law faculty at Vanderbilt University for nearly twenty years. Even though my faculty has grown over that time, there are fewer conservatives now than when I joined. We are down to four—a mere ten percent or so of the tenure-track faculty—and two of the four are nearly 80. Remarkably, that probably makes us the most ideologically diverse department in the entire University.

Everywhere I turn, I hear university leaders saying we need more conservatives in academia. There is little doubt anymore that they are right: scholars need skeptics to point out research weaknesses; students need provocateurs to help them engage with unfamiliar ideas; we all need balanced academic studies to help us make good public policy. But what I do not hear from many of these leaders is how they are going to do it. I have been thinking about this for many years, and I have some bad news: it is going to be difficult. I canvass the possibilities below and propose massive external pressure as the most promising course. But, first, it may be illuminating to break the problem down into its components: supply and demand.

The Supply Problem. The supply problem is that very few conservatives want to go into academia. I don’t blame them. Conservatives are discriminated against at every level. At the bottom, I have seen my colleagues refuse to interview an amazing legal scholar for a job because he went to a very conservative undergraduate institution when he was 18 years old. … It’s not just my colleagues who discriminate. It’s the students, too. They can and do make anonymous accusations of racism or other ills against those who do not toe the progressive line. …

The Demand Problem. This is the bigger problem and also the harder to solve: no one gets hired unless a faculty in some department at the university votes to hire them. Even if university leaders want more conservatives—and I have my doubts—how can they get their faculties to vote for it? …

The Solution? In the end, I fear that to make real progress, we will have to change the hearts of existing university faculties. I don’t think we need to change their minds. … Below is a four-part plan, but the upshot is this: we need to gather data, remind faculties every day of every week of what the data says, and bring pressure to bear on them. University leaders could do all this, but they won’t because it will make their schools look bad. State legislators could do it for public schools, and they very well may. New higher education accreditation organizations might eventually pop up and do it for everyone else. But, in the meantime, outside organizations will be needed.

First, every single year, we should gather data on the ideological distribution of every faculty of every department in every school of every university. …

Second, this data needs to be publicized constantly throughout the year. …

Third, the data needs to be incorporated into college rankings. In my experience, there has been no single force in academia more powerful than U.S. News & World Report’s higher education rankings. They are even more powerful than billionaire donors, if you can believe it. …

Finally, donors, alumni, and parents need to be organized to express their concerns at every opportunity and to vote with their dollars and feet if they don’t see annual progress made in the data and in the rankings. …

Even all this, I admit, may not be enough. Many conservative academics believe their colleagues cannot be embarrassed, that their hearts cannot change. They might be right. But I am more optimistic. Even if some will never be moved, I believe most still can be. In my experience, there is still a reasonable middle within most faculties at most universities. But we may not have much of a choice. If we care about this, we need to try everything.

@btfitzpat is sad (and/or angry) that @vanderbiltlaw is down to “down to four [conservative faculty]—a mere ten percent or so of the tenure-track faculty—and two of the four are nearly 80.” I would kill for @UCLA_Law to have four conservative faculty. We’re down to one (me, if… https://t.co/mj1chbe6C4

— Steve Bainbridge (@PrawfBainbridge) March 20, 2026

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