I am not sure how we (I mean so many schools that have also dug this hole) got here. It’s way too easy to attribute it entirely to selective appointments committees. I just have not seen a concerted effort to exclude those with a different point of view. Then again, I have seen no effort to seek these people out nor any evidence of widespread believe that ideological diversity is a good thing.
I do not know the answer, but here are some possibilities:
1. Choir people are found in the AALS sheets in higher numbers than lefties, conservatives and libertarians.
2. There is some conscious and unconscious filtering of intellectuals with ideas that are contrary to those in control. These people are threatening.
3. Many areas of specialization only attract choir people. For example, is anyone with the view (not one I have) that a few zillion species are extinct and we have not noticed the difference likely to be attracted to environmental law? (On this read Julian Barnes’ The History of the World in Ten and a Half Chapters, where we learn what many of us had expected all along: that there were two Arks and one was lost in the flood and, for the most part, no one has given it a second thought.)
Maybe you disagree with my premise. That’s fine. This is one case where I want to be wrong. But if you agree, what is your explanation? What accounts of a lack of interest in ideological diversity? I think MoneyLaw rules require this type of diversity.