Law Schools
Chemerinsky Controversy Heats Up
Posted Sep 13, 2007 6:24 PM CST
By Martha Neil
Outrage over a decision by the University of California's newest law school to hire as dean—and then fire, before he ever took office—a prominent academic it now reportedly deems too liberal is seemingly at white heat. However, easy to miss in this firestorm is a claim that this isn't what actually happened.
Both liberal compadres and conservative critics of Erwin Chemerinsky's academic philosophy were appalled by the renowned constitutional law scholar's brief UC Irvine appointment, according to a Wall Street Journal Law Blog round-up today.
Among the conservatives, Douglas Kmiec, a constitutional law professor at Pepperdine University in Malibu, wrote an op-ed column in the Los Angeles Times today, eulogizing Chemerinsky and excoriating the as-yet-unopened Irvine institution. It will now, he predicts, have difficulty attracting another dean of the same caliber and desired faculty.
As detailed in an earlier ABAJournal.com post, UC Irvine Chancellor Michael Drake reportedly told Chemerinsky (according to Chemerinsky himself) that UC regents think he is too liberal. In a statement today, however, Drake denies that. Chemerinsky, he writes, was "not the right fit," but this had nothing to do with the Duke University law professor's political views or the UC regents.
Discussions "convinced me we could not effectively partner to build a world-class law school at UC Irvine," Drake writes. The closest he came to offering a further explanation for this "management decision" is in one of his concluding paragraphs:
"Independent thinking and autonomy are essential qualities that we seek in our law school dean. As academic leaders in guiding roles, however, we must also strive for a level of objectivity and balance that will inspire open discussion and empower our students to be courageous in seeking the truth. And we must ensure that our broader goals are not overshadowed by issues, personalities and polarization," he writes.
Few of Drake's many critics seem to find this elusive explanation persuasive.
"For now, all we know is that the big loser in this isn't Erwin Chemerinsky," says a Los Angeles Times columnist. "For reasons that cry for explanation, the tag goes to Michael Drake and, incredibly, the reputation of a school that doesn't even open for two years."
- How B of A’s GC Got Fired: Leave Now, and Leave Your BlackBerry Behind
- Schools Ranked by 'Super Lawyers' Produced
- Law Firm Price Wars Break Out as Some Try ‘Loss Leader’ Bids for Work
- Five Questions for Law Firms Abandoning Lockstep Compensation
- Judge Jails 2 Attorneys for Contempt in 4 Days
- Reed Smith Will Ask Nonequity Partners to Pony Up Possibly 15% of Pay
- Court Deputy Ordered to Apologize or Face Jail After Taking Lawyer's Paperwork
- Skadden Jumps on the Bonus Bandwagon
- ABA Executive Director Resigns
- Nasty Attitude to Co-Worker, Naughty Word in E-Mail Cost 2 Their Jobs
Should Supreme Court Justices Be Able to Review News Accounts Before Publication?
Comments
Brian K.
Sep 14, 2007 10:12 AM CST
Erwin Chemerinsky was one of my law professors at Duke. I lean politically more to the right and knew that Prof. Chemerinsky’s views were very leftist. However, he never taught in a polarizing way and was not condemning of the more conservative view. He created a politically-neutral atmosphere. Because of this, I am appalled at the actions of the university of Cal. Irvine.
Flag this comment
Scott Rodgers
Sep 14, 2007 11:04 AM CST
I never had Erwin Chemerinsky as a professor—I attended other law schools—but through his works and his texts, he taught me Constitutional Law. He is broadly recognized as a leader in Constitutional Law. It is unfathomable that other institutions can take root from the religious right (Regent Univeristy) or even appoint Ken Starr as a teacher or steward, yet The Constitutional Law Legend, Chemerinsky, is somehow perceived as polarizing. (“Polarizing” to which potential contributors)? Let Irvine have Alberto Gonzalez instead; we will need Chemerinsky on the east coast for the next Supreme Court appointment.
Flag this comment
CJT
Sep 14, 2007 11:15 AM CST
I’ve always been disappointed at the lack of conservative professors in the top law schools. It’s nothing short of disgusting when the liberal elites get together and make tenure decisions based on who they agree with politically. However, for UC Irvine to turn around and do the same thing is nothing short of a slap in the face. At my school we have nearly 60 full time professors and less than 5 of them lean slightly rightward (only 1 or 2 openly so). Do people have a right to be mad at the actions of Drake? Probably, but most academics should take a long look at themselves first.
Flag this comment
Steve Hoffman
Sep 14, 2007 11:37 AM CST
Similar to Scott Rodgers above, I am attending a different law school (U of Minnesota) but Chemerinsky’s text is used in my Constitutional Law class and it has truly allowed me to derive a lot of pleasure from Con Law. I was not a Poly Sci major in undergrad so this has been my first true treatment of the Constitution and the Judiciary. Also, I did my undergrad in Irvine right down the street from UC Irvine at Concordia and my older brother actually attended UC Irvine (studying Poly Sci) so I know a lot more of the nuances than most people do about the city and culture of the area, not to mention the dynamics of the educational system there. This really is a very big shame for UC Irvine because it is currently a top-notch school with many research opportunities and a law school would bolster its reputation even more, especially if it was led by such a terrific legal practitioner and philosopher as Chemerinsky. Hopefully this mistake will be rectified or else it will be perpetuated to the detriment of future Southern California attorneys.
Flag this comment
Dianna Gould-Saltman
Sep 14, 2007 11:59 AM CST
As a UCI (undergrad) alum and an attorney, as well as a personal friend of Erwin, I was thrilled at the possibilities his appointment presented and devastated at the incredibly short-sighted actions of Chancellor Drake in revoking the (already accepted) offer. To their credit, it appears that a huge number of UCI faculty are imploring Chancellor Drake to reinstate the offer. If he does, and Erwin is willing to accept, the quality of faculty and students he will be able to draw to UCI will be incredible.
Flag this comment
William Huss
Sep 14, 2007 12:58 PM CST
UCI has suffered enormous blows recently to its stature as a first rank university because of conduct of some of its medical personnell.
These staggering ethical lapses are enough to permanently erode UCI’s attempts to build a university worthy of the UC system.
Now, to have its Chancellor himself commit a blatent, intentional, public, and shamefull ethical breach is going to permanently maim the university’s standing in the academic community.
Flag this comment
james rumbaugh
Sep 14, 2007 1:23 PM CST
Gee….....is there anywhere I can find the other side of this story or doesn’t that exist?
Flag this comment
Jenny L
Sep 14, 2007 1:30 PM CST
As a UCI alumnus and a former member of the ASUCI (UCI undergraduate student council), I seriously cannot believe what just transpired. While serving on the student council, we reviewed the law school proposal. At that time, we though adding a law school to the existing medical, business and other graduate programs were the natural expansion of UC Irvine. To have a legal scholar of such a stature—notwithstanding ideological orientation—is to demonstrate to the incoming students the seriousness of the law school. I’m a “progressive” law student attending a conservative law school in DC. Although there are times when I find class lecture and discussion suffocating and oppressive, most of the legal arguments made by conservative professors are persuasive and legally-sound. As my constitutional law professor/Catholic theologian once commented, irrespective of our ideological, political or theological leaning, we are expected to make good arguments. As a progressive law student, I would rather be taught by someone like Justice Scalia who makes irritatingly brilliant legal argument than some mediocre professors with political-pleasing orientation.
I noticed that there are several UCI alumni who commented on the blog, what do you think about getting together to write a sign-on letter to UC Irvine Chancellor Michael Drake and the Board of UC Regent?
Flag this comment
Joseph Peter Myers
Sep 14, 2007 3:06 PM CST
This has been an opportunity for true “Conservatives” to stand up for principles of free expression and academic independence. To their credit, and my amazement, many are doing so. The University Regents should think very seriously about whether Chancellor Drake should or should not be retained in his position. “Toady” ought not to be part of the job description.
Flag this comment
Add a Comment
We welcome your comments, but please adhere to our comment policy.
Commenting has expired on this post.