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    A Bad Beginning in Irvine

    Ohanian comment:It seems amazing that the New York Times can run this editorial--without mentioning the elephant in the room, Donald Bren. But when one thinks about it, not amazing at all. The education editorial in the New York Times pretty consistently come down on the side of Big Business. Here, they shed a few crocodile tears without ever revealing the role played by a real estate mogul.

    New York Times

    A law school would be mighty fortunate to have Erwin Chemerinsky, a distinguished Duke Law School professor, as its dean. The University of California, Irvine, realized this when it asked him to head up its new law school. This week, however, it rescinded the offer, evidently because of his political views. It’s a disgraceful decision. The University of California system should admit its mistake and, with apologies, extend the offer again.

    Mr. Chemerinsky, a constitutional scholar and much-admired teacher, is one of the shining lights of legal academia. He has also taken his profession’s public service obligations seriously, working tirelessly for civil liberties. He argued in the Supreme Court against the constitutionality of California’s “three strikes and you’re out” law and agreed to represent Valerie Plame Wilson, the C.I.A. operative exposed by the Bush administration.

    His record made him an ideal choice to run the law school that U.C.-Irvine plans to open in 2009. Chancellor Michael Drake offered him the job, and Mr. Chemerinsky signed a contract. But the job was withdrawn this week. Mr. Chemerinsky says that Mr. Drake told him he was “too politically controversial” for the appointment, which still had to be confirmed by the California regents. Mr. Drake does not dispute those words, but he insisted “it was no one thing” that led him to withdraw the job, and said vaguely that he doubted he and Mr. Chemerinsky could work toward a common goal.

    Applying an ideological litmus test for academic appointments is offensive. Good deans also understand their institutional responsibilities. At Harvard Law School, Elena Kagan, a former Clinton administration lawyer, has been embraced by both liberals and conservatives for her inclusive management style. Professor Chemerinsky made clear that he intended to create a law school that was neither liberal nor conservative, and he had already recruited prominent conservatives to serve on its advisory board.

    Mr. Drake insisted that he made the decision himself, with no outside pressure. But his “too politically controversial” comment suggests otherwise.

    If the U.C.-Irvine law school proceeds without Mr. Chemerinsky, it will open under a cloud. Law professors and students should be wary of signing on with a school founded in a spirit of intellectual intolerance. Just as unfortunate, we will never get to see the law school that the talented Professor Chemerinsky would have created.

    — Editorial
    New York Times
    2007-09-14


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