As has been widely reported, on Aug. 16 I was asked to be the founding dean of the new law school at the University of California at Irvine. After a couple of weeks of negotiations, I formally accepted the position and signed a contract on Sept. 4. It always was understood that the job was contingent on approval of the University of California Board of Regents, and it was to be on the agenda for the regents' meetings on Sept. 18-20. I was tremendously excited about the possibility of being part of starting a new law school at an excellent university.
On Tuesday, Sept. 11 [note: before the regent's meeting], however, the chancellor at UC Irvine, Michael V. Drake, withdrew the offer. He told me that I had proved to be "too politically controversial." Those, by the way, were the exact words that he said I could use to describe the reason for the decision. He told me that he had not expected the extent of opposition that would develop.Later, he adds:
Chancellor Drake initially asked that I simply say that we had mutually agreed to end my prospective deanship. I refused and said that all I wanted was that the truth be told. We live in such ideologically polarized times. It is important for those on both sides of the ideological spectrum to realize that their common commitment to academic freedom is far more important than blocking a particular faculty or dean candidate based on ideology.What now? I have enormous fondness for the many wonderful people I met at UC Irvine, and I hope they find a terrific dean and create a great law school -- a school that, like all schools, should be committed to a rich diversity of ideas and views.And Chancellor Michael Drake still denies that political ideology had anything to do with his decision.
In his op-ed piece, Chemerinsky asks people to stop with the McCarthy comparisons (guilty!) because he hasn't lost his job at Duke, "and [he] can continue to teach and write and handle legal appeals, as [he has] for the last 28 years."
But, ah, wait!
The L A Times says that Irvine is in the process of rehiring Chemerinsky. So, if he's re-offered the position of dean, should he take it?
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