September 17, 2007

In Abrupt Reversal, Erwin Chemerinsky to Become Law Dean at UC-Irvine

The University of California at Irvine is hiring Erwin Chemerinsky as its law dean after all. In a news conference that is still going on, the university’s chancellor, Michael V. Drake, is announcing that Mr. Chemerinsky, a professor at Duke University, will become the law school’s inaugural dean, less than a week after Dr. Drake drew an avalanche of criticism for at first offering Mr. Chemerinsky the job, then withdrawing the offer because he was “too politically controversial” — which many critics viewed as code words for “too liberal.”

Since word of the hiring controversy broke last Wednesday, Irvine has had to deal with questions about whether conservative activists or the chief donor for the new law school had tried to sink the appointment. Critics wondered if any high-caliber candidate would want the job if it had been tarnished by what they characterized as an attack on academic freedom. The episode played into the image of Orange County, Calif., where Irvine is located, as a bastion of conservativism that is every bit as politically correct as, say, a liberal bastion near Boston.

Over the weekend, as the university responded to the public-relations fiasco, rumors circulated that Irvine was rethinking the decision to withdraw the hire.

In a joint statement issued by Dr. Drake and Mr. Chemerinsky before the press conference, they said the appointment, which still faces approval by the University of California’s Board of Regents, had been founded on the “bedrock principle of academic freedom.” They also vowed to “put recent events behind us.” —Andrew Mytelka

Comments

1. I’m impressed — they used “bastion” and “Boston” in the same sentence.

   — Mike Rishell    Sep 17, 03:31 PM    #

2. Hmmm…. does this really address their problem? What will future hires think? The proof will still be in the pudding.

   — Eric Kristensen    Sep 17, 03:58 PM    #

3. Mr. Chemerinsky wasn’t fired because he was liberal or controversial, it was because he is impulsively opinionated and loves the public forum. All well and good for a professor; very bad for a law school dean, and anyone who doesn’t understand that does not understand what it means to be a dean. Chemerinsky did not understand this and called Drake’s bluff. Chemerinsky lost. Humbled, he has been given a second chance. Kudos to Dr. Drake, always the brilliant instructor, finding a way to teach stubborn students.

   — marci    Sep 17, 04:16 PM    #

4. Quite irresponsible when appoint decisions are based on “politics” rather than “credentials”.

   — Solomon Smith    Sep 17, 04:21 PM    #

5. It is incredibly naive to think that appointment decisions are every solely based on credentials rather than politics…

   — joshua j. kurz    Sep 17, 04:37 PM    #

6. In re Marci’s comment, if Chemerinsky is so “impulsively opinionated,” why did Drake, that “brilliant instructor,” hire him in the first place? What I can’t figure out is why Chemerinsky was willing to save Drake from himself rather than telling him to go jump in the Pacific.

   — BET    Sep 17, 04:53 PM    #

7. BET – that’s exactly my question. If his politics were such a problem, isn’t that something you discuss with the hiring committee BEFORE you hire someone?

   He probably needs to keep an eye out for another position for next year, because someone will very likely be looking for a reason to get rid of him.

   — Carlo    Sep 17, 05:11 PM    #

8. This fiasco really show what type of chancellor Drake is. One that can be bought and influenced by big money and big politics.

   — SamIam    Sep 17, 05:16 PM    #

9. Re: #2 above, the correct wording is “the proof of the pudding is in the tasting.”

   — Peter    Sep 17, 05:17 PM    #

10. Marci, you must be reading a different set of chronicles of events than I am seeing. How, exactly, did Dr. Chemerinsky call Dr. Drake’s bluff? As I understand it, he was hired, with the agreement that the hired faculty would be a diverse lot, and thought everything was fine until Dr. Drake called him to un-hire him. His only ‘obstrperous’ move was not to be silent about the rationale. And if Dr. Drake thought that his behavior was that out of line, he wouldn’t have rehired him at any cost. No, sorry, I think your interpretation might be a bit skewed.

    — Robert    Sep 17, 05:18 PM    #

11. Sounds similar to what Chemerinsky did to UNC’s law school. Karma’s a bitch. This guy just doesn’t do well in the offer phase.

    — Jay    Sep 17, 06:28 PM    #

12. I believe it is “the proof of the pudding is in the eating.” (Not tasting.) It’s from Cervantes.

    — Michael Gartner    Sep 17, 07:08 PM    #

13. Drake knows what is correct. I’m not saying this as a former PhD student but as one who cares deeply for UCIrvine. Go Eaters!!

    — J.Abril    Sep 17, 08:10 PM    #

14. Damned hard to back down like this in public; congratulations to UCI for correcting a mistake in reversing an appointment once made. We’ll see if any other mistake was made in the years ahead.

    — michael scriven    Sep 17, 08:17 PM    #

15. Why did Chemerinsky now accept?
    I wonder if the differences – in salary, perks (retirement, housing, office, assistants, vacation), and job guarantee – between the two offers will ever be known.

    — richard    Sep 17, 09:55 PM    #

16. I’m a student at UCI and I’ve been impressed by Chancellor Drake in the past—things like enforcing respectful debate and allowing religious minority groups to protest on campus. My feeling is that, what with Irvine being the conservative town that it is, he came under a lot of pressure for hiring Chemerinsky and, being a fairly new chancellor, didn’t want to risk his job on this issue. As it turns out, it might’ve been better job security to have gone ahead with the offer…I am glad that he had the courage to admit his mistake, and I am also glad that Chemerinsky will be our new law school dean.

    — zustina    Sep 18, 04:39 AM    #

17. Very well put Zustina. My initial bias was that Erwin should be re-offered the position and that Chancellor Drake should step down. Now, I am ambivalent about Drake’s future. I am very pleased with the resolution to date.

    — Edward Trickey    Sep 18, 12:31 PM    #

18. In answer to the skeptical, many discussions led up to Chemerinsky’s hiring, one of them being a request for Chemerinsky to carefully consider his position before stepping into a controversy. Chemerinsky said ok, and was hired. Immediately, and with total disregard, he fired off an opinion piece and inserted himself in a legal issue where he not only took a very dubious stance, but also got his facts wrong. It was an impudent thumb in the eye of his employer-to-be, and Drake was embarrassed and deservedly pissed. Luckily for Chemerinsky, Dr. Drake is a forgiving person. I would be surprised to see any controversial columns from the Dean for some time to come.

    — marci    Sep 18, 02:21 PM    #

19. I wouldn’t. What would UC-Irvine do in such a circumstance? Fire Chemerinsky again and re-ignite the firestorm? As well as being a man with a justifiable grievance, the Dean, it seems to me, is now virtually untouchable. The Chancellor will probably live to regret his second U-turn as well as his first.

    — Gustave    Sep 19, 04:47 PM    #

20. Re Marci’s (18) allegation that Chemerinsky agreed to avoid controversy before he was offered the job, and then “immediately and with total disregard, he fire off an opinion piece” in which he took a “dubious stance”, and “got his facts wrong.” There’s nothing “dubious” about an argument against a six-month limitation on habeus petitions for death row inmates. What’s the fucking rush? And I don’t know what facts you think he got wrong, but you should check your own before you accuse others. Chemerinsky’s op-ed was published three weeks before he was offered the job. I’ve known Erwin since we roomed together as freshmen at Northwestern 35 years ago. “Impudent” is about as far off the mark as you can get in describing one of the most self-effacing individuals I’ve ever know. Drake embarrassed himself. Almost the entire legal academy, conservatives included, have supported Chemerinsky and roundly condemned Drake’s handling of the matter. Luckily for Drake, Chemerinsky is a forgiving person.

    — John Noble    Sep 20, 01:05 AM    #

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