Erwin Chemerinsky Hired-and-Fired As UCI Law School Dean
Posted by: Jubal | 09/12/2007 3:44 PM
H/T to Marla Fisher of the OC Register for hipping us to her story via a well-placed comment:
IRVINE – UC Irvine officials hired and then promptly fired the founding dean for their fledgling law school, because he was "too controversial," according to Erwin Chemerinsky, the Duke University law professor who had already signed a contract to take the job.
UCI Chancellor Michael Drake flew to Raleigh, N.C., on Tuesday to personally withdraw the job offer, which would have required approval by the University of California Board of Regents before it was final.Chemerinsky said he picked Drake up in his car from the airport, and was told in the car the offer was being rescinded. The rest of the conversation took place in a hotel lobby near the airport.
"He said significant opposition had developed against me. He said he didn't realize how much conservatives would be out to get me," Chemerinsky said. "He told me he felt it would be a bloody fight at the Board of Regents, and, even if I was confirmed, the fight would do damage to the law school."You can read the rest of the story here.
I'd heard some rumbling on the Right when word got out about Chemerinsky possible getting the dean's post, but only briefly and then didn't give it any further thought. I didn't take seriously the possibility UCI could be dissuaded from hiring Chermerinsky.
But it was certainly foolish for UCI to rescind its offer to Chermerinsky. I hate seeing qualified conservative judicial nominees mau-maued by the Left. UCI thought Chemerinsky qualified and conservative legal scholar and Chapman Law School Dean John Eastman concurs.
I understand Drake's concern about Chemerinsky's leftism provoking a confirmation fight at the Board of Regents or making it difficult for Chemerinsky to reach out and build a major new law school in conservative Orange County. However, he should have thought of that ahead of time.
But it's no secret Chemerinsky is a high-profile left-winger, and that would likely make his job as founding dean more difficult in terms of development. But that concern should have been acted on before extending an offer to Chermerinsky.
Once extended, UCI should have stuck by the job offer. Too bad.


Good lord what a black eye against UC Irvine. As an alumni (with a law degree, no less, from nearby Whittier Law School), I'm appalled at the naked political impulses behind firing such a well-known name.
How provincial.
DU
I'm sorry this happened, but looking at the bigger picture...we don't need anymore lawyers in the state.
Support your local Trial Lawyers Assoc.-
send your kid to medical school.
This makes the UCI folks look like absolute chumps who can't handle any pressure. Hey, everybody in the legal field and many in the political field knew Chemerinsky's background. Just like everyone knew Ken Star's when he got the Pepperdine job. If the UCI people thought he was going to be too controversial they never should have offered him the job.
There were many people who thought we didn't need a law school at UCI. It's starting to sound like maybe they were right.
Looks like the organ scandal continues at UCI. This time brain and mostly heart has been lost by Chancellor Drake.
UCI has just established a reputation that will take a long time to overcome. Why would enterprising and sharp students want to go to a law school that only sees one side of the world and one side to constitutional law?
Drake had kept the University out of the screw-ups that checkered its past until this. Poor UCI it will be tough to consider it a respectable school again.
"But it's no secret Chemerinsky is a high-profile left-winger, and that would likely make his job as founding dean more difficult in terms of development."
How do you figure?; college campuses and college students are traditionally more liberal and the county's political make up is far more diverse than you believe. If anything, Chemerinsky would be a serous draw for the school.
The bigger question: which conservatives were bringing the heat?
When I said "development" I wasn't referring to attracting applicants. I was talking more about reaching out to the OC business and legal community for fundraising, etc.
And "saying "likely" was overstating it. "Perhaps" is a better choice of words.
Either way, Chemerinsky should have been given the opportunity to succeed or fail once the job had been offered and accepted. UCI gave itself a big black eye by treating him so shabbily.
Over at TotalBuzz.com Jim Lacy is quoted at length on the Chemerinsky fiasco without once blaming the troubles on Diane Harkey.
He's loosing his touch.
John Eastman picked up a lot of points in my book. I always knew he was smart--even though I had some disagreements with him on con law--but tonight on Which Way LA he quite elegantly attacked the decision to can Erwin. It was left to the Dark Lord, Mike Schroeder, to represent the know nothing " He shouldn't have been offered the job and even if he was he still should have been fired" point of view. Schroeder's a member of the bar and should be ashamed of himself. This went way beyond politics the minute they withdrew the offer.
Jubal, I thought your post and comments were quite appropriate.
Fire Drake; Hire Erwin!!!
What so fries me about this whole episode is the milquetoast, week-kneed performance of this guy Michael Drake. "Worst day of my life!" Give me a break!!! I can just imagine his type of cautious bureaucrat liberal. In his (unconsciously elitist) mind, he probably thinks that conservatives can't distinguish between a Ward Churchill and an Erwin Chemerinsky, that they're all the same to right-wingers. Drake obviously doesn't understand the "conservative" point of view if he thinks that Erwin would have been a lightning rod for conservative criticism. When conservatives attack professors, they do so because the professors lack merit, because they are fakers and impostors, or because they try to indoctrinate with ideology, or because they attack and undermine the values of Western civilization. Chemerinksy, on the other hand, is a legtimate intellectual and brilliant scholar. Yes, he's liberal, confoundingly so, but that doesn't disqualify his obvious merit. He has a great legal mind -- and he's probably on the short list of future Democratic presidents for a seat on the Supreme Court. This is a tremendous loss for the law school. The only way out now is to can the chancellor and rescind the rescission of the job offer.
I read above that at least one person here is a UCI Alum. You want to protect your Alma Mater's honor, now's the time to rally the Alumni troops. One thing that a school, even a big U like a UC does do, is bow to Alumni pressure. Especially in numbers.
Drake made a very bad call here. This shouldn't blow over easily.
Since when has any liberal university (redundant, I know) given a damn about what conservatives think. Methinks something else is going on.