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CRIT-GEOG-FORUM  September 2007

CRIT-GEOG-FORUM September 2007

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Subject:

Re: Pluto Press under attack/Erwin Chemerinsky

From:

"Jeremy W. Crampton" <[log in to unmask]>

Reply-To:

Jeremy W. Crampton

Date:

Tue, 18 Sep 2007 07:50:14 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (376 lines)

Chemerinsky, at least, has had his offer reinstated.

http://insidehighered.com/news/2007/09/18/qt

"Erwin Chemerinsky, who was offered the job as the first law school dean at the University of California at Irvine and then saw the offer rescinded, has the offer back. Chemerinsky and Michael V. Drake, Irvine’s chancellor, issued a joint announcement Monday — after days of intense criticism of Drake for taking back the earlier offer. "

__
Jeremy W. Crampton
Editor, Cartographica
Associate Professor and Graduate Director, Geography
Department of Geosciences
PO Box 4105
Georgia State University
Atlanta
GA 30302
(404) 413-5771 <-- NOTE NEW NUMBER


----- Original Message ----- 
From: "D F J Wood" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, September 18, 2007 4:28 AM
Subject: Re: Pluto Press under attack/Erwin Chemerinsky


> Personally, I will defend this guy completely. Pluto is one of the true bastions of independent discussion and dissent. I will be doing what I can to support both author and press. 
> 
> BTW, Jon - it would have been rather better if you'd let Roger's letter speak for itself without your gloss - Pluto Press is in no way trying to link this to the boycott. Your framing of the issue is not very constructive if you are trying to encourage people to get behind Pluto and Chemerinsky, and your caricatures of the arguments about tactics around the boycott do you no favours. 
> 
> David.
> 
> 
> 
>>-----Original Message-----
>>From: A forum for critical and radical geographers 
>>[mailto:[log in to unmask]] On Behalf Of Jon Cloke
>>Sent: 18 September 2007 08:58
>>To: [log in to unmask]
>>Subject: Pluto Press under attack/Erwin Chemerinsky
>>
>>'Interesting times' in the Land of the Free.
>>
>>Still, not to worry, I'm absolutely *sure* that those hundreds 
>>of Academic-Freedom Fighters who were so eager to climb on the 
>>Dershowitz band-wagon at the mere thought of having to discuss 
>>an academic boycott of Israel, will be equally incensed at 
>>these insidious attacks on freedom of expression and academic 
>>freedom, and equally eager to join in the good fight....
>>
>>Jon Cloke
>>
>>
>>
>>"About three weeks ago Pluto books and the University of 
>>Michigan Press - our US distributor - came under attack by 
>>Stand With Us (a Zionist lobby
>>group) who were objecting to the publication of "Overcoming 
>>Zionism" by Joel Kovel which resulted in the book being 
>>withdrawn in the US. The vitriolic attack questioned the 
>>University's relationship with Pluto generally and denigrated 
>>"Overcoming Zionism."
>>
>>Since then the Executive Board of the University has 
>>considered the matter and issued a public statement. Joel's 
>>book has now been reinstated but they plan to review the 
>>ongoing relationship between Pluto and UMP in October.
>>
>>Pluto Press's importance & presence in the US is under threat.
>>
>>Joel is setting up a network to rally support for Pluto as we 
>>are determined to defend ourselves. We hope you will help and 
>>support our efforts in the US by writing to Joel and Kathy who 
>>are co-ordinating the campaign <[log in to unmask]> and 
>>[log in to unmask]
>>
>>If you have your own networks, please first go through Joel 
>>and Kathy, as they are co-ordinating the campaign
>>
>>In the meantime we intend to get the UK media to take notice 
>>of these events.
>>
>>warmly Roger
>>
>>Roger van Zwanenberg (Dr)
>>Chair & Commissioning  Editor
>>Pluto Press
>>Log on to the new Pluto Website:
>>www.plutobooks.com
>>
>>
>>
>>Chemerinsky and Academic Freedom / Chemerinsky, Cohn
>>
>>Erwin Chemerinsky: Dumped over an Op-Ed
>>
>>Erwin Chemerinsky, unhired as UC Irvine's founding law school 
>>dean, says his ordeal is a lesson in academic freedom.
>>
>>By Erwin Chemerinsky
>>
>>September 14, 2007
>>
>>http://www.latimes.com/news/opinion/la-oe-chemerinsky14sep14,0,
> 1499542.story?coll=la-opinion-rightrail
>>
>>After so many years of commenting on the news, it is strange 
>>to be the news. 
>>But, in a sense, this story isn't really about me, it's about 
>>academic freedom in our deeply polarized times.
>>
>>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, 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.
>>
>>What was it about my views that was too controversial? Only 
>>one example was
>>mentioned: an Op-Ed article I wrote on these pages criticizing 
>>a proposed regulation by then-Atty. Gen. Alberto R. Gonzales 
>>to shorten the time death row prisoners have to file their 
>>habeas corpus petitions. There are more than 275 individuals 
>>on death row in California without lawyers for their 
>>post-conviction proceedings. The effect of the new rule would 
>>be that many individuals, including innocent ones, would not 
>>get the chance to have their cases reviewed in federal court.
>>
>>The Op-Ed article was written and published before I was 
>>offered the position as dean. More important, the whole point 
>>of academic freedom is that professors -- and, yes, even deans 
>>-- should be able to speak out on important issues. It would 
>>never have occurred to me that arguing against a proposed 
>>federal regulation on behalf of those on death row would be 
>>deemed objectionable. On the ideological spectrum, it is not radical.
>>
>>Some people, in speaking to me, have compared this to 
>>McCarthyism, but in an important way that analogy is not apt. 
>>I did not lose my job. I am a tenured law professor at a 
>>terrific university, and I can continue to teach and write and 
>>handle legal appeals, as I have for the last 28 years. I have 
>>received nothing but support over this from my university 
>>president, provost, dean and colleagues. During the McCarthy 
>>era, some faculty members lost their jobs for what they wrote and said.
>>
>>A key lesson learned from those tragic times is that academic 
>>freedom matters. Tenure has many costs, but it exists so that 
>>academics will feel free to express themselves without fear of 
>>reprisal. It is based on the idea that everyone benefits from 
>>the free exchange of ideas. Without academic freedom, the 
>>reality is that many faculty members would be chilled and 
>>timid in expressing their views, and the discussion that is 
>>essential for the advancement of thought would be lost.
>>
>>This is not a liberal or conservative proposition. I said to 
>>Chancellor Drake that if I were conservative and my 
>>appointment had been blocked by liberals, the right would be 
>>justifiably outraged that "political correctness" had done me 
>>in. The truth is that a person's politics should play no role 
>>in the decision to hire them for a faculty or administrative 
>>position. All that matters is that the individual be committed 
>>to creating an institution where all viewpoints will be 
>>respected and flourish. That is what academic freedom is all about.
>>
>>My concern is that the message from this episode, especially 
>>for my more junior colleagues who may aspire to be deans 
>>someday or, for that matter, judges, is that if you speak out 
>>-- liberal or conservative – you may lose your chance at a 
>>position that you really want.
>>
>>That's why I decided to answer questions about what happened 
>>and to accept the invitation to write this article. 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.
>>
>>-------------------
>>Erwin Chemerinsky is a professor of law and political science 
>>at Duke University.
>>
>>
>>22222222222222222222222222222222222222222222222222222
>>*****************************************************
>>
>>Erwin Chemerinsky and the Post-9/11 Attack on Academic Freedom
>>
>>Marjorie Cohn
>>http://jurist.law.pitt.edu/forumy/2007/09/erwin-chemerinsky-and
> -post-911-attack.php
>>
>>JURIST Contributing Editor Marjorie Cohn of Thomas Jefferson 
>>School of Law says that the rejection of Duke law professor 
>>Erwin Chemerinsky by the administration of the University of 
>>California at Irvine as the new dean of its law school because 
>>he is "too politically controversial" is the latest chapter in 
>>the post-September 11 attack on US academic freedom under the 
>>guise of protecting security
>>----------------------------
>>
>>One week after renowned legal scholar Erwin Chemerinsky was 
>>offered the position of dean of the new law school at the 
>>University of California at Irvine, Chancellor Michael Drake 
>>withdrew the offer, informing Professor Chemerinsky he had 
>>proved to be "too politically controversial." Chemerinsky is 
>>one of the most eminent law teachers and constitutional law 
>>scholars in the country. Author of a leading treatise on 
>>constitutional law, he has written four books and more than 
>>100 law review articles. In 2005, he was named by Legal 
>>Affairs as one of "the top 20 legal thinkers in America."
>>
>>This is the latest chapter in the post September 11 attack on 
>>academic freedom under the guise of protecting security. Two 
>>weeks after 9/11, former White House spokesman Ari Fleischer 
>>cautioned Americans "they need to watch what they say, watch 
>>what they do." The American Council of Trustees and Alumni, a 
>>group founded by Lynne Cheney and Senator Joe Lieberman, 
>>accused universities of being the weak link in the war on 
>>terror; it included the names of 117 "un-American" professors, 
>>students and staff members. A few months later, a blacklisting 
>>Internet cite called Campus Watch was launched. 
>>It publishes dossiers on scholars who criticize U.S. Middle 
>>East policy and Israel's treatment of the Palestinians. 
>>Earlier this year, the Bruin Alumni Association at UCLA 
>>offered students $100 to tape left-wing professors.
>>
>>In 2003, the American Association of University Professors 
>>recalled the "still-vivid memories of the McCarthy era" and 
>>warned of the perils of sacrificing academic freedom in the 
>>war on terror. The premise of their report was that "freedom 
>>of inquiry and the open exchange of ideas are crucial to the 
>>nation's security, and that the nation's security and, 
>>ultimately, its well-being are damaged by practices that 
>>discourage or impair freedom."
>>
>>At a 2004 conference on academic freedom at UC Berkeley, 
>>Professor Beshara Doumani observed, "Academic freedom in the 
>>United States is facing its most important threat since the 
>>McCarthy era of the 1950s. In the aftermath of 11 September 
>>2001, government agencies and private organizations have been 
>>subjecting universities to an increasingly sophisticated 
>>infrastructure of surveillance, intervention, and control. In 
>>the name of the war against terrorism, civil liberties have 
>>been seriously eroded, open debate limited, and dissent stifled."
>>
>>Art. 9, § 9 of the California Constitution, which sets 
>>forth the powers and duties of the Regents of the University 
>>of California, provides, "The university shall be entirely 
>>independent of all political or sectarian influence and kept 
>>free therefrom in the appointment of its regents and in the 
>>administration of its affairs."
>>
>>Drake denied he was influenced by pressure from donors, 
>>politicians or the UC California Board of Regents. Yet 
>>psychology professor Elizabeth Loftus, a member of the search 
>>committee, told the Los Angeles Times that Drake told the 
>>committee he was compelled to make the decision by outside 
>>forces whom he did not identify. Her account was confirmed by 
>>a second member of the committee, who talked to the Times on 
>>condition of anonymity.
>>
>>Chemerinsky has handled several cases in the appellate courts 
>>and the U.S. 
>>Supreme Court, and has testified many times before 
>>congressional and state legislative committees, including 
>>before the Senate Judiciary Committee in the Samuel Alito 
>>confirmation hearings. Chemerinsky has represented Valerie 
>>Plame Wilson, the CIA agent whose identity was revealed by 
>>members of the Bush administration; a Guantánamo detainee 
>>asserting his right to habeas corpus; a man sentenced to 50 
>>years-to-life under California's three strikes law; and a 
>>person challenging the Texas Ten Commandments monument.
>>
>>UCI's November 16, 2006 press release announcing the 
>>inauguration of the new law school said, "UCI law graduates 
>>will be particularly encouraged to pursue careers in public 
>>service, including non-governmental organizations and 
>>philanthropic agencies. As part of their training, UCI law 
>>students will provide legal services to people who are unable 
>>to afford counsel. They also will be encouraged to pursue 
>>public interest law through programs focusing on underserved 
>>communities." Chemerinsky is devoted to public service as well 
>>as legal scholarship and education. He was elected by voters 
>>to be a Commissioner and chaired the Los Angeles Elected 
>>Charter Reform Commission; the new Charter was adopted by 
>>voters in 1999. He also spearheaded the Los Angeles 
>>Independent Analysis of the Board of Inquiry Report on the 
>>Rampart Police Scandal, Prepared at the Request of the Police 
>>Protective League, September 2000.
>>
>>Untold numbers of law students have been helped through law 
>>school and the bar exam by Chemerinsky, including National 
>>Lawyers Guild Student Vice President Teague Briscoe, who said, 
>>"Chermerinsky on Constitutional Law saved my life in law 
>>school and I loved him doing the Professional Responsibility 
>>lectures but, most of all, I really dug that he was a 
>>progressive law prof who defends an unpopular client."
>>
>>David Dow, Adjunct lecturer at the Annenberg School of 
>>Journalism and former veteran CBS correspondent who frequently 
>>interviewed Chemerinksy on legal issues, said, "I can't 
>>imagine any considerations that would outweigh the prospect of 
>>launching a law school with an internationally-known, 
>>highly-respected, fair-minded expert at the helm. Apart from 
>>his legal and professional credentials, Erwin has demonstrated 
>>an ability to get along well with colleagues and the community 
>>wherever he's been." Dow's words were echoed by Stanford Law 
>>School Dean Larry Kramer, who called Chemerinsky "the nicest 
>>person in legal education." Conservative law professor Douglas 
>>Kmiec wrote of Chemerinsky, "there is no person I would sooner 
>>trust to be a guardian of my constitutional liberty. Nor is 
>>there anyone I would sooner turn to for a candid, 
>>intellectually honest appraisal of an academic proposal."
>>
>>One of the "controversial" matters Drake cited to Chemerinsky 
>>was an August op-ed the professor wrote in the Los Angeles 
>>Times criticizing a proposed regulation by then-Atty. Gen. 
>>Alberto Gonzales to shorten the time death row inmates have to 
>>file habeas corpus petitions. In an op-ed in the Sep. 14 
>>Times, Chemerinsky explained, "There are more than 275 
>>individuals on death row in California without lawyers for 
>>their post-convictions proceedings. 
>>The effect of the new rule would be that many individuals, 
>>including innocent ones, would not get the chance to have 
>>their cases reviewed in federal court."
>>
>>Drake's action, which sends a clear message to academics that 
>>they must avoid speaking out or writing about controversial 
>>issues, is a threat to academic freedom. As Chemerinsky wrote, 
>>"Without academic freedom, the reality is that many faculty 
>>members would be chilled and timid in expressing their views, 
>>and the discussion that is essential for the advancement of 
>>thought would be lost."
>>
>>Hundreds of faculty, students and staff at UC Irvine are 
>>urging reinstatement of Chemerinsky. In an open letter to 
>>Drake, they wrote, "We are disturbed because of the deep 
>>violation both of the integrity of the university and of the 
>>intrusion of outrageously one-sided politics and unacceptable 
>>ideological considerations into a hiring process that should 
>>be driven by academic excellence, administrative experience, 
>>leadership capacity, and personal integrity."
>>
>>Chancellor Michael Drake should immediately reinstate 
>>Professor Erwin Chemerinsky as dean of the UC Irvine Law School.
>>
>>---------------
>>Marjorie Cohn is a professor at Thomas Jefferson School of Law 
>>and president of the National Lawyers Guild. She is the author 
>>of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law. 
>>Her articles are archived at http://www.marjoriecohn.com/ 
>>September 15, 2007
>>
>>
>>© 2007 Microsoft"
>>
>

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