Jane Stancill, Staff Writer
Noted Duke University law professor Erwin Chemerinsky signed a contract to be the dean at the University of California-Irvine's new law school, but was dumped, he said, when the university's chancellor told him he was "too politically controversial."
Chemerinsky, a celebrated constitutional law scholar, said Wednesday that Irvine Chancellor Michael Drake flew to Durham from Washington to rescind the job offer face to face. The two met Tuesday at the Sheraton hotel near the Raleigh-Durham airport. "He thought it would be a bloody fight with the Board of Regents," Chemerinsky said.
The professor said he was offered the dean's position Aug. 16 and signed a contract Sept. 4. The job had been contingent on approval by the University of California Board of Regents, which was scheduled to vote next week, Chemerinsky said.
Legal Affairs magazine named Chemerinsky one of the top 20 legal thinkers in the United States. He regularly argues cases before the U.S. Supreme Court, tackling some of the most divisive issues in society -- free speech, the Ten Commandments, California's three-strikes law and abortion clinic protests.
Last year, he was part of the legal team that represented former CIA agent Valerie Plame and her husband, Joseph Wilson, in a civil suit against Vice President Dick Cheney, former Cheney aide Lewis "Scooter" Libby and White House political adviser Karl Rove.
He's also an outspoken commentator who opposes the death penalty and speaks out for civil rights, gay rights and affirmative action. But Chemerinsky's history of championing liberal causes was apparently too much for Drake as he hired a founding dean for the Donald Bren School of Law, the first public law school to open in California in more than 40 years.
"I'm sad because it would have been an exciting opportunity to start a new law school at a great university," Chemerinsky said. "I'm angry because there really is an underlying principle of academic freedom here."
Chemerinsky said Drake was not specific about exactly where the opposition originated.
In a prepared statement released Wednesday, Drake said that since the job offer was made, "I have come to the very difficult conclusion that Professor Chemerinsky is not the right fit for the dean's position at UC Irvine at this time. I met with him on Sept. 11 to inform him that we were rescinding our offer and continuing the recruitment process."
Drake called Chemerinsky a gifted academic with outstanding credentials. "I respect him greatly," the statement said. "My decision is no reflection whatsoever on his qualifications, but I must have complete confidence that the founding dean and I can partner effectively in building our law school. As in all decisions, I must do what I believe is in the best interests of our university."
The New MajorityThe school is supported by a $20 million donation from California real estate magnate Donald Bren, a major benefactor of the university. Bren is a founder of the New Majority, a group that, according to its Web site, aims to diversify and broaden the appeal of the Republican Party. Bren's Web site describes him as a "passionate supporter of education," "one of the nation's top philanthropists," "determined champion of research" and "visionary conservationist." It features a picture of him with California Gov. Arnold Schwarzenegger.
Duke Dean David Levi, a former California federal judge appointed to the bench by President George H.W. Bush, praised Chemerinsky on Wednesday in e-mail to the Duke law school community. He reiterated that the Irvine job offer was withdrawn, "apparently because of pressure from individuals who objected to Professor Chemerinsky's political views."
"I am out of the office, but it seems right to express publicly my high esteem for Professor Chemerinsky," Levi wrote. "He is a distinguished scholar, law teacher, and lawyer. His dedication to his students and his colleagues has been exceptional. His service to the legal profession and the academy has been exemplary. He is a good friend. All of us at Duke are fortunate to have Erwin as a member of our faculty."
Before coming to Duke in 2004, Chemerinsky spent two decades at the University of Southern California, where he worked to rewrite the Los Angeles city charter. He has been wooed for deanships before, including the one at UNC-Chapel Hill. The Harvard law graduate is a Chicago native with a passion for baseball and gourmet food.
Reached at home where he was cooking dinner for Rosh Hashana, Chemerinsky took time out for a brief interview Wednesday.
While disappointed he won't be launching a new law school in California, he insisted he's happy in Durham. "I'm thrilled to be a law professor here at Duke," he said.