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Today's Stories September 17, 2007 Marjorie Cohn Paul Craig Roberts Ricardo Alarcón Marc Levy Eva Liddell Website of the Day Sept. 15-16, 2007 Alexander Cockburn Vicente Navarro Mike Whitney Herman Mindshaftgap Ellen Cantarow Jordan Flaherty Zachary Hurwitz September 14, 2007 Debbie Nathan Franklin Lamb Patrick Cockburn Farzana Versey Alan Farago Hank Edson September 13, 2007 Patrick Cockburn Scott Vest, former Air Force Captain at Minot Andy Worthington Michael Baney Dr. Susan Block September 12, 2007 Paul Craig Roberts Stan Goff William Blum Manuel Garcia Debbie Nathan September 11, 2007 Patrick Cockburn Iain Boal Michael Dickinson Guerry Hoddersen Bill Hatch Gary Leupp Website of the Day September 10, 2007 Uri Avnery Patrick Cockburn Saul Landau and Farrah Hassen David Michael Green Pius Adesanmi Betty Schneider September 8 / 9, 2007 Alexander
Cockburn Saul
Landau Ismael
Hossein-Zadeh Ray
McGovern Matthew
Abraham Alan
Farago Christopher
Brauchli Rannie
Amiri Fred
Gardner James
L. Secor Missy
Comley Beattie Ben
Tripp Francis
Boyle Joe
Allen and Paul D'Amato Website
of the Weekend
Robert
Fantina John
Ross James
Brooks Russell
Mokhiber Joshua
Frank John
Walsh Mark
Brenner Mike
Ferner Website
of the Day
September 6, 2007 Kathleen
and Bill Christison Allan
J. Lichtman Norman
Solomon Yifat
Susskind Catherine
Fenton Laura
Santina Farzana
Versey Yves
Engler Kelly
Overton Michael
Simmons Website
of the Day
September 5, 2007 Stan
Goff Michael
Dickinson Matthew
Abraham Patrick
Cockburn Dave
Lindorff Paul
Craig Roberts Clifton
Ross Elizabeth
Schulte Joseph
Grosso Ben
Terrall Website
of the Day
September 4, 2007 Jean
Bricmont Patrick
Cockburn Ron
Jacobs Tom
Kerr Gary
Leupp Sonja
Karkar Heather
Gray Fidel
Castro Jackie
Corr Sunsara
Taylor Website
of the Day
September 3, 2007 Patrick
Cockburn Eamon
McCann Joshua
Frank Chris
Floyd Marjorie
Cohn Walter
Brasch Matt
Reichel Website
of the Day
September 1 / 2, 2007 Alexander
Cockburn Andy
Worthington Saul
Landau David
Keen Patrick
Cockburn Diana
Johnstone George
Longstreth, MD Linda
M. Woolf Ralph
Nader Fred
Gardner Ben
Tripp David
Michael Green Missy
Comley Beattie Michael
Dickinson Paul
Krassner Ron
Jacobs Poets'
Basement
August 31, 2007 Jeff
Gibbs Paul
Craig Roberts Ray
McGovern Robert
Weissman Matt
Vidal Robin
Mittenthal Chris
Kutalik Richard
Forno Binoy
Kampmark Dave
Zirin Website
of the Day
August 30, 2007 Gary
Leupp John
Ross Anthony
DiMaggio Jordan
Flaherty Michael
Donnelly Russell
Mokhiber Dennis
Brutus William
S. Lind Martha
Rosenberg Jeff
Leys / Brian Terrell Website
of the Day
Patrick
Cockburn Winslow
T. Wheeler David
Rosen Dave
Zirin Paul
Craig Roberts Diane
Farsetta Ben
Davis Alan
Farago Jenna
Orkin Don
Monkerud Richard
Nasser Website
of the Day
August 28, 2007 Uri
Avnery Bill
Quigley Joshua
Frank China
Hand Firmin
DeBrabander Charles
Peña Andy
Worthington Ramzy
Baroud Anthony
Papa Ashley
Smith Website
of the Day
Jorge
Mariscal Bill
Christison Manuel
Garcia, Jr. Anthony
DiMaggio Bruce
A. Roth John
Walsh Dave
Lindorff Ron
Jacobs Binoy
Kampmark Russell
D. Hoffman Website
of the Day
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September 17, 2007 Erwin Chemerinsky and the Post-9/11 Attack on Academic FreedomBy MARJORIE COHN One week after the 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 Duke Law 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 spokeman 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 September 11, 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." 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/
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