Posted by Eugene Volokh:
University of Montana Law School Ordered to Let Prof. Natelson Teach Constitutional
Law:
As I reported [1]in early July, quoting a local newspaper:
University of Montana professor Rob Natelson, accusing the Law
School of discriminating against him for years because of his
conservative political views, has asked the state Board of Regents
to overturn a decision denying him the opportunity to teach
constitutional law. . . .
In his appeal, Natelson cited the Montana Constitution ban on
political discrimination and said political discrimination by state
agencies can be unconstitutional under the 14th Amendment to the
U.S. Constitution. . .
A hearing officer has ruled that Prof. Natelson was indeed wrongly
denied the opportunity to teach constitutional law, and should be
allowed to do so; and the University President has therefore ordered
the Dean of the law school to let Prof. Natelson teach the class. The
decision, though, was based on the law school's having not followed
its own traditional informal rules on the matter; the hearing officer
said he didn't have to decide whether political discrimination was
present. Some of Prof. Natelson other charges, also mentioned in my
earlier post, were also seemingly not reached.
The fabulous UCLA Law Library has gotten me copies of the [2]hearing
officer's opinion and the [3]President's decision, so I've put them on
the Web for those who are interested.
References
1. http://volokh.com/archives/archive_2004_07_00.shtml#1088706514
2. http://www1.law.ucla.edu/~volokh/blog_data/natelsonopinion.htm
3. http://www1.law.ucla.edu/~volokh/blog_data/natelsondecision.htm
_______________________________________________
Volokh mailing list
[EMAIL PROTECTED]
http://highsorcery.com/cgi-bin/mailman/listinfo/volokh
