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[baronlarf]

Blogosphere goes off on UMN Law School about the Delahunty decision.  
http://powerlineblog.com/archives/016073.php
http://volokh.com/posts/1164816455.shtml
http://volokh.com/1164810164.shtml
http://jointstrikeweasel.blogspot.com/2006/11/petition-on-professor-hiring.html

Comments

[kaiserbrown]

"Only treason is allowed at an elite institution, not anyone that will aid and abet the defence of the United States, its allies, or the forthright application of the text of International Law.

These protesters forget that taking prisoners is a massive excercise of generosity. Anyone captured under arms and out of uniform can be summarily executed as an illegal combatant. The US should be quickly interrogating people and then giving them their Geneva Convention approved punishment.

Of course these are the same people that used the execution of a Communist spy as evidence of the cruelty and immorality of the United States and the Republic of South Vietnam. They are nothing but traitors and should be given nothing but a traitors reward. End the Fifth Column, NOW!"

*snicker*

[baronlarf]

That, I believe, was an argument that was not made when we met with the hydra-headed dean. Although it would have made the discussion more interesting. Hell, the most interesting thing said was Brinson's comment about dueling featherdusters.

[baronlarf]

But seriously, the thing you quoted was just a rant that some coot made on the comments page. C'mon, the posts have some fine arguments.

[kaiserbrown]

Volokh, yes. Powerline, not so much.

[ripptide]

I disagree with only one thing - the kid that says "this isn't what we're paying for a top-20 law school for."

Bullshit. This is exactly what you're paying for - the opportunity to be exposed to top-tier legal eagles and their opinions, so that you might learn something through osmosis.

I didn't agree with the positions of many of my professors, but I got the hell over it and learned a few things along the way. I laugh at these idiots - wait until you work for someone you disagree with. That's when things really get fun.

I laugh at these pricks that think it's going to get easier.

I was going to use the remainder of this space to argue the geneva convention and the protections it provides with Mr. Kaiserbrown, but I decided your blog wasn't the place and this wasn't the time. But I'm still enough of a prick that I needed you to know what I wasn't doing in your blog so that you could validate me :P

[kaiserbrown]

i'm not sure this guy applies as a top level legal eagle. he's not especially young, he's not especially noted in his field, and his past positions speak ill of his "prestige." compare that to the guy we're losing, Carpenter, who is both conservative and brilliant.

my issue is having a lackluster career civil servant whose claim to fame is being ridiculed by the legal community for being a part of the torture memos as a professor rather than someone legitimately excellent.

plus, i dunno that i agree that the geneva conventions protect groups like al qaeda under their original formulations. it's not an easy case to make, given the actual language.

[baronlarf]

He may not qualify as a "top level legal eagle" in your book, but he's only filling a temporary position. They needed someone quickly, and the guy's very qualified.

Delahunty was ridiculed by a part of the legal community, but his findings in the memo were supported by other sectors of the community, including 4 of the 9 Supreme Court justices in Hamdan (the 3 dissenters and the new chief judge when he was on the DC circuit).

So two points.
1)He may not be the top of his profession or an up-and-comer, but he's just a temporary replacement. By that standard, he's very qualified.
2) While some ridicule him (quite loudly and with grand accusations), his views back in 2002 did not fly in the face of the law and had the support of many in the legal community.

[musicpsych]

The thing is, to many people on the left, the opinions of the conservative Supreme Court justices don't really count. I'm not saying I agree with that (I do somewhat, but not 100%), but I wouldn't be surprised if the feeling was there. Not trying to start something, just wanted to make an observation.

[musicpsych]

This is an interesting issue. I guess it shows that there are closed-minded people on the left, too.

Personally, I think that the students and faculty are being too idealistic. Students would most likely benefit from exposure to diverse viewpoints, and shouldn't get a homogenous education. After they graduate, if they face people they don't agree with, what are they going to do, deal with their problems through petitions? Forgive me if I'm being ignorant, but it's a first-year constitutional law class, not a class on "the applicability (or inapplicabiility) of the Geneva Conventions, international treaties and federal laws to the Taliban and al Qaeda detainees."

Just because they don't agree with his politics doesn't mean that he doesn't have valuable info to teach them. At this point, if they don't go with him, will they be able to find a replacement in time? Whatever happens, I hope it works out for the long-range benefit of the students and institution.

[kaiserbrown]

actually, we covered the exact case where the torture memos argued for the inapplicability of the geneva conventions in regards to detainees.

so yeah, it is an issue, since the sort of stuff he's in the minority decision for does come up.

plus, the diverse viewpoints argument is sheer dreck, our current professor is very conservative, and i believe the faculty advisor for the federalist society, and is universally liked.

[baronlarf]

I think that the very fact that he does have a solid opinion on a heated issue of Constitutional Law today means that he has much to bring to the issue. I would imagine that he of all people has heard the arguments against his memo since he wrote it four years ago, and would be able to present them.

I'm really not sure how the diverse viewpoints argument is "sheer dreck." Simply because our last prof was conservative and this guy is too, there won't be diverse viewpoints? I think that the inane petition that 9 other professors signed and the students who are up in arms about his appointment attest to the fact that there are diverse viewpoints on the issue. The mere fact that a minority of the law school is running around, shouting with their hands over their ears shows that there is a resistance to opposing viewpoints.

[musicpsych]

My point about "diverse viewpoints" was just that there seem to be a lot of left-leaning students and faculty in the institution - at least, a significant enough number to sign the petition and get the attention of the Dean. Even if Delahunty is in the minority, that doesn't mean his opinion isn't valid. He might be able to offer a different perspective/interpretation than the students would normally get