September 24, 2007

UCI's new law dean known as gentleman, scholar
Respected experience marks Chemerinsky's long, strange trip to university.
By MARLA JO FISHER
The Orange County Register

There are places in Orange County where calling someone a "card-carrying member of the ACLU" is the worst kind of insult, it could lose you an election or, at the very least, get you punched out.

But Erwin Chemerinsky, 54, the controversial dean of UC Irvine's as-yet-unbuilt law school, wouldn't mind. He was on the board of the Southern California American Civil Liberties Union member for a decade.

An amiable man who's described even by his fiercest opponents as a "gentleman," Chemerinsky grew up on the tough south side of Chicago. Even now, decades after leaving the Windy City, he remains attached to the Chicago Cubs.

"It's a lifelong affliction," he said with a sigh. "But I plan to be an Angels fan now."

Chemerinsky's political leanings got national press over the last two weeks, after it became known that UCI Chancellor Michael Drake had hired and fired him in short order, according to Chemerinsky, because of conservative backlash against him.

Though Drake again made headlines when he rehired the scholar on Monday, the impact of the fracas on the university's fledgling law school remains unclear.

Today, after having his contract approved Thursday by the UC Board of Regents, Chemerinsky is officially the new dean of the school, slated to open for business in 2009. He said he will move to Orange County after his kids get out of school in June.

Meanwhile, he's a law professor at Duke University and one of the country's most respected constitutional scholars. During his 21 years teaching law at the University of Southern California, he helped rewrite the Los Angeles City Charter and served on the reform panel after the Los Angeles Police Department Ramparts Division scandal.

He's also a well-known legal pundit and frequent media commentator, including on a radio show he does every week where he debates the left side of issues against Chapman School of Law Dean John Eastman.

According to published reports, Chemerinsky has been approached several times in his career about becoming a federal judge, but has been deemed too outspoken a liberal to be confirmed in the Senate.

Two prominent Orange County Republicans, Scott Baugh and Mike Schroeder, both described Chemerinsky as a polarizing figure because of his high-profile positions on issues such as abortion rights, three-strikes and the separation of church and state.

One of Chemerinsky's longstanding causes has been the separation of church and state, and he recently represented plaintiffs who sought to remove granite Ten Commandments from the Texas State Capitol.

Baugh compared bringing Chemerinsky to Orange County to "hiring Jerry Falwell to be the dean of religious studies at Berkeley."

In August, Los Angeles County Supervisor Mike Antonovich sought to derail Chemerinsky's appointment and, later, said he opposed him over issues such as ACLU's threatened lawsuit in 2004 that led Los Angeles County to remove a cross from its official seal.

"It's hard to imagine Chemerinsky fitting into the community now," Schroeder said Monday after the rehiring. "He's the same polarizing figure that he was when they fired him last week."

The new dean has also favored removing the words "under God" from the Pledge of Allegiance.

One reason Drake gave for his decision, later reversed, to revoke the law dean job offer, was his discomfort with whether Chemerinsky could tone down his personality to fit the profile of a university administrator who must fundraise in the community and mix with all types of people.

Drake's words, as well as Chemerinsky's explanation that he was initially fired due to political pressure, ignited a flood of controversy over academic freedom and UCI and whether a law dean should be muzzled.

On Friday, the day after the UC Board of Regents approved his contract as the new dean, Chemerinsky showed a newfound moderation in speech by declining to discuss in any detail his views about whether the words "under God" should be removed from the Pledge of Allegiance.

"Let's just say I am on the record in written op-ed pieces saying that 'under God' doesn't belong," Chemerinsky said.

And, indeed, Chemerinsky's personal beliefs are well-known to the legal community.

Local attorney Craig Hardwick took a constitutional law class from Chemerinsky at USC decades ago.

While describing himself on "the opposite end of the political spectrum," Hardwick said his former professor is a "great guy."

"He's not some Svengali trying to come in and brainwash everyone," Hardwick said. "All of the students liked him. He always made time for students. His office hours seemed to be perpetual. Also, he was always smiling."

Cal State Fullerton political science Professor Raphael Sonenshein knew Chemerinsky well when each man headed rival commissions seeking to revise the Los Angeles City Charter in the 1990s.

"He's one of the nicest people in the world, but he's more formidable than people realize," Sonenshein said. "I would not underestimate his toughness. In city conflicts, I saw him take on some really formidable forces. But, at the same time, he does not hold a grudge. And he's extremely honest."

Chemerinsky taught law at the University of Southern California for 21 years before he and his wife, Catherine Fisk, also a law professor, moved to Duke University in Durham, N.C., in 2002.

The new law dean said he was not among the 88 professors who signed a statement in the 2006 rape scandal at Duke, when three white members of the lacrosse team were falsely accused of raping a black student.

The statement, placed before the trial in the campus newspaper, referred to the incident as a "social disaster," had anonymous quotes about racism and sexism at Duke and implied the accused were guilty.

"I didn't sign anything. I wanted to wait and see what the evidence was before saying or doing anything," Chemerinsky said. "Then it became increasingly apparent the prosecutor had no case, and I began to say that. When it became clear the three were innocent people, I stood up for them."

Chemerinsky said the family moved to North Carolina for a different kind of life. He has two older children from a previous marriage, along with a 13-year-old and 9-year-old.

"The idea of living five minutes from work was very appealing," said Chemerinsky, who will still be close to work when he moves into his new house in Irvine's University Hills, just outside of UCI.

Chemerinsky's wife, Catherine Fisk, has been offered a tenured position at USC, and it remains unclear whether she would be offered a job at UCI.

"I can't be the one to hire my own wife," Chemerinsky said. "But I'm sure any law school in the country would be happy to have her."

The new law dean said he decided to take the job at Irvine because "Orange County is paradise as a place to live, and building a new law school is an exciting idea."

He also said he's looking forward to working with Drake, who is an ophthalmologist whose wife is a public interest lawyer and who spent his career working toward greater diversity inside the University of California.

Despite the incidents of the last two weeks, Chemerinsky has continued to say he has a good relationship with Drake and would not have come to UCI except for him.

The weather in Orange County isn't bad, either, Chemerinsky said.

"The kids and I are looking forward to going to the beach," he said.

UCI's new law school dean Erwin Chemerinsky

Profession: Constitutional law professor at North Carolina's Duke University; author of a frequently used textbook on constitutional law; lawyer involved in high-profile lawsuits, including abortion rights and separation of church and state; argues regularly before the U.S. Supreme Court and has served on several Los Angeles city commissions or panels.

Age: 54

Birthplace: Chicago

Favorite music: Soft rock (Nora Jones, the Beatles, Carly Simon, you get the idea)

What's in your car CD player right now: The soundtrack from the movie "Once."

Last book you read: "No Excuses" by Robert Shrum

Favorite book of all time: "The Chosen" by Chaim Potok.

Last movie you saw: "Two Days in Paris"

Favorite movie of all time: "It's a Wonderful Life"

How long married: 14 years, to Catherine Fisk, also a law professor at Duke

Family: Son Jeff, 24, (from a previous marriage) a second-year law student at Duke; Adam, 21, a junior at Loyola Marymount; Alex, 13, eighth grade; Mara, 9, fourth grade

Pets: Two dogs, a standard poodle, Nadia, and a rescue labradoodle mix, Tedi.

Car: 2006 Toyota Prius

Favorite leisure activities: Four children. Avid sports fan.

Sports team: "I'm a Chicago Cubs fan. It's a lifelong affliction."

Most recent technogadget purchased: A BlackBerry in July

Pet peeve: Rude and inconsiderate people

Favorite vacation spot: "I don't know if I have a favorite, but we took the kids to Hawaii to the big island in early August, and it was wonderful."

Trashy TV show you secretly like: "I'm ashamed to admit the only TV I watch is sports and news."

Historical figure you wish you were more like: "My father."