Monday, February 7, 2022
Following up on my previous posts (links below): Jonathan Turley (George Washington), “A Prudential Matter”: New Disclosures Undermine Defenses of Emory Law Journal’s Withdrawal of Publication Offer:
A recent publication by Louis Bonham added new information to the controversy over Emory Law Journal withdrawing an offer of publication for San Diego’s Warren Distinguished Professor of Law Larry Alexander due to his refusal to remove criticism of theories of systemic racism. We discussed the controversy last month. There are a couple of new details on the communications between the editors and Professor Alexander that undermine defenses of the journal by the law school. ...
I previously discussed not just Alexander’s article and concerns over a double standard that is reinforced by other articles published by the journal. The exchanges support the view of Koppelman and others that the editors were withdrawing an offer due to their disagreement with Alexander’s viewpoint.
“Prudence” should not be the measure of whether to allow a publication. Many of the greatest legal publications were imprudent from a perspective of academic backlash or support. Indeed, feminist writers and critical legal studies writers were once widely condemned but legal journals published their work. Now, however, there appears an emerging orthodoxy from the left that is creating even greater barriers to academic exchanges.
The law school’s statement of support for the journal and its student editors is certainly understandable. However, there are real concerns raised by this controversy over the commitment to viewpoint diversity at one of the country’s premier legal publications.
Prior TaxProf Blog coverage: