Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Jury Gets Case of Fired Professor [Ward Churchill]
NY Slimes ^ | 04/01/09 | Katherine Seelye

Posted on 04/01/2009 7:21:44 PM PDT by freespirited

After a four-week trial, a jury in Denver is deliberating the case of Ward L. Churchill, a former University of Colorado professor who says he was fired because of an essay he wrote in which he called victims of the Sept. 11, 2001, terrorist attacks “little Eichmanns.”

The university says Mr. Churchill plagiarized and falsified parts of his academic research, particularly on American Indians, and cited this as grounds for his dismissal in July 2007. Mr. Churchill brought a wrongful termination suit against the university, seeking monetary damages for lost wages and harm to his reputation. He also wants to be reinstated to his job teaching ethnic studies.

The case is seen as a struggle between freedom of speech and academic integrity, and it has revived the longstanding debate about whether hate speech deserves protection by the First Amendment...

Ken McConnellogue, a spokesman for the university, said the university’s case was “nuanced” and “perhaps doesn’t translate as well as a sound-bite case.” Still, he said, “We believe we’ve put on a compelling case” that officials fired Mr. Churchill for inferior scholarship, not his 9/11 essay...

Throughout the trial, the university maintained that it fired Mr. Churchill solely “for his research misconduct, for taking other people’s work and making it his own, for fabricating research, for falsifying research,” as Steven K. Bosley, a university regent, told the court.

“It was not one time, not even one time on purpose,” Mr. Bosley added. “It was a pattern of misconduct.”

The jury got the case Wednesday afternoon, after hearing closing arguments. If the jury sides with Mr. Churchill, it will set the damages, although the judge, Larry J. Naves, can modify the amount. Judge Naves will decide whether Mr. Churchill should be reinstated.

(Excerpt) Read more at nytimes.com ...


TOPICS: News/Current Events
KEYWORDS: churchill; davidlane; plagiarism; ucolorado; wardchurchill
Judge Naves will decide whether Mr. Churchill should be reinstated.

I won't predict what the jury will do, but I can't believe any judge would reinstate Churchill. Not even a liberal loon.

1 posted on 04/01/2009 7:21:44 PM PDT by freespirited
[ Post Reply | Private Reply | View Replies]

To: freespirited

O’bama addresses the graduating class as new Dean Nell Jessup Newton comes on board. She also happens to be a big fan of Ward “I’m an Indian” Churchill;

She is the editor-in-chief of Cohen’s Handbook of Federal Indian Law, the only treatise on the subject:

“Cohen’s Handbook of Federal Indian Law (1982) has canonical stature, but it is organized for lawyers who want questions answered.[1] Ward Churchill’s works bubble with the anger appropriate to the subject, but offer little that could be successfully taken into a courtroom unless the object is a contempt sentence.”


2 posted on 04/01/2009 7:26:46 PM PDT by jessduntno ( addresses Notre Dame graduating class as the New Dean of St)
[ Post Reply | Private Reply | To 1 | View Replies]

To: freespirited
The reason why the judge gets to decide is because reinstatement is an equitable remedy, which only judges can award. Juries award legal remedies, such as money (lost wages). The judge will only consider awarding reinstatement if the jury finds that the plaintiff was wrongfully terminated.

If the jury finds in the plaintiff's favor, and the judge finds that reinstatement is not appropriate, the judge may award the plaintiff future pay -- lost wages extending sometime into the future.

Too bad the jury cannot order Churchill banished to a deserted island with no phone or internet.

3 posted on 04/01/2009 7:29:27 PM PDT by PackerBoy (Just my opinion ....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: PackerBoy

So long as he doesn’t get banished to a reservation. ;) I wouldn’t want him.


4 posted on 04/01/2009 7:30:47 PM PDT by Redcitizen (The Death Star is the ultimate in peacekeeping.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: freespirited

Even if he never gets reinstated, I’m sure someone out there wants a lying propagandist.


5 posted on 04/01/2009 7:34:54 PM PDT by Soothesayer (The United States of America Rest in Peace November 4 2008)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Soothesayer

Me too. He has a bright future doling out grant money for Soros.


6 posted on 04/01/2009 7:36:29 PM PDT by freespirited (Is this a nation of laws or a nation of Democrats? -- Charles Krauthammer)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Redcitizen

You mean because he’s a fake Indian?


7 posted on 04/01/2009 7:38:14 PM PDT by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Redcitizen

He’s not a native-American is he?

Just a wanna be, from what I understand.


8 posted on 04/01/2009 7:39:19 PM PDT by Winstons Julia
[ Post Reply | Private Reply | To 4 | View Replies]

To: freespirited

Good. The U of C should never have hired him (and probably more like him) in the first place.

Now it is up to parents and the Alum to make the University pay for it’s mistake.


9 posted on 04/02/2009 7:52:08 PM PDT by Lorianne
[ Post Reply | Private Reply | To 1 | View Replies]

To: freespirited

And the jury just awarded him his job back and $1. Great, F US.


10 posted on 04/02/2009 11:02:11 PM PDT by Professional
[ Post Reply | Private Reply | To 1 | View Replies]

To: Professional

Are you sure? I thought that it’s up to the judge whether he gets his job back.


11 posted on 04/02/2009 11:28:21 PM PDT by freespirited (Is this a nation of laws or a nation of Democrats? -- Charles Krauthammer)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Professional
And the jury just awarded him his job back and $1.

From the NYT:

Whether Mr. Churchill, 61, will get his job back, and when, was not resolved. Mr. Churchill’s lawyers said they would ask Judge Larry J. Naves of Denver District Court to order reinstatement, in light of the verdict.

A spokesman for the university, Ken McConnellogue, said administrators would oppose the request. Reinstatement, Mr. McConnellogue said, would probably draw a sharp reaction among many faculty members, because a faculty committee was instrumental in his firing.


12 posted on 04/03/2009 12:18:28 AM PDT by TChad
[ Post Reply | Private Reply | To 10 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson