Over at DU Sturm College of Law's Race To The Bottom blawg, Charlene Hunter returns and sees that the race is not always to the eloquent in her post "Pat O'Rourke's Clever Trap" (ht Leah)
Excerpt:
Back in 2007, O’Rourke saw ahead to the possibility of needing to use the quasi-judicial immunity defense.“I know that I’m never going to be able to beat David in terms of courtroom drama – he’s very good at what he does, so I’ve got to try to create some legal openings somewhere else in the case,” O’Rourke replied when I asked him about his strategy.
[...]
Mr. O’Rourke’s initial Motion did not mention the Stipulation agreement to explain why quasi-judicial immunity applied in this case. If it had, Lane would have been alerted at that point and used his Response brief to try to counter the assertion. Mr. Lane’s Response to the Motion only noted, rightly, that CU had waived its 11th Amendment immunity, and that quasi-judicial immunity applied to individuals, not to entities such as CU. No reference to the Stipulation, which infers that Churchill’s attorneys did not even then see the trap. It was not revealed until Mr. O’Rourke’s Reply when he quoted the phrase in the Stipulation agreement that gave the reason the usual limitation to individuals did not apply in this case. That would have been the last word in briefing arguments (and one can only think that Pat O’Rourke planned it that way) except that Judge Naves ordered additional briefs be submitted on the issue. The briefs did not offer any new arguments, but probably added protection to the ruling being overturned.
...and, in another post ("Looking Closer At Judge Naves' Order"), Ms. Hunter iterates through the Judge's reasoning (ht Leah again)
Money shot:
The Order is exhaustively thorough, as would be expected from a judge who anticipates the judgment will be appealed. The rationale for each decision is clear, logical and supported with case law and evidence. As Mr. Lane himself has noted, it will be a difficult job to have it overturned.

Marc, you tell so many whoppers here that’s its hard to know where to begin.
First, you falsely accuse the CU administration of “subversion of faculty process”. The truth is that every faculty committee at CU unanimously found Churchill guilty of research misconduct worthy of sanction. The Faculty Senate does not want Churchill back. The process worked.
Second, you falsely accuse Judge Naves of needlessly holding a trial. The truth is that the attorneys for both sides agreed to postpone the immunity decision until after the trial.
Third, you falsely accuse Judge Naves of being “creative” in granting the regents immunity. Had you read his decision, you’d see that he cited extensive case law in support of his decision.
I don’t like the immunity case law any more than you do, and I agree that it stinks for academic freedom plaintiffs. But place the blame for this state of affairs where it belongs — on Congress and the Supreme Court — not Judge Naves.



Churchill’s attorney, David Lane, said the former ethnic studies professor is only concerned with regaining his job at CU. Lane said it would be hard for Churchill to leave a community where he has lived and worked for years.
“He’s still writing and researching, but I don’t know how many options he has,” Lane said. “He’s lived in Boulder for decades, and I don’t know if he wants to uproot his life to live somewhere else. CU has spent the last four years trashing his reputation, so I don’t know how many schools would hire him at this point, given the hatchet job CU has done.”
'Hachet job'? Isn't that sort of, you know, racist?

“I think the department is headed in the right direction,” [ES chair Al] Ramirez said.
[...]
Associate professor Emma Perez will now lead the department.



Let those who abide silently, suffer in silence — and I mean suffer the ultimate indignity of not being able to truly communicate, and communicate truthfully, when they sacrificed so much to enter a career whose [sic] primary basis is communication.

Any word on the progress being made by Benjii and the DBAB raising funds for the Perfessers debt to CU?
Boe Simpson - 09 July '09 - 14:29
Has Ward-O actually filed a motion to appeal yet? All these lefties keep saying they support his decision to appeal; has he really declared such as his decision?
Goblin-Jack - 09 July '09 - 15:03
Through his attorney, yes.
[jwpaine] () (URL) - 09 July '09 - 15:11
He's eloquent, like Obama.
jgm () (URL) - 09 July '09 - 15:52
And without a teleprompter yet!
[jwpaine] () (URL) - 09 July '09 - 15:52
Brown has another comment (#14) at:
http://chronicle.com/review/brainstorm/bousquet/colorado-judge-mugs-churchill#c020421
In part:
The interesting thing here is that Churchill selected a lawyer just like himself, who substitutes his performed outrage for evidence and reasoned analysis. Churchill has been lucky and gotten away with that act for decades, but it finally caught up to him this time. He ran into a judge was wasnt fooled by his act and could do something about it.
I think thats called The Chickens Coming Home to Roost.
Whitmer has taken a powder and vanished as the whole illusion implodes.
Fred - 09 July '09 - 17:01
"The Order is exhaustively thorough, as would be expected from a judge who anticipates the judgment will be appealed. The rationale for each decision is clear, logical and supported with case law and evidence."
WTF? That yahoo wanted an opinion that COULD BE REVERSED? What sense does that make?
Either moronic or insane, this is. Or just DUMB.
Karl () - 09 July '09 - 17:53
There is nothing in the court's decision that requires Wardo to "leave a community where he has lived and worked for years." Wardo can live in Boulder and work as much as he wants. Chief Walking Eagle just can't "work" at CU. He can continue to write his phony-baloney "research" and give lectures to any organization that wants to piss away its money. He can do all of that while remaining in the Boulder area. If the lecture gigs dry up, he can try 7-11.
BTW, where's that little pissant, Benjie. I know I told him to "bugger off," but I still figured he would weigh in with his third-rate--maybe that's third-grade--intellect. I especially wanted to know if he is privy to what his butt-buddy is going to do now that he "owns" CU. Hahaha!
Retired Bill - 09 July '09 - 19:37
Mr. Paine, surely you're not exhorting Professor Churchill to suicide?! Or if you are, you're doing it out of love, as when John McCain called his wife Cindy a cunt as a term of endearment(*).
Noj - 09 July '09 - 20:20
(*) See Hoffman, Betsy.
Noj - 09 July '09 - 20:20
No thanks. I've seen enough of that bedraggled strumpet to last the rest of my unnatural life.
jgm () (URL) - 09 July '09 - 20:37
Me, Noj? No. I'm just observing that Nietzsche ironically found the will to survive in nocturnal thoughts of suicide.
[jwpaine] () (URL) - 09 July '09 - 20:38
Retired Bill: You may have noticed that The Perfesser's jeer-leaders only seem to show up when they are feeling ascendant, like the days before Judge Naves' decision. Unfortunately, that was a reality that did not conform to their irrational world-view, and so they have cloistered themselves in order to gestate the numerous rationalizations and self-delusions necessary to press the sweet wine of superiority from such sour grapes.
[jwpaine] () (URL) - 09 July '09 - 20:44
"...to press the sweet wine of superiority from such sour grapes."
That's so good.
Laurie - 09 July '09 - 21:31
Thanks! I'm here all week! Next up: Fun With Synecdoche!
[jwpaine] () (URL) - 09 July '09 - 21:38
JWP: I really didn't expect Benjie to comment, just thought I'd take a cheap shot at an easy target. The whole of the DBAB are such easy targets I could empty a magazine of cheap shots.
Retired Bill - 09 July '09 - 21:58
"Fun With Synecdoche!"
Two eyes will be watching for this one!
Laurie - 09 July '09 - 22:50
Your mind has a quick tongue, Laurie.
[jwpaine] () (URL) - 09 July '09 - 23:51
Despite the possible problems with Naves' ruling, ain't we havin' fun? I'm still giggling girlishly to myself--and, much less charmingly, to others-- at the complete and total (if perhaps, and only perhaps, temporary) victory over the forces of evil fuckheadedness. Wart was "surprised" by Naves' ruling; Benjie, who last week was all over this blog with his long-established blend of fake-homespun arrogance and self-delusion, is gone; and Russell "Last of the Mohicans" Means is twisting his thinning braids in frustration. Savor it. As somebody's parrot said, "Yessss."
jgm () (URL) - 10 July '09 - 00:40
Day Four and I'm still taking my victory lap. Although it could still all come crashing down at the next stage. You never know.
Noj - 10 July '09 - 09:13
"Your mind has a quick tongue" Ha! But I'd like it better as "Your tongue has a quick mind". Probably yours is more accurate.
Laurie - 10 July '09 - 09:57
I believe we both hit the mark, more or less, Laurie. But I like yours better, too. Frankly, I'm all thumbs on this synecdoche thing.
[jwpaine] () (URL) - 10 July '09 - 10:09
Forthcoming from St. Martin's Press this fall: No Head For Synecdoche: Confessions Of A Grammar Snob
[jwpaine] () (URL) - 10 July '09 - 10:22
I have relatives in Synecdoche, NY.
jgm () (URL) - 10 July '09 - 13:28
What a coinkidink. I've had relations there too.
[jwpaine] () (URL) - 10 July '09 - 13:38
Is the University going to a collection agency to get back that dollar that the jury awarded?
Wm T Sherman () - 10 July '09 - 19:36
'I'm still giggling girlishly"
tape it and upload it as a .mov?
ha ha - 10 July '09 - 20:47
Isn't the stubbornly persistent mental image of jgm "giggling girlishly" frightening enough?
[jwpaine] () (URL) - 10 July '09 - 21:10
Quit fantasizing about me, youse guys.
jgm () (URL) - 11 July '09 - 17:12
Though if you must, here's a visual aid.
jgm () (URL) - 11 July '09 - 17:19
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