Erwin Chemerinsky writes for Vox, Oct. 25, 2017
Although the First Amendment applies only to the government, including public universities, private universities should follow these same principles. They are essential to academic freedom, which is at the very core of a university’s mission.
Jim Wheaton quoted by The Nation, Oct. 25, 2017
“What you have to remember about a SLAPP suit,” said Wheaton, “is that it’s not about winning. It’s about dragging the case out as long as possible and draining as much time and resources from your opponent as you can.”
Erwin Chemerinsky quoted by UsRealinfo, Oct. 25, 2017
“Public universities cannot exclude a speaker based on their viewpoint, even a very offensive viewpoint. The law is clear,” said Erwin Chemerinsky, the dean of the UC Berkeley School of Law and an expert in First Amendment law.
Lauren Edelman quoted by Vox, Oct. 24, 2017
“[Harassment training] is often a veneer, or what I call symbolic compliance,” said Lauren Edelman, a professor of law and sociology at Berkeley Law. The problem, she continued, is that courts don’t distinguish between legal procedures that are a veneer and those that are actually effective.
Prasad Krishnamurthy quoted by California Magazine, Oct. 23, 2017
“It becomes a matter of evidence,” Krishnamurthy says. “To prove collusion, you have to prove that there was actual agreement among the owners not to hire him. It can’t be one guy simply saying, ‘I don’t think we’re going to hire him,’ and another guy saying, ‘Nope, me neither.’
Charles Denton and Charles Weisselberg quoted by The Daily Californian, Oct. 22, 2017
Although defendants representing themselves do not belong to the law profession, they are held to the same courtroom standards, Denton said. He added that, while the process is traumatic for the victim, the defense is less effective compared to attorney representation.
Charles Weisselberg … said that with self-representing defendants, cross-examination objectives remain the same with or without a representative lawyer — to “undermine the credibility of the witness or draw out points that would support the defense.”
Stephen Sugarman quoted by East Bay Times, Oct. 22, 2017
Intuitive may have settled cases it believed it could win in court, seeking to avoid negative publicity from a trial, Sugarman said. “On the other hand, it could be that they know they’re going to lose these cases, and what are they going to gain by trying to win?”
Lauren Edelman quoted by The Economist, Oct. 21, 2017
Young academics are at the mercy of star professors, whose goodwill and references they need when they start the hunt for a scarce permanent job. Universities may sack a junior staff member they find guilty of harassment, says Lauren Edelman. … But they often protect faculty members by paying off their accusers and insisting on non-disclosure agreements.
Erwin Chemerinsky quoted by Connecticut Law Tribune, Oct. 20, 2017
“Above all, we should be sure our actions comply with the First Amendment,” Chemerinsky said. “I have done all I can within the law school to do this.”
Lauren Edelman quoted by Newsweek, Oct. 19, 2017
Anti-harassment policies and procedures are just “symbolic compliance,” … Lauren Edelman tells Newsweek. “They’re meant to protect the company,” says Edelman. “The reason they’re created is because they’ve become widely accepted as indicative that the company cares about stopping harassment even when they don’t.”