Document Type

Working Paper

Publication Date

7-8-2008

SSRN Discipline

Legal Scholarship Network; Law School Research Papers - Legal Studies

Abstract

The author Professor Richard Delgado takes as his point of departure a remark by the chair of the University of Colorado committee that voted academic sanctions against Ward Churchill This essay explores the role of retaliatory motives in academic misconduct cases In Churchills case Colorado authorities delved deeply and painstakingly into Churchills publications only when it appeared that the state could not fire him from his tenured position for his inflammatory remarks on the victims of the 911 tragedy What bearing should the investigations relation to the hue and cry that led to it have on its own legitimacy Professor Delgado examines various possible frameworks for analyzing cases like these and argues that the committee chairs way of seeing the matter was the incorrect framework

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