A judge has ruled that the University of Colorado doesn't have to give controversial former professor Ward Churchill his job back even though a jury found he was improperly fired.Doing the Eagle Rock right now. And: no money:
"Professor Churchill's own statements during the trial established that he has not seriously pursued any efforts to gain comparable employment, but has instead has chosen to give lectures and other presentations as a means of supplementing his income. Reportedly, he even 'received a few job offers' that he declined to pursue. Under these circumstances, I do not believe an award of front pay is appropriate," Naves wrote.Update: Naves' ruling (pdf).
Update II: JWP notes how Wart's (and his lawyer David Lane's) big mouth helped keep him unemployed.
Update III: The Chronicle of Higher Ed reports the story with the strangely passive headline: "Judge Refuses to Order University to Give Ward Churchill His Job Back." They say they'll have more tomorrow.
Update IV: Caplis, KHOW: "Good won, evil lost." Even a stopped
clock . . .
Silverman: "I put the chances of Churchill and Lane prevailing on appeal at about 10 percent . . ."
Update V: Lane will hold a press conference at 4:00 p.m. I imagine KCOW will cover it. C & S also have all kinds of goofs lined up to comment. Listenzee here.
Update VI: C & S are truly unbearable in their sucking up to CU and O'Rourke.
Update VII: Former CU prexy Hank Brown. Krep, krep, krep. Sample. Caplis: It was great to see Left and Right come together about Ward Churchill. Uh-huh.
Volokh Conspiracy (which links to the Michael Jackson of the Churchill case, JWP) asks for legalistical opinions on the ruling.
Update VIII: Former, permanent all-high ex- (and present-) chancellor Phil DiStefano is up now. He sucked on the stand. "O'Rourke did a much better job than [Lane, in the reinstatement hearing]."
Update IX: No live coverage of Lane's press conference. Interview of KHOW reporter. Did he just say that Lane accused Naves of plagiarism? Damn, I missed it. Only Lane, all by his lonesome. Lane: Dumbfounded, angry, every time I objected was overruled. Bitter, bitter, bitter.
Caplis: David realizes he's done, so now he's lashing out at the judge.
Judge Naves' order ignores the Constitution, academic freedom, etc.
Silverman: Don't think that bodes well for attorneys' fees . . .
Reporter: Lane would have asked for $1.2 million, but now he's out . . .
Caplis: Churchill deserved to lose; liar, cheat, tried to get young people to commit violence. . .
Reportron: Lane is functioning out of a lot of anger. Never heard an attorney go after a judge like Lane did . . .
Update X: Let's go to the callers. Mickey! "I haven't been this happy since my wedding day in 1953." Mickey apparently is a big Columbus Day parader, tho a Jooooooo.
Silverman notes Wart's hypocrisy in denying Columbus Day paraders their First Amendment rights . . .
Mickey's so happy she's doing the Tarantella . . . As noted above, I did the Eagle Rock . . .
Silverman: [Former CU student Dave--the guy who said "Fuck the Ballerinas!" at some Churchillpalooza event] Staub's testimony was bad for Churchill; Wart has the capacity to twist young people . . .
Caplis did bet Lane a steak dinner that Chutch wouldn't be reinstated . . . "Ripping on the judge today was just a concession . . ."
They're trying to get Thomas Brown on . . .
Silverman: "I like to see bullies put in their place . . ." Me too.
Update XI: Benjie reacts (via JWP): He knew it all along. Benjie earlier: "Money's nice, too."
Update XII: Bill "Howdy Doody" Owens is up. "Naves always seemed of judicial temperament" (He would say that.)
Owens: Naves demolishes every single argument Churchill made. . . Juries make mistakes, and I think Judge Naves properly corrected that error. . . What I most appreciated was how Naves placed the blame back on Churchill . . . The problem with placing Ward Churchill back at CU would be . . . Ward Churchill.
The phone call with Betsy Hoffman. Silverman: Hoffman whimpered out of Colorado . . . What would you say to her now?
Owens: I was stunned by her recollection of our phone visit . . . I told her to lead. . . She whimpered, she whined . . . [I can attest to that, at least in her deposition--she also looked like hell] . . . But her testimony was most damaging to the defense . . . She claimed that she was just as much a victim as Wart . . . She and Wart were both drummed out of Colorado . . .
Owens: The system worked. Churchill has abused the system. . . My reading of that decision is that he has almost no chance on appeal . . .
Update XII: Westword: nada, yet. Michael "breaking" Roberts must be on a retreat.
Update XIII: Man O' the Hour, Pat O'Rourke.
Caplis: Talk about total victory!
O'Rourke: It's been a little bit of a roller-coaster ride . . .
Silverman: What about you? Brilliant! (blech). Tell us all about it.
O'R: We got the news and it was a really wonderful ruling from the judge, that said Chutch did things he really shouldn't do . . . We knew from the title what the outcome was . . . He made some pretty detailed findings . . .
Caplis: How'd you feel?
O'R: I was as boring as always . . . (this is all paraphrased, by the way) . . .
S: How many hours did you put in on this?
O'R: Me no know, big buddy. We were on our toes the whole time. David Lane has my tremendous respect . . . But the university was vindicated in saying we get to say what good scholarship is . . .
Silverman: How do you like your chances on appeal?
O'R: I like them. The judge cited some very specific evidence . . . I heard David Lane's press conference, and I'd be upset too . . .
Lane presser: [Naves] is ignoring the law and the jury, and the whole jury system of the state of Colorado . . . [that'll work]. . .
Oops, that's all they had time for . . .
Update XIV: I made several comments over at Benjie's place, two of them were "Heh." The other was "You lose." All deleted. What a putz.
Update XV: Smiley O'Reilly mentioned it, but to no point.
Update XVI: NYT: "The ruling is a clear victory for the university."
Update XVII: JWP has underemployed Hollywood Indian and alleged murderer Russell Means' reaction. Pompous, as always. Rigoberto Menchu, Russ? Please.