University of Montana Law School Ordered

to let Prof. Natelson teach constitutional law: As I reported in early July, quoting a local newspaper:

University of Montana professor Rob Natelson, accusing the Law School of discriminating against him for years because of his conservative political views, has asked the state Board of Regents to overturn a decision denying him the opportunity to teach constitutional law. . . .

In his appeal, Natelson cited the Montana Constitution ban on political discrimination and said political discrimination by state agencies can be unconstitutional under the 14th Amendment to the U.S. Constitution. . .

A hearing officer has ruled that Prof. Natelson was indeed wrongly denied the opportunity to teach constitutional law, and should be allowed to do so; and the University President has therefore ordered the Dean of the law school to let Prof. Natelson teach the class. The decision, though, was based on the law school’s having not followed its own traditional informal rules on the matter; the hearing officer said he didn’t have to decide whether political discrimination was present. Some of Prof. Natelson other charges, also mentioned in my earlier post, were also seemingly not reached.

The fabulous UCLA Law Library has gotten me copies of the hearing officer’s opinion and the President’s decision, so I’ve put them on the Web for those who are interested.

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