Here is a link to the Academic Personnel Manual from UC that Dean Edley is referencing when he sites “section E” as a reason why Yoo cannot be removed (yet):

http://manuals.ucdavis.edu/apm/apm-toc.htm

The document he mentions is APM-015. If you look at the sections above “section E.” one gets the distinct impression that Dean Edley is trying to argue against applying sections C. and D. in his website letter but does not list them since, well, he probably has some holes in his letter’s logic and rationalization of not beginning an assault on Yoo’s tenure at UCB. These sections deal with ethics and outside work meeting academic and field of expertise standards.

My thoughts on where Yoo is currently vulnerable is at Berkeley. In Pennsylvania, if he is in fact a member of the bar there, an on going ethics complaint might help too.

In any case, Edley is basically declaring that someone else is going to have to work to remove Yoo as he’s washing his hands of it until he sees legal convictions involving Yoo’s legal opinions and other actions. This is typical of academic administrators, not just at UCB. So, it is now up to the facility to raise the issue…and the students…I mean, why wouldn’t it be an expression of their right to free speech to wear black arm-bands to class, etc?

People like Yoo make me sick–he is an enablers of the lowest common denominator of human depravity…sadly, at the highest levels of our own government. And I can hardly wait to see all the other memos that implicate him in a conspiracy to secretly subvert our Constitutional Bill of Rights.

Other documents of interest in the TOC at UC Davis are APM-010 and APM-016…

–Timbo

Let Yoo get tenure in the court of public opinion and let’s see how that works out.

I’d strike him from being the Executive Director of the special group he was appointed to.

He shouldn’t be allowed time of to go to conferences, association meetings, libraries, to be a guest lecturer, etc. He’s been grated enough time away to make up for decades. No travel money, no per diems. Give him a very small office. have him deal with the issue and burden of his “free speech” himself…though require him to deal with correspondence on it professionally and with reference to established law. Require him to submit copies all letters dealing with the issue to the University. Require him to hold open-ended Q&A sessions several times a year to respond to critics and discuss his actions while serving in the Justice Department.

Make him surrender any other appointment (e.g. the AEI post) and devote his full attention to Boalt. If not ask him to accept one or the other appointment.

The UC Policies are quite specific on the importance of teaching during the first years after an initial appointment and subsequently.
UC Office Of The President Regulations on Tenure Bothe Teaching and Departmental/College Service requirements are such that they would require consistant residency in Berkeley. Yet Yoo spent several of his first years as a professor “at Berkeley” in Washington DC, first as a Clerk to Clarence Thomas, and then as Counsel to the Senate Judiciary Committee. Then he returned to Cal, just before receiving tenure. I just don’t understand how he could have obtained the requisite service either as a teacher or in Departmental Service. Publications, yes perhaps…but that’s just a portion of the requisite. And if progress isn’t made every two years in each area the two year contract can, and should be, terminated.

Once Yoo received tenure security in 1999 he almsot immediately took yet another leave of absence to serve in the Justice Department. After several years doing that (2000-2005) he then accepted Visiting Professorships at the University of Chicago, the Free Universiteit in Amsterdam and in Italy. He also served as a Visiting Fellow at the American Enterprise Institute.

How can this be adequate to fulfill his status teaching. Why were the four visiting Professorships granted after such a long period away from Cal? There are major questions as to who is allowing Yoo to spend so much time away from his regular responsibilities. Is someone keeping him away from students to conceal a more general incompetance, or to prevent them from acquiring erroneous information or methodologies?

And conflicts with outside work commitments are exactly the sort of “incompetence” that is actionable in post-tenure review. Such work, if it interferes with teaching responsibilities, may result in dismissal.

Let’s face it – if Mukasey didn’t ‘Believe’ in an Extra-Constitutional Sovereign *more* than his Better Judgment told him that Ours is a Government of the People, by the People, and the Rule of Law, then We wouldn’t be jumping through these Crazy-making Hoops to ‘Legalize’ or to Boot-strap ‘Legality At The Time’ the War Crime of Waterboarding, based on Bush’s UE Power to Declare What Words and Treaties ‘Really’ Mean.

Mukasey HAS been Balancing the UE vs US – all by himself. While he’s less obviously biased than Gonzo, he’s still a True Believer, all the same.

And Bush is using his ‘Beliefs’ – primarily that Mukasey Believes That He, Mukasey, is The Deciderer in This Time of Crisis – the new fucking Al Haig – to block both the Congress and the Courts.

Mukasey has Drunk the Kool-Aid and made his position as AG the Political Tool of Bush the UE, whom he Believes in.

So much for Prosecutorial Independence in BushWorld…

[he (john yoo) enjoys not only security of employment and academic freedom, but also First Amendment and Due Process rights.]

i would bet it was said earlier above, but i am not going to wade thru all the comments to find out,

so,

john you enjoys first amendment and due process rights?

of course! he is an american citizen.

and jose padilla?

he is an american citizen, too.

why the one and not the other?

some porkers are more equal than others, i guess.

this dean does what all deans do:

when one of their star acquisitions is in trouble – he honors “the academy’s” traditions.

the good dean edley, being a lawyer one presumes,

also leans on the american constitution, as, no doubt, he was trained to do.

but he does not suggest his analysis be extended to padilla.

“a judge

and a good judge, too.”

I would think that a better way for Dean Edley to think about it is to consider that one of his tenured Professors opened a brothel with John Yoo, University of California-Berkeley School of Law Professor on the front door, or maybe sold Snake Oil by John Yoo, University of California-Berkeley School of Law Professor. How about John Yoo, University of California-Berkeley School of Law Professor says that pedophilia is not a crime? Academic Freedom and Certifying Torture, Invalidating the Constitution, and Revoking the Geneva Conventions are very different things.