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Reason
Reason
Eugene Volokh

"Alleged Discrimination at the University of Oregon School of Law," by Prof. Ofer Raban

Ofer Raban, who is a professor at the University of Oregon School of Law (but who, even more clearly than usual for a law professor, is speaking on behalf of himself and not the law school), passed along this item. I have no direct personal knowledge of the matter, but I thought Prof. Raban's report was interesting and potentially important. I have tried to obtain statements for publication from the law school and the law review, but have not gotten any; naturally, if I do get contrary accounts or perspectives, I'd be happy to pass them along.

From Prof. Raban:

The University of Oregon, the state's flagship public university, is presently investigating a claim of discrimination against an Israeli professor by the Oregon Law Review. Several law school administrators apparently knew of the discrimination, and a high-ranking administrator had even approved it. The target of the discrimination holds an American law degree and has been teaching intermittently in the U.S..

The events unfolded in 2024, after an Oregon Law Review editor recommended the publication of an article written by the Israeli professor. Conceding the article's merits, a second law review editor rejected the recommendation because the author was a faculty member at an Israeli university. The law review management agreed, claiming that publishing the article would be perceived as an endorsement of Israel in the Israeli-Palestinian conflict—although the article dealt with environmental law and had nothing to do with that conflict.

When the original reviewer objected that this may amount to unlawful discrimination, the matter was taken to a high-ranking law school official. A meeting was held, and the official reportedly gave the green light to the discrimination. At least two law school administrators, possibly more, were aware of the stated basis for the rejection and connived in it. A concerned member of the law review (who did not attend the meeting) was told that the law school's administration had cleared the discrimination.

The allegations may involve violations of state and federal anti-discrimination statutes, violations of the state and federal constitutions, violations of the university and the law school's own policies and regulations, and infringements of federal policies, the policy of the Association of American Universities (of which the University of Oregon is a member)—and the university's own statement—regarding academic boycotts of Israel.

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