A storm brewin'

I've been tipped off by a couple readers about the storm developing in New Haven regarding the Yale Law Journal's decision to publish a symposium contribution -- entitled Control Mechanisms for Quasipublic Executives:  The Intersection of Corporate and Constitutional Law -- by Kiwi Camara and a frequent (and valued) commentator on this blog, Paul Gowder, who was a classmate of mine in law school.  I'm not sure how Paul got to know and co-write with Kiwi -- though perhaps they overlapped in law school and were introduced as among the youngest graduates of HLS in history -- but I'm pretty sure he wasn't responding to this unusual invitation by Kiwi.

The background story, in brief, is that a few years ago Camara used an offensive term in an outline that he posted on the HLS internet outline bank. As a result, Camara was at the center of controversy at HLS; I think there was even a New Yorker story about the tempest that his comment and subsequent response caused.   Now, post-clerkship with Harris Hartz on the 10th Circuit, Camara is at Stanford as an Olin Fellow.  He has written the above-mentioned piece with Paul, which they submitted to the YLJ for a symposium, and which was accepted on its merits.  (In this respect, kudos to Paul, who doesn't have an academic posting yet.) 

After the YLJ's acceptance of the piece, the YLJ's editors discovered Camara's earlier statements and  considered rescinding their offer to publish the piece and the invitation to speak at the symposium.  In the end, they decided not to rescind the offer.  And sure enough, there's now a blog that hosts discussion about the incident, mostly by Yale Law students.  Many of the comments on the blog are anonymous, which itself raises interesting questions.  Importantly, Paul denies that Camara is a racist, and recently forwarded an apology from Camara, which is pending publication on the blog.  (Update: I have received a copy of the apology which you can download here.)

Ultimately, much as I think Camara's comment was mean-spirited and bone-headed, I think the YLJ's decision to not rescind the offer to publish the piece is correct.  Camara hasn't commited a crime, and even if he had, I don't think the YLJ should be in the business of googling or ferreting out the bad actions of every person they decide to publish.  Many law profs have spots on their moral pasts and it would be surpassingly odd (and unfortunate) if good moral character had to be proved before publication in a law review could eventuate.  It's true that the YLJ is not a public forum and the editors have broad editorial discretion; such discretion may lawfully be used to publish only fellow travelers or non-offensive speakers.  But the question here is about moral judgment.  And it's a tough one. 

As one comment noted, Heidegger was a Nazi--does that mean we shouldn't assess the arguments he made?  No.  Would it mean the YLJ (or some comparable journal in philosophy and social thought) should publish Heidegger simply because of the work's contributions? Not necessarily.  But to the extent that the YLJ shouldn't publish scholarship by Nazis, it's worth noting that Camara's comment doesn't make him the moral equivalent of a Nazi.  Paul, whom I know somewhat, engages the topic at length in the comments to the blog and vouches for Camara as a non-racist; Paul is, as readers of this blog know from his comments, a left-wing civil rights lawyer, and half-Black.  His endorsement carries some weight with me, especially since he has offered to pull his name from the piece if any other evidence of Camara's racism comes to the fore.   Along with the other comments, the discussion at the blog provides a worthwhile read.

No doubt this event is frustrating for Paul--though I doubt it will have any long-term effect on him.  Camara is another story.  Notwithstanding his evident work habits, Camara will have to make a convincing mea culpa before the academy welcomes him in it on a full-time basis and  I suspect some law firms and/or law schools will be or have been hesitant to interview Camara because of this entire incident. 

Update: Camara has issued his apology (I received a copy of it from Paul, so I assume it's authentic).  I'm quite certain that it won't mollify everyone, but it might persuade some.