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Official Blog of the AALS Section on Contracts

Contracts News that Hits Home

There but for fortune . . . .  I spent three happy years teaching in the history department at the College of Charleston.  Having studied in New York for nearly ten years, I never imagined myself living in the South, but Charleston is a charming city, and the College of Charleston was a gem when I was there, with a dedicated faculty of scholars and teachers and an unbelievably beautiful campus.  When I learned that Charleston was opening a law school, I was very tempted to apply for a position.

Charleston
Broad St., Charleston, by Khanrak

Charleston’s Post & Courier reported on Monday that Charleston Law School (CLS) has terminated seven faculty members, including two tenured faculty members.  The two filed lawsuits in late June alleging breach of contract.  They are seeking an injunction that would allow them to retain their status as tenured professors while also enjoining the CLS’s owners from making expenditures that might otherwise be used to pay them their salary.  The two fired professors were signatories of a letter published by 17 CLS faculty members in the Post & Courier in mid May.  I assume that they are alleging retaliatory firing in violation of the very thing tenure is designed to protect.  Certainly, the optics are bad.  A preliminary injunction hearing is scheduled for the end of the month. 

I have no doubt that, if I had decided to apply for a faculty position at Charleston and been hired there, I would have signed that letter.  And then I too might be experiencing the joy of having to file a lawsuit in order to keep my tenured position.  I do not know enough of the details to speak to the merits of the professors’ claims, but my inclination it to root for them.

Stay tuned.