Natelson seeks regents' help in clash with UM Law School

HELENA - 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. Natelson, who has twice run as a Republican for governor and led several ballot-issue campaigns to limit taxes, filed a formal appeal this week with Regents Chairman John Mercer of Polson. He asked that the regents consider his request or assign it to Higher Education Commissioner Sheila Stearns rather than allow it to be heard on the UM campus. He asked the regents to reverse the Law School decision and order him to be transferred to the constitutional law teaching vacancy. Natelson urged the regents to admonish the Law School "to reassess its policies and practices to assure that faculty members of all viewpoints receive equal opportunity and treatment in hiring, promotion, work practices, merit pay and faculty awards, and that there is greater viewpoint diversity among faculty." In addition, he asked the regents to order the Law School to file "a plan of affirmative action (but not preferential hiring) to assure that the goals of equality opportunity, equal treatment and intellectual diversity are met." This may include, he said, "reassessment of intellectual political bias, faculty sensitivity training and basic education in federal and state provisions against illegal discrimination."


The article goes on at considerable length from there. Unless I am badly mistaken, Prof. Natelson is the author of a fascinating law review article that I have cited numerous times. It is: Robert G. Natelson, "Comments on the Historiography of Condominium: The Myth of Roman Origin," 12 Oklahoma City University Law Review 17 (1987). He debunks the industry-promoted false history of condominiums that says they date back to "the hills of ancient Rome." Instead, he shows, the origins of condominium property lie in medieval German law. He traces the idea through history, until he shows that condominiums arrived in the US in the early 1960s by way of Puerto Rico. If you want more, you can read about German "story property" in Rudolph Huebner's A History of Germanic Privat Law, published back in 1918 and re-issued by Augustus M. Kelley in 1968.
Anyway, I think Prof. Natelson is quite a capable scholar, and if he is being denied the opportunity to teach constitutional law because of his political beliefs it would be a sad state of affairs.