Erwin Chemerinsky is a left-of-center legal scholar and prolific author who is now Dean of the University of California’s Berkeley School of Hall, formerly known as Boalt Hall (named after a prominent 19th century attorney, John Henry Boalt, whose widow funded construction of the school’s initial building over a century ago). Berkeley’s law school was re-named—before Chemerinsky became Dean on July 1 , 2017—in part due to sensitivity regarding its namesake’s opposition to Chinese immigration and advocacy of the 1882 Chinese Exclusion Act. I raise this because the issue of heightened “sensitivity”—frequently resulting in the removal or re-naming of historical memorials—currently roils higher education in a number of ways, including the suppression on campus of viewpoints considered to be objectionable.
Proponents of legal reform sometimes resemble the proverbial blind men inspecting an elephant. Depending on which part of the unfamiliar animal they are touching, the sightless examiners may think they are holding a tree trunk (leg), snake (trunk), rope (tail), spear (tusk), or fan (ear). The moral is that perspectives vary, producing widely disparate results.