Council of UC Faculty Association Report on Regents Meeting

Many of you may have already seen this, but I thought it was worth reposting the link to CUCFA President Bob Meister's report on the Regents Meeting. Much of what Meister is discussing has to do with the legality of the Regents' actions on J1 and J2. There are a number of interesting points in the report, but let me highlight just one here. Meister notes,

Both General Counsel and President Yudof indirectly conceded CUCFA’s argument that J2 cannot be passed under the authority of J1 (as a declaration of “financial emergency”). Their new theory is that J2 falls under the Regents’ “inherent power” and does not (never did) require the Standing Order amendment in J1. If this is so, all the language in J2 declaring a “financial emergency” is irrelevant this time around. It will become relevant only if the “financial emergency” is renewed under the procedures specified by J1.

Like Meister, I find this very strange. If J1 isn't necessary for J2, then why pass J1 first and then invoke it? Either the Regents have the "inherent power" for J2 or they don't. Moreover, the question of what is meant by "inherent power" deserves much more scrutiny, and it appears that CUCFA will continue to press for clarifications. At present, it sounds a lot like legalistic buttressing for a theory of absolute (Schmittian) sovereignty.