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Sujit Choudhry

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Sujit Choudhry
Born1970 (age 53–54)[1]
New Delhi, India[2]
Alma materMcGill University (BSc)[3]
University of Oxford (B.A.)
University of Toronto (LL.B.)
Harvard Law School (LL.M.)[4]
Occupation(s)Lawyer, legal scholar
Years active1996–present
AwardsRhodes Scholarship
Cecelia Goetz Professorship
William E. Taylor Memorial Fellowship
Frank Knox Memorial Fellowship[4]
Dean of UC Berkeley School of Law
In office
2014–2016
Preceded byGillian Lester (Interim Dean)
Succeeded byMelissa Murray (Interim Dean)

Sujit Choudhry is a lawyer, legal scholar, and expert in comparative constitutional law.

Choudhry was on the faculty at the University of Toronto and New York University School of Law before being named dean University of California, Berkeley School of Law. He stepped down from his position as dean in 2016 after being accused of sexually harassing an executive assistant,[5][6] which he denied,[7] paying a $100,000 settlement but retaining his position on the faculty.[8][9]

Early life

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Choudhry was born in New Delhi in 1970.[10] He went to the University of Toronto Schools for high school. He received a BSc in biology from McGill University in 1992, a B.A. (with first-class honors) in Law from the University of Oxford's University College, in 1994, before attending the University of Toronto, graduating with an LL.B. (with honors) in 1996, and an LL.M. from Harvard Law School in 1998.[11] He was a Rhodes Scholar at the University of Oxford, and had a Frank Knox Memorial Fellowship from Harvard University and the William E. Taylor Memorial Fellowship from the Social Sciences and Humanities Research Council of Canada (SSHRC).[10]

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Early career

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Choudhry joined the faculty of the University of Toronto in 1999[12] and received tenure in 2004.[13] As of 2006 he was professor and the Scholl chair in law at the University of Toronto.[14] From 2008 to 2011 he served as associate dean.[15] Choudhry left the University of Toronto in 2011 when he was hired by New York University.[16][17] At NYU, Choudhry was the Cecelia Goetz Professor of Law and the faculty director of the Center for Constitutional Transitions in 2012.[18]

UC Berkeley and sexual harassment lawsuit

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In June 2014, Choudhry became Dean of Law at the University of California, Berkeley School of Law,[16] where he was also named the I. Michael Heyman Professor of Law. In March 2015, he was accused of sexual harassment by his executive assistant, Tyann Sorrell.[19] Choudhry denied sexually harassing Sorrell, but acknowledged giving hugs and kisses without sexual intent.[7] The university's office for the prevention of harassment and discrimination concluded that Choudhry's behavior had violated campus sexual harassment policies, and also said sexual intent was not required to demonstrate a violation.[7][5][6] In March 2016, Sorrell filed a sexual harassment lawsuit against Choudhry in the Alameda County Superior Court,[20] and against the Regents of the University of California for their failure to respond effectively to her complaint against Choudhry.[21] Choudhry thereafter went on an indefinite leave of absence from his position as dean,[22][5][6][23] but continued to remain a member of faculty.[24] His return to the Berkeley campus in September 2016 as a member of faculty was met by a student protest.[21][25] The lawsuit resulted in settlement agreements, under which Choudhry agreed to pay a total of $50,000 to Sorrell's attorneys, a contribution that his lawyer William Taylor called "relatively minimal." Choudhry also agreed to pay $50,000 to charities of Sorrell's choice.[8][9] The university terminated the disciplinary process, and Choudhry was permitted to remain a member of the faculty "in good standing", until he "voluntarily" resigned the following year.[26] Choudhry sued Berkeley, alleging racial discrimination, but dropped the complaint following the settlement.[7][8]

Notable cases

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In 2005, Choudhry helped to draft a letter to the Canadian Parliament arguing that a proposal to outlaw same-sex marriage was unconstitutional.[27]

In 2021, Choudhry represented Canadian author Joel Bakan in a lawsuit against Twitter, claiming Twitter's refusal to publish a paid tweet promoting Bakan's documentary The Corporation violated Bakan's free speech rights; Choudhry also sued the Canadian government for failing to issue regulations that protect constitutional freedom of speech on technology platforms.[28] In 2023, the Ontario Superior Court ruled against Twitter's attempt to have the case thrown out.[29]

In 2021, Choudhry represented seven families in a citizenship case challenging the constitutionality of a 2009 change in the Canadian Citizenship Act.[30] He argued that the law unconstitutionally cut off birthright citizenship to children born abroad to Canadian parents who were also born outside Canada, effectively making the children stateless persons.[31]

Choudhry also participated in the Public Order Emergency Commission hearing of Trudeau's actions in October 2022.[32] He cross-examined the Prime Minister about his decision to invoke the Emergencies Act.[33][34] Choudhry questioned Trudeau on whether he properly disclosed information about deliberations leading to the decision.[35]

Scholarship

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Choudhry is an author of the books The Migration of Constitutional Ideas, Dilemmas of Solidarity, Constitutional Design for Divided Societies, Oxford Handbook of the Indian Constitution, Constitution-Making, Territory and Power in Constitutional Transitions and Security Sector Reform in Constitutional Transitions.

Choudhry co-authored a report titled "Semi-Presidentialism and Inclusive Governance in Ukraine" with Thomas Sedelius and Julia Kyrychenko which was presented in April 2018 before Ukrainian constitutional experts in Kyiv.[36] He is the Director of the Center for Constitutional Transitions.[37]

Academic service

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Choudhry was also a recipient of the Trudeau Fellowship and the South Asian Bar Associations of Southern California (SABA-SC) and Northern California (SABA-NC) each awarded him the "Trailblazer Award".[38][39][40]

In 2010, the Trudeau Foundation awarded Choudhry a Trudeau Fellowship.[41] The South Asian Bar Association of Toronto named Choudhry Practitioner of the Year in 2011.[42] In 2015, the South Asian Bar Associations of Southern California (SABA-SC) and Northern California (SABA-NC) each awarded Choudhry the "Trailblazer Award".[43]

Choudhry is the Director of the Center for Constitutional Transitions.[44] The Center for Constitutional Transitions partnered with the International Institute for Democracy and Electoral Assistance (International IDEA) on preparing a set of thematic research reports on constitutional design for Middle East and North Africa (MENA) post Arab Spring.[45] The United Nations High Commissioner for Human Rights has cited Choudhry's work in its reports.[46]

Selected publications

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  • Choudhry, Sujit (23 August 2006). "Worse than Lochner?". Access to Care, Access to Justice: The Legal Debate over Private Health Insurance in Canada: 75–100. SSRN 925937. Retrieved 10 December 2017.
  • Sujit Choudhry (2006). The Migration of Constitutional Ideas. Cambridge University Press. ISBN 978-0521173476.
  • Sujit Choudhry (2006). Dilemmas of Solidarity: Redistribution in the Canadian Federation. Toronto Press. ISBN 978-0802094070.
  • Sujit Choudhry, Michael Pal (2007). Is every ballot equal? : visible-minority vote dilution in Canada. Institute for Research on Public Policy, Montreal. OCLC 246907471.
  • Sujit Choudhry (2008). Constitutional Design for Divided Societies. Oxford University Press. ISBN 978-0-19-953541-5.
  • Sujit Choudhry (2008). Multinational Federations, Constitutional Amendment and Secession.
  • Choudhry, Sujit; Mehta, P. B.; Khosla, M. (2014). Oxford Handbook of the Indian Constitution. Oxford University Press.
  • Choudhry, Sujit; Ginsburg, Tom (2017). Constitution Making. Edward Elgar Publishing.
  • Sujit Choudhry (2019) Security Sector Reform and Constitutional Transitions (Oxford University Press).
  • George Anderson & Sujit Choudhry (2019) Territory and Power in Constitutional Transitions (Oxford University Press).
  • Sujit Choudhry, Michaela Hailbronner & Mattias Kumm (2024) Global Canons in an Age of Contestation: Debating Foundational Texts of Constitutional Democracy and Human Rights (Oxford University Press).

References

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  1. ^ Frey, Jennifer. "Introducing Sujit Choudhry | NYU Law Magazine". Blogs.law.nyu.edu. Retrieved 11 April 2016.
  2. ^ Rajghatta, Chidanand. "Indian-origin scholar Sujit Choudhry becomes dean of top US law school". The Economic Times. Archived from the original on 7 July 2014. Retrieved 25 August 2015.
  3. ^ Deepak Chitnis (1 July 2014). "Sujit Choudhry takes office as Dean of University of California Berkeley School of Law". The American Bazaar. Retrieved 24 January 2017.
  4. ^ a b "Ethnicity and Democratic Governance – Sujit Choudhry". Archived from the original on 15 July 2014. Retrieved 3 July 2014.
  5. ^ a b c "UC Berkeley law dean Sujit Choudhry resigns after sex harassment suit". CBS Local. 10 March 2016.
  6. ^ a b c "Berkeley law school dean resigns after sexual harassment complaint". CNN. 11 March 2016.
  7. ^ a b c d "Former Berkeley law school dean accused of sexual harassment reaches settlement". The Globe and Mail. 18 April 2017. Retrieved 13 May 2023.
  8. ^ a b c Lee, Chantelle; Lynn, Jessica; Pratt, Pressly (14 April 2017). "UC Board of Regents settles lawsuits with Sujit Choudhry, Tyann Sorrell". The Daily Californian. Retrieved 16 April 2017.
  9. ^ a b Hancock, Ben (15 April 2017). "Berkeley Law, Ex-Dean Settle Suits Over Alleged Sexual Harassment". law.com. ALM Network of Legal Publications, Events, Research, and Intelligence Tools. Retrieved 20 May 2017.
  10. ^ a b Constitutional Scholar Sujit Choudhry New Berkeley Law Dean by Susan Glass
  11. ^ Sujit Choudhry takes office as Dean of University of California Berkeley School of Law by Deepak Chitnis
  12. ^ Tamsin, McMahon (1 June 2000). "Law professor sees possible conflicts for Alberta doctors". Edmonton Journal.
  13. ^ "New Faculty". The Law School. 2011. New York: New York University Law School: 47. 26 September 2011. Retrieved 28 December 2022.
  14. ^ "U of T Law Professor and Law Alumni Association President Appointed to Legal Aid Ontario's Board". University of Toronto Faculty of Law. University of Toronto. Retrieved 29 December 2022.
  15. ^ "New associate dean of the first-year program: Benjamin Alarie" (PDF). Nexus: The University of Toronto Faculty of Law Alumni Magazine. Spring/Summer 2011: 35. 2011. Retrieved 29 December 2022.
  16. ^ a b Chitnis, Deepak (12 May 2014). "Sujit Choudhury named as new Dean of UC Berkeley School of Law". The American Bazaar. Retrieved 27 December 2022.
  17. ^ White, Patrick (4 February 2012). "I'm Gonna Overrule A Council Decision And Declare Transit City Dead And Bury The Eglinton Lrt And ... Actually Mr. Mayor... You Probably Can't Do That". The Globe and Mail.
  18. ^ Welikala, Asanga (22 July 2012). "Democracy, Pluralism And Constitutional Law: Remembering Neelan Tiruchelvam's Intellectual Legacy". Colombo Telegraph. Retrieved 27 December 2022.
  19. ^ Levin, Sam (26 April 2016). "'I was expendable': how UC Berkeley failed a woman being sexually harassed". The Guardian. ISSN 0261-3077. Retrieved 10 September 2020.
  20. ^ "UC Berkeley's Sujit Choudhry allegedly sexually harassed his employee: What you need to know". Firstpost. 3 October 2016. Retrieved 10 September 2020.
  21. ^ a b "Berkeley Students Protest After Professor Who Violated Sexual Harassment Policy Returns To Campus". BuzzFeed News. Retrieved 10 September 2020.
  22. ^ "UC Berkeley law dean resigns over sexual harassment lawsuit". The Guardian. Associated Press. 10 March 2016. Retrieved 10 September 2020. A written report from Berkeley's office for the prevention of harassment and discrimination concluded that Choudhry's behavior had violated campus sexual harassment policies. The dean did not dispute the substance of Sorrell's complaint, only whether the physical contact occurred several times a day or a few times a week, the report states.
  23. ^ "UC Berkeley law dean on 'indefinite leave' over sexual harassment suit". The Guardian. Associated Press. 10 March 2016. ISSN 0261-3077. Retrieved 10 September 2020.
  24. ^ Levin, Sam (7 September 2016). "UC Berkeley dean who violated sexual harassment policies returns to campus". The Guardian. ISSN 0261-3077. Retrieved 10 September 2020.
  25. ^ Ioannou, Filipa (7 September 2016). "Law school ex-dean's letter on sex-harassment case sparks protest". SFGate. Retrieved 26 August 2024.
  26. ^ Levin, Sam (18 April 2017). "UC Berkeley dean in sexual harassment case keeps tenure and avoids charges". The Guardian. ISSN 0261-3077. Retrieved 2 June 2023.
  27. ^ Makin, Kirk (25 January 2005). "Harper blasted on gay marriage". The Globe and Mail.
  28. ^ Galea, Irene (19 July 2021). "Vancouver author sues Twitter, Canada claiming violation of free speech and lack of regulation". The Globe and Mail. Retrieved 22 December 2022.
  29. ^ Blackwell, Tom (17 January 2023). "Canadian lawyers accusing Twitter of stifling free speech score first victory in novel lawsuit". National Post. Retrieved 30 January 2023.
  30. ^ Pauls, Karen (25 September 2022). "Can new legislation help 'Lost Canadians' be found again?". CBC News. Retrieved 22 December 2022.
  31. ^ Keung, Nicholas (20 June 2022). "'Kafkaesque': Will the infant son of a Ukrainian Canadian need to turn to Russia for citizenship?". Toronto Star. Retrieved 22 December 2022.
  32. ^ Ballingall, Alex; MacCharles, Tonda (25 October 2022). "Ottawa police, OPP and RCMP believed 'Freedom Convoy' protests could have been cleared without Emergencies Act, inquiry hears". Toronto Star. Retrieved 22 December 2022.
  33. ^ Ballingall, Alex (12 October 2022). "On eve of inquiry, civil liberties groups say Trudeau government must prove the Emergencies Act was needed to stop 'Freedom Convoy'". Toronto Star. Retrieved 22 December 2022.
  34. ^ Walsh, Marieke; Mcleod, Marsha (21 November 2022). "Use of the Emergencies Act was necessary, CSIS director testifies at inquiry". The Globe and Mail. Retrieved 23 December 2022.
  35. ^ Mcleod, Marsha; Walsh, Marieke; Curry, Bill (25 November 2022). "Trudeau says he made the 'right choice' to use Emergencies Act to end convoy protests". The Globe and Mail. Retrieved 15 December 2022.
  36. ^ "Semi-Presidentialism and Inclusive Governance in Ukraine". International Institute for Democracy and Electoral Assistance.
  37. ^ "Sujit Choudhry". Institute For Integrated Transitions.
  38. ^ Verma, Sonia (28 September 2010). "Trudeau's legacy pays the way for peace". The Globe and Mail.
  39. ^ Staff Reporter (23 March 2015). "South Asian Attorneys Honored at 22nd Annual SABA-NC Gala". India West. Retrieved 9 September 2017.
  40. ^ Staff Reporter (8 April 2015). "Three Honored at SABA Foundation Event". India Journal. Retrieved 9 September 2017.
  41. ^ Trudeau's legacy pays the way for peace by Sonia Verma
  42. ^ South Asian Bar Association of Toronto names Sujit Choudhry Practitioner of the Year
  43. ^ South Asian Attorneys Honored at 22nd Annual SABA-NC Gala
  44. ^ Institute For Integrated Transitions
  45. ^ Semi-Presidentialism As Power Sharing
  46. ^ Sujit Choudhry named next dean of Berkeley Law | NYU School of Law
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