An open letter regarding a controversial tenure decision at USC Law

The letter is here, and includes many prominent signatories (the letter is accepting more signatories as well).  The case concerns Shmuel Leshem, who was denied tenure in 2013; the controversy concerns the solicitation and use of confidential journal referee reports as part of the tenure process.  I would agree, for the reasons given in the letter, that that is not a proper use of such referee reports.  I do not know what role they played in the adverse tenure decision at USC, but the fact that they were even solicited and considered is surprising.