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Author: William A. Jacobson

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William A. Jacobson

William A. Jacobson is a Clinical Professor of Law and Director of the Securities Law Clinic at Cornell Law School.

He is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.

Prior to joining the Cornell law faculty in 2007, Professor Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.

Professor Jacobson has argued cases in numerous federal and state courts, including the Courts of Appeal for the First, Fifth and Sixth Circuits, and the Rhode Island Supreme Court.

Professor Jacobson has a national reputation as a leading practitioner in securities arbitration. He was Treasurer, and is a former member of the Executive Committee and Board of Directors of the Public Investors Arbitration Bar Association, a professional organization of attorneys dedicated to protecting public investors. He frequently is quoted in national media on issues related to investment fraud and investor protection, and in the past has served as one of a small number of private practice attorneys who trained new arbitrators for the Financial Industry Regulatory Authority.

Professor Jacobson is co-author of the Securities Arbitration Desk Reference (Thomson-Reuters), updated annually.

Professor Jacobson is frequently quoted in the media on political and legal topics, has authored many Op-Eds in major publications, and appears on television and radio to discuss politics and the law.

A more complete listing of Professor Jacobson's professional background is available at the Cornell Law School website. The views expressed here are his own and not those of any employer or organization,

The best way to reach Prof. Jacobson is by e-mail here.

There was a double suicide bombing targeting the Iranian Embassy in Beirut earlier today. There are at least 25 dead, including one diplomat. An al-Qaeda linked group is claiming credit, but the Iranians are blaming Israel. The bobming is assumed to be in retaliation for Iran's involvement in...

UPDATES: Judge finds probable cause (no surprise). Prosecutor discloses unreported prior choking incident about a week ago. State asked for $50,000 bond, and certain exclusion zones, no contact, no weapons possession, etc. Defense asked for $4,900 based on state bond schedule. Judge sets $9,000 bond. Can't return to girlfriend's residence, except if accompanied by law enforcement one time. [corrected - later in hearing judge said Zimmerman should send someone else.] Can't have contact with girlfriend. No possession of firearms. Will have tracking device. No traveling outsided Florida. Judge: "I'm not increasing your bond because of anything that happened in the past. As far as I'm concerned, this is a brand new case." [caption id="attachment_71235" align="alignnone" width="624"](George Zimmerman with his attorneys at November 19, 2013 bond hearing) (George Zimmerman with his attorneys at November 19, 2013 bond hearing)[/caption]

We have addressed many times recently the misleading claim that support for the Tea Party Movement was at historic lows or reflected the near-end of the movement: The ABC News - Washington Post poll released just after midnight has generated headlines for the sharp decline in Obama's favorability ratings by just about every measure, and the growing unpopularity of Obamacare. But there is a hidden gem in the poll that is not receiving much attention.  Support for the Tea Party movement is at 38% for all registered voters, not far below the 41% approval rating and 46% favorability rating for Obama.  Moreover, 46% think the Tea Party has too little/just about right influence versus 43% who think it has too much influence.  49% think the Tea Party political views are about right or too liberal, versus only 40% who think too conservative. It's clear that support for Tea Party political views exceeds support for the movement, likely the result of years of demonization, culiminating in the recent Democratic Party eliminationist rhetoric directed at the Tea Party. In the serious of screen shots below, you can see some interesting details, including that Tea Party support comes from the more educated, and even has substantial support among non-whites, although lower than among whites.

The Cornell Review, the conservative newspaper on campus, has a long history of serving up great interns for Legal Insurrection. You may remember Kathleen McCaffrey who was the first Legal Insurrection writer (other than me) and to whom we bid farewell in May 2012 after 1.5 years and over 300 posts (and who recently got married, congratulations!); Michael Alan (who wrote from time to time, and also took the video of the Syracuse Honor Flight return), and of course, Laurel Conrad our current intern, and President of the Cornell Review. So it is with much pleasure that we note The Cornell Review has received the Buckley Award from the Collegiate Network, part of the Intercollegiate Studies Institute, which supports conservative students on campuses around the country. [caption id="attachment_71186" align="alignnone" width="350"](L-R: Collegiate Network program officer Lillian Gerken; Cornell Review President Laurel Conrad and Editor-in-Chief Michael Navarro; Intercollegiate Studies Institute Pres. Chris Long) (L-R: Collegiate Network program officer Lillian Gerken; Cornell Review President Laurel Conrad and Editor-in-Chief Michael Navarro; Intercollegiate Studies Institute Pres. Chris Long)[/caption] Here's the statement read at the award ceremony:

Spotted in Ithaca. The sticker on the right, partially removed, says "Shut Vermont Yankee Now," in reference to the nuclear power plant. She's about to get her way, that is, if they can figure out how to shut it down....

Martin Bashir said he hoped someone would shit and piss in Sarah Palin's mouth. Seriously. The absurd logic was that because Palin compared the national debt to slavery, she deserved to be given a horrific slave torture. Many people, including the folks at Twitchy, debunked the notion that comparing indebtedness to slavery was unusual. Slave references, much like the overused Nazi comparisons, are all too common, including by Bashir. Should we wish that everyone who uses a strained Nazi analogy should have their skin peeled off them and turned into lamp shades? Even in the low world of MSNBC, this was low. MSNBC didn't seem to mind much, though. What a cesspool MSNBC has become. Really MSNBC executives, what is wrong with you? Have you lost your minds? Are you so corrupted by your ideology? Lean forward? How about rehab for your business strategy instead. But the firestorm of controversy has forced Bashir into an apology.

Supreme Court Justices occasionally issue statements in connection with the Court's decision not to accept a case for review.  Sometimes the statement is in the nature of a dissent, other times just to make a point. Justice Alito has issued a blistering statement in connection with the Court's denial of a Petition for Writ of Certiorari in the case of Martin v. Blessing.  Justice Alito did not disagree with the decision not to take the case in light of the fact that the issue involved appeared isolated. The issue was the practice of U.S. District Judge Harold Baer in the Southern District of New York in requiring that class action counsel ensure that attorney staffing of the case reflect the racial and gender of the class.  That practice, apparently unique to Judge Baer, sparked a lengthy statement by Justice Alito warning that if the Court of Appeals does not address the situation, future Supreme Court review may be warranted. Think about it for a second.  While Judge Baer's intent undoubtedly is to bring diversity to the case, what if the class itself is non-diverse?  What if the class constituted almost entirely white males, would Judge Baer insist that only white male attorney staff a case?  I think not. Justice Alito's statement was part of an Order list issued this morning.  I have extracted Justice Alito's Statement, which is embedded at the bottom of this post.  Here's an excerpt (emphasis added):
The petition in this case challenges a highly unusualpractice followed by one District Court Judge in assessingthe adequacy of counsel in class actions. This judge insiststhat class counsel “ensure that the lawyers staffed on the case fairly reflect the class composition in terms of relevant race and gender metrics.” App. to Pet. for Cert. 35a. The uniqueness of this practice weighs against review by this Court, but the meaning of the Court’s denial of the petition should not be misunderstood.

Almost exactly one year ago reports surfaced that Valerie Jarrett was engaged in "secret" negotiations with Iran as Obama's personal emissary. The reports originated with Iranian bloggers, and was reported also by The New York Times. The Obama administration categorically denied the reports. Now Israeli television is reporting similar involvement, via the Times of Israel, ‘Geneva talks a facade, US-Iran worked secretly on deal for past year’:
The Geneva negotiations between the so-called P5+1 powers and Iran are a mere “facade,” because the terms of a deal on Iran’s nuclear program have been negotiated in talks between a top adviser to President Barack Obama and a leading Iranian nuclear official that have continued in secret for more than a year, Israeli television reported Sunday....

White House spokesman Bernadette Meehan was quoted by Haaretz as saying that the report was “absolutely, 100 percent false.”

The report, which relied on unnamed senior Israeli officials, said the US team to the secret talks was led by Obama adviser Valerie Jarrett. Her primary interlocutor, the report said, was the head of the Atomic Energy Organization of Iran, Ali Akbar Salehi. The talks have been taking place in various Gulf states.

In June of 2009, when what became Obamacare was in its earliest discussion stages, we noted that Deception and Tyranny Were The Key To Health Care Reform. We are seeing how that is being exposed through the knowingly false sales pitch that you could keep your...

As the sham sales pitch and flummoxed policy behind Obamacare are exposed the attempts to portray opposition as a reaction to Obama's race are ramping up with renewed vigor. Yet the evidence is becoming more clear that it is not race that is the problem, it's Obama. Fouad Adjami has a perceptive column (h/t Hot Air), When the Obama Magic Died:
A nemesis awaited the promise of this new presidency: Mr. Obama would turn out to be among the most polarizing of American leaders. No, it wasn't his race, as Harry Reid would contend, that stirred up the opposition to him. It was his exalted views of himself, and his mission. The sharp lines were sharp between those who raised his banners and those who objected to his policies. America holds presidential elections, we know. But Mr. Obama took his victory as a plebiscite on his reading of the American social contract. A president who constantly reminded his critics that he had won at the ballot box was bound to deepen the opposition of his critics. A leader who set out to remake the health-care system in the country, a sixth of the national economy, on a razor-thin majority with no support whatsoever from the opposition party, misunderstood the nature of democratic politics. An election victory is the beginning of things, not the culmination.
It started long before Obamacare.  It started at the earliest point in Obama's presidency, the Stimulus.

The students who shouted down Ray Kelly at Brown University have received some support on campus, most notably from three faculty members, Linda Quiquivix, Naoko Shibusawa, William Keach. The Brown administration, however, was not at all pleased and is convening a panel to examine whether to commence disciplinary action against the shout-downers for violating campus policy. There also has been widespread condemnation of the shout-down from students, who according to one poll, overwhelmingly were against the shout-down, but not against a protest outside the lecture hall. Brown Daily Herald poll Ray Kelly protest The majority of students at Brown appear able to distinguish that which Profs. Quiquivix, Shibusawa and Keach, and the student protesters themselves are unable to do: It's one thing to protest, it's another thing to shout-down. The shout-downers are in a hole, so they have decided to keep digging, with an "anonymous" column in The Brown Daily Herald, Organizers and supporters of the demonstration against Ray Kelly: Standing for racial justice: A public statement . It is a model of how grievance politics and loopy leftist social power theories pervert campus politics.  There was nothing that prevented the students from presenting their own views; they could have held a counter-lecture, protested outside (which they also did), or done any number of things to get their view across and present counter-arguments.  Instead, they opted to prevent Kelly from speaking, and thereby crossed a line which apparently is invisible to them. Read the whole thing, here's an excerpt:

A brutal 12 hour drive yesterday round trip from Ithaca to JFK including wait/circle time has left me pretty much blitzed.  It was a Saturday, and we still needed to spend the trip fighting traffic jams in the NYC vicinity.  Why anyone would want to live that way is beyond me. So I'm out of touch on what's been happening the past 24 hours. I did notice a few things this a.m. Israel is rolling out the red carpet for French President Hollande, who saved the world from a really bad Iran deal, so far. Let's see if it holds up. https://twitter.com/einfal/status/402086267317653504 This is possibly the most stupid article I've ever read, 12 Reasons Why Obama Is One of the Best Presidents Ever . In a make-believe fantasy world, the article is spot on:
3. He is for one race -the human race. In just a few short years, Obama's professional achievements and continued demonstration of equality and integrity have done wonders for race relations. America has never been more unified as a people than it has been under the direct leadership of Barack Obama. Finally, the racial lines that have divided blacks and whites for decades seem to be narrowing.
Here's a good example of reality, something I had hoped to write about for the Saturday Night Card Game last night but was not able to get to, via Fire Andrea Mitchell, San Francisco BatKid Miles Scott gets grief because he’s white. The user for the featured image/tweet has taken her account private, but it lives on in Google Cache

Wouldn't want to exclude veterans of foreign armies from Veterans Day honors, now would we? Harvard Law internationalizes Veterans Day (Update – Harvard responds) At least something is booming: Student Loan Debt has Increased 463% Under Obama Just try it, go ahead, make my day: Chicago State Tries to Close...

Hawaii did not submit its Obamacare enrollment numbers in time for the release on Wednesday. Hawaii just released its numbers, Pacific Business News reports, Hawaii Health Connector says only 257 have enrolled so far:
Only 257 individuals in Hawaii have enrolled in health-insurance plans through the Hawaii Health Connector as of Friday, a spokesman confirmed to Pacific Business News. That figure comes two days after the U.S. Department of Health & Human Services released an updated enrollment report that found only 106,185 Americans have selected health insurance plans through the online health insurance exchanges out of 846,184 completed applications. Hawaii was one of three states that did not submit enrollment numbers in time for that report. But the state did share in that report that there have been more than 1,750 completed applications, more than 2,370 individuals applying for coverage and 1,156 eligible to enroll.... The Hawaii Health Connector held a meeting with its board of directors Friday afternoon that was aired live on the Hawaii Health Connector’s YouTube channel. Some concerns and suggestions mentioned at the beginning of the meeting included a complex, long application process averaging 40 minutes, as well as needed improvements to the website to improve navigation and make it more user-friendly.
The Honolulu Star further reports (emphasis added):

We previously covered the plight of two Gonzaga University students who were threatened with expulsion for brandishing a licensed handgun in an off-campus, university-owned residence when a convicted felon tried to break into their apartment. Eventually they were placed on probation. Legal Insurrection reader Mike, who is from Washington State, forwarded me a Letter to the Editor of the Gonzaga Bulletin written by Fr. Patrick Hartin. Fr. Hartin is Professor of Religious Studies at Gonzaga, and an ordained priest of the Diocese of Spokane, Washington.  Prior to 1994 he was affiliated with the Diocese of Johannesburg, South Africa:
“Since grade school, I have been struck with concern about solidarity with the poor and less fortunate,” he said. “I was 10 when apartheid took over Anglican and Catholic schools so the education system would keep blacks subservient. Our bishop refused to hand over the Catholic schools and ran them on collections from parishes until 1994.
[caption id="attachment_70905" align="alignnone" width="350"](Father Patrick Hartin) (Father Patrick Hartin)[/caption] In the Letter to the Editor, Fr. Hartin supported the student's inherent right to defend themselves and harshly criticized the Gonzaga administration's treatment of the students (emphasis added):
After reading the Bulletin Friday morning, I’m convinced that I’m living in Alice’s Wonderland! Instead, it’s no “Wonderland” – more like Dante’s “Hell”! ....