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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.

With a fevered and frantic breathless pace, Obama via John Kerry has been pushing to sign a sell-out deal with Iran that would ease sanctions without shutting down Iran's nuke program. Benjamin Netanyahu was furious when he found out that Kerry had misrepresented what the proposed agreement would be, not to mention Kerry running at the mouth to bash Israel on the talks with the Palestinians. Netanyahu was not alone.  France was uncomfortable with the deal Kerry wanted to sign, even as Kerry huddled with the Iranians trying to get 'er done. Thank you France for at least buying us some time to prevent the historic sell out of Israel that was in the offing as recently as early today. Via NY Times, Talks with Iran Fail to Produce a Nuclear Pact:
In the end, though, it was not only divisions between Iran and the major powers that prevented a deal, but fissures within the negotiating group. Earlier in the day, France objected strenuously that a proposed deal would do too little to curb Iran’s uranium enrichment or to stop the development of a nuclear reactor capable of producing plutonium.

“The Geneva meeting allowed us to advance, but we were not able to conclude because there are still some questions to be addressed,” the French foreign minister, Laurent Fabius, told reporters.

The Times of Israel reports:

We have written many times before about the "white privilege" industry, a collection of self-perpetuating activists and academics who, not being able to demonstrate racism to justify their salaries and conferences, invent it. The lack of ability to prove racism becomes the best proof of racism.  It's everywhere, unspoken, unseen, lurking behind everything and every person with white skin (whatever that is). It is .... White Privilege. White privilege is adopted wholesale as Salon.com and elsewhere in the left blogosphere as well because it can't be disproven.  It is a prime example of Kafkatrapping -- the denial is the proof. Particularly when combined with maleness and Christianity, white privilege becomes the Swiss Army Knife of race cards. Or maybe the Energizer Bunny is a better reference, because it just keeps going, and going, and going. It's easy to laugh, except when you consider how deeply these theories have has permeated into society. So much so that the Pentagon is preaching the evils of "white privilege" and a male club, as part of its training materials for Equal Opportunity officers. Pentagon training manual: white males have unfair advantages:
A controversial 600-plus page manual used by the military to train its Equal Opportunity officers teaches that "healthy, white, heterosexual, Christian" men hold an unfair advantage over other races, and warns in great detail about a so-called "White Male Club." “Simply put, a healthy, white, heterosexual, Christian male receives many unearned advantages of social privilege, whereas a black, homosexual, atheist female in poor health receives many unearned disadvantages of social privilege,” reads a statement in the manual created by the Defense Equal Opportunity Management Institute (DEOMI). The manual, which was obtained by Fox News, also instructs troops to “support the leadership of people of color. Do this consistently, but not uncritically,” the manual states.

What do you call 8-9 million people losing health care coverage they like in a nation of 300 million? A rounding error? Actually, probably more like 15 million at the low end, several tens of millions at the high end. But I'm not going to quibble over a few million people here or there. You know who else didn't quibble over a few million people here or there? Via MaggotAtBroadAndWall in the Tip Line
The first minute of his clip needs to be embedded on every blog, facebook page, etc. to ensure that everyone knows with unequivocal certainty that Obama deliberately and repeatedly lied to facilitate passing Obamacare under fraudulent conditions. Everybody in his administration was complicit in the fraud. As was much of academia.
Transcript via John Nolte who also has a longer video clip:

From Kurt Schlichter, "thanks, suckers": Young Obama Supporters Get Straight Talk from Conservative California Lawyer Tin Soldiers coming: Kent State Says “Aloha” to $17,000 for Hawaiian Sex Week Hey Tin Soldiers, don't lean forward: Gay Sex Pundit’s $24K Lecture on Fisting and Fetishes [Pro tip: The two links above are what...

I have been telling you for at least a year that Elizabeth Warren will be a serious challenger to Hillary, if she wants it. You have to realize that Democrats in general, and particularly the liberal base, don't give a hoot about Warren's rip-off of Cherokee...

Hi Professor, These photos might not seem extraordinary except I took them in Malibu. I spoke with the owner -- lovely woman immigrant from Eastern Europe communism. She laments the insanity of Americans who vote to make the US like the hell hole from which she escaped. Best, Bruno...

We are on the cusp of the most historic sell-out of Israel by any United States administration. We told you all along that in his second term Obama would impose a settlement on Israel according to what he viewed as reasonable: Obama will force his vision of a...

On October 27, 2013, 60 Minutes ran a blockbuster story of a Benghazi witness who dramatically told of his presence on the scene the night Ambassador Christopher Stevens was killed. His story of being on the scene was new, his information regarding prior warnings was not new. The failure of the Obama administration to provide protection and the cover-up that the attack was the result of a spontaneous protest are the scandal. That's why we headlined the 60 Minutes report that 60 Minutes "confirms" the scandal, 60 Minutes confirms Benghazi is a real scandal, and you’ve been lied to. We weren't the only one seeing that the scandal information confirmed prior reports.  Dave Weigel at Slate.com, in trying to minimize the damage to Obama, wrote What Did We Learn From the 60 Minutes Benghazi Report?:
But the report tells us more about what we've known for a year, and known in detail since the spring of 2013. Lara Logan's big coup is an interview with a British security officer who uses a psuedonym; her other on-camera sources, Andy Wood and Gregory Hicks, had testified before the House Oversight and Government Reform Committee.... This colors in some of the story, but it doesn't advance the scandal. The Stevens cables that warned State about what might happen were revealed almost a year ago, sparking off some minor head-rolling at State but not much else. What conservatives want to know—and when I go to conferences or political rallies, I hear this—is what Barack Obama and Hillary Clinton were doing on the night of the attack, and whether they heard earlier warnings but ignored them.
The scandal part of Benghazi now will be lost in the media narrative because it turns out that 60 Minutes star witness may not have been on the scene.  His dramatic story of his own heroics that night appears to be false, or at least subject to serious doubt.

John Kerry's public warning to Israel that it will face a 3rd Intifada and international delegitimization unless it relinquishes "illegitimate" settlements and a final peace deal does not leave a single Israeli solder in the West Bank, was a clear threat. The threat took place in an interview with Israeli and Palestinian television, as reported by The Times of Israel, Kerry slams Israel’s West Bank policies, warns of 3rd Intifada (emphasis added):
US Secretary of State John Kerry launched an unusually bitter public attack on Israeli policies in the West Bank Thursday, warning that if current peace talks fail, Israel could see a third intifada and growing international isolation, and that calls for boycott, divestment and sanctions would increase. Kerry made the comments during a joint interview with Israel’s Channel 2 and the Palestinian Broadcasting Corporation.

“The alternative to getting back to the talks is the potential of chaos,” Kerry said. “I mean does Israel want a third Intifada?” he asked. “Israel says, ‘Oh we feel safe today, we have the wall. We’re not in a day to day conflict’,” said Kerry. “I’ve got news for you. Today’s status quo will not be tomorrow’s…” Israel’s neighbors, he warned, will “begin to push in a different way.”

The secretary went on: “If we do not resolve the issues between Palestinians and Israelis, if we do not find a way to find peace, there will be an increasing isolation of Israel, there will be an increasing campaign of delegitimization of Israel that’s been taking place on an international basis.”

Turning to settlements and Israel’s presence in the West Bank, he added: “If we do not resolve the question of settlements, and the question of who lives where and how and what rights they have; if we don’t end the presence of Israeli soldiers perpetually within the West Bank, then there will be an increasing feeling that if we cannot get peace with a leadership that is committed to non-violence, you may wind up with leadership that is committed to violence.”

The highlighted words have a lot of meaning in the context of the dispute, particularly with regard to BDS and delegitimization.

It's broken windows theory, at a very personal level. If you hang out with people who have zero respect for our laws and who think it is their right to mock us openly and dare us to deport them in accordance with law (knowing full well the political theater that would create), why are you so surprised that they secretly record your meeting and then use it to help their cause even if it embarrasses you? Really, Democratic Representative Luis Gutierrez from Illinois, why did you think there would be any honor from these people and that they wouldn't break your window after breaking our immigration windows? Via Fox Latino, Leading Pro-Immigrant Congressman Severs Ties With DREAMer Groups; Calls Them Manipulative, Racists:
U.S. Rep. Luis Gutierrez, the vocal proponent in Congress for a change in policy that would give undocumented immigrants who were brought to the United States as minors a chance to legalize their status, has cut off ties with two groups that have coordinated provocative protests in recent months. Gutierrez, a Democrat from Illinois, on Monday evening issued a press release announcing that he was no longer going to work with the National Immigrant Youth Alliance (NIYA) and their affiliated advocates at DREAMActivist.org. The congressman said the final straw in a series of actions by the groups that he has found unsettling was the secret recording by a NIYA representative of what was to have been a confidential discussion last week between Gutierrez and parents of immigrants who are being held in an immigrant detention center in El Paso, Tex. "It just shows me how dangerous they are," Gutierrez said in an interview Tuesday with Fox News Latino....
As to the racism part, you have enabled that too.

Hello?! I run this place.  Quote me, me, me! Patrick Maines, President of The Media Institute, writing in USA Today, quotes Legal Insurrection commenter Moonstone716 regarding the Brown shout down of Ray Kelly, Political divide hurts college free speech: As one commenter poignantly observed in reply to coverage...

One part of my communications with Brown Prof. Naoko Shibusawa has stuck in my mind:
"You can quote those two lines. Those only."
Shibusawa is the person featured in my post Tuesday night, Brown U. divestment committee faculty member signed 2009 letter calling Israel Apartheid state.  The post started by referencing her support for the Brown shout-down of Ray Kelly expressed in her Letter to the Editor of the Brown Daily Herald:
"... I want to point out that every movement toward social justice in U.S. history has included “misbehavior.” “Misbehavior” is a tactic of the disempowered toward disrupting the status quo.... So unlike [Biology Prof. Ken Miller who denounced the shout-down], I applaud the student protesters for their moral courage in a righteous cause against racial profiling and brutal police tactics and for their resolution in the face of the harsh criticisms they have since endured. I am proud of you. You inspire me to try to be a better teacher, scholar and person.
Shibusawa initially told me by phone “I don’t know what the purpose is [of my call] and what you want to do” and “I’ve checked out your blog.” She continued, that it “looks like you want to portray me as some sort of extremist” but “I believe in social justice.” Shibusawa then said, “You can describe me as extreme.” Fair enough.  But then the follow up email, telling me what I was allowed to say about the conversation (emphasis added):

Ace describes this as sort of true (quote from Daily Caller)
“Bobby Jindal and his political team totally blew it,” harrumphed one advisor for Ken Cuccinelli the morning after a closer-than-expected loss. Cuccinelli, who narrowly lost last night’s gubernatorial election to Terry McAuliffe, was badly outspent in the days and weeks leading up to the election. The New York TimesJonathan Martin described Cuccinelli’s plight as having been “close to abandoned at the end.” He was. As Politico’s James Hohmann reported, ”The Republican National Committee spent about $3 million on Virginia this year, compared to $9 million in the 2009.” And as the Roanoke Times noted, in 2009, the Chamber of Commerce spent $973,000 on Bob McDonnell, but “[t]his year, the chamber gave Cuccinelli nothing.” But it was the Republican Governor’s Association (RGA) and chairman Bobby Jindal who drew the most ire from a Cuccinelli advisor I spoke to on Wednesday morning — this, despite the fact that the RGA spent millions on the race.
The gripe against the RGA is that it spent money on ads itself, rather than giving the money to the Cuccinelli campaign directly, as the Democratic Governors Association did for McAuliffe, who used the money to hammer a war on women strategy. These are details, details, details. The bigger issue with Republicans is that it's a one-way loyalty.  When an establishment candidate wins a primary, Tea Party and others are expected to fall in line.  And that did in fact happen with the Romney presidential campaign. But it doesn't work the other way around.  When an establishment/incumbent Republican loses a primary, there is no rallying around the insurgent nominee with any enthusiasm. That's not the way it works for Democrats.  First, there are few if any insurgents in the Democratic Party.  Once in a while you'll get a true progressive, but those are dwindling.  There is a greater homogeneity of thought in the Democratic Party.  And when you do get a whack job like Alan Grayson, Democrats circle the wagons instead of creating a circular firing squad as Republicans do. https://twitter.com/seanmdav/status/397915363444150272

A rare dose of sanity at Salon.com, Who will protect us? Why I’m still conflicted about guns as a black feminist:
I was 15 years old when my mother and I were robbed at gunpoint. It was 1982.... I don’t own a gun but I know plenty of educated black women who do. These are working- and middle-class women, some of them single and some with families, and  statistics support what I see. According to a National Shooting Sports Foundation report, 78.6 percent of retailers reported an increase in the number of women buying guns in 2012. Although a 2013 Pew research report reveals that gun ownership remains overwhelmingly white and male, black women made up the fastest growing purchasers of concealed handguns in Texas between the years 2007 and 2012. J. Victoria Sanders, a black Texan and journalist, reported this trend in a 2011 article detailing the increased marketing of guns to women and Sanders’ own journey toward gun ownership. This movement toward guns seems a rational decision for black women when you consider some of our experiences. Historically, black women have been left unprotected as a matter of law and custom, our bodies designated as commodities, used as “de mule uh de world” as Zora Neale Hurston wrote, and as sites for sexual violence and mockery. In an analysis of 2011 data, the Violence Policy Center reported that black women are murdered at rates three times that of white women and these murders usually involve a gun used by someone that the woman knows. Given these realities, some of us are pragmatic about self-defense. Even when we identify as feminist, as I do, we remain uncommitted to anti-gun feminism that erases our specific experience....

Our examination of the shout-down of Ray Kelly at Brown University has moved from the events that day to examining reaction of faculty, including from Political Science Professor Marion Orr who apologized for inviting Kelly, and Biology Professor Ken Miller who issued a forceful denunciation of the shout-down. Something interesting happened along the way, as more faculty went on record supporting the protests, if not the shout down. Post doctoral fellow and instructor Linda Quiquivix, who spoke on a panel discussion in favor of the protests, turned out to be a zealous critic of Israel, to put it very mildly.  In light of Quiquivix's background, I suggested that there may be a connection between supporters of the tactics used against Israel on campuses and those used against Kelly. It turns out that another faculty member who supported the shout-down also has a background in the Israel divestment movement.  More than that, she sits on the University advisory committee on social investing, which has taken up the Israel boycott issue at the behest of Brown's Students for Justice in Palestine. Naoko Shibusawa is a professor of history, specializing in "U.S. cultural history." [caption id="attachment_69998" align="alignnone" width="436"]Naoko Shibusawa Syria Forum 3 (Naoko Shibusawa)[/caption] In the wake of the Kelly shout-down, Shibusawa wrote a Letter to the Editor of The Brown Daily Herald on November 1, fully supporting the events that took place (emphasis added):

We have written many times before about Obama's obsession with wind power, despite the huge massacre of migratory bird populations, questionable technology, and doubtful economics. Via Tim Blair (h/t Iowahawk) come this poinent video of a German windmill falling down, and a description of the techincally...

At first I assumed this was an anti-Bush bumper sticker. From Danelle:
Seen in North Texas

Bumper Stickers - North Texas - Cowboy White House left Bumper Stickers - North Texas - Cowboy White House right

But Danelle sent this link to the song Cowboy in The White House, and an article from 2003 about the song: