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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.

The President of Middlebury College issued one of the most stinging rebukes to the American Studies Association anti-Israel academic boycott: “the vote is a sad reflection of an extreme and hateful ideology of some members of the academy …. I urge others in the academic community to condemn the ASA boycott and reaffirm their support for academic freedom.” Now the American Studies Program at Middlebury College has followed suit by issuing an Open Letter to ASA's President and Executive Committee. (H/t Inside Higher Ed) The Middlebury professors made one of the points I made in the challenge to ASA's tax-exempt status, that the ASA mission as expressed in its Constitution does not include the anti-Isrel political activism which now dominates ASA.  The Open Letter reads, in part (emphasis added):
Below is an open letter to the President and Executive Committee of the American Studies Association. Though written by faculty at Middlebury College, we hope that many other institutional members of the ASA, American Studies programs, individual members, and present and former officers of the organization will support the letter’s call for discussion of the ASA’s mission statement.... To the President and Executive Committee of the American Studies Association: .... The American Studies Program at Middlebury does not support, and will not honor, the American Studies Association’s resolution to boycott academic institutions in Israel.... Beyond our concerns about the merits of academic boycotts in general (and this one in particular), we are concerned that the ASA resolution is inconsistent with the stated mission of the organization. The ASA seems to be neglecting, or at the very least interpreting in a particularly tendentious way, the language of its own constitution. Effectively a mission statement, Article I, Section 2 of the ASA constitution reads:
Sec. 2. The object of the association shall be the promotion of the study of American culture through the encouragement of research, teaching, publication, the strengthening of relations among persons and institutions in this country and abroad devoted to such studies, and the broadening of knowledge among the general public about American culture in all its diversity and complexity.

Expect former Secretary of Defense Robert Gates to quickly be turned from hero of the Democratic Party for being a Republican willing to work for Barack Obama, into just more trailer trash because of his tell-all book about that service which reinforces an accurate meme about Hillary Clinton: She has no core, and will say anything to win. From Chris Cillizza at WaPo, How Bob Gates’s memoir could haunt Hillary in 2016:
In a new memoir of his time as secretary of defense in the Obama administration, Gates writes: “Hillary told the president that her opposition to the [2007] surge in Iraq had been political because she was facing him in the Iowa primary. . . . The president conceded vaguely that opposition to the Iraq surge had been political. To hear the two of them making these admissions, and in front of me, was as surprising as it was dismaying.” Oomph. Just to jog your memory, Clinton announced that she opposed the Iraq surge being pushed by President George W. Bush in the days leading up to the announcement of her presidential bid. She instead proposed a freeze in troop levels in the country and advocated for a troop increase in Afghanistan.... At one level, Gates's allegation is not at all surprising. Politicians factor in politics when making decisions? Gasp! .... But, remember this is Hillary Clinton we are talking about. And, the criticism that has always haunted her is that everything she does is infused with politics -- that there is no core set of beliefs within her but rather just political calculation massed upon political calculation. Remember that she began slipping in the 2008 Democratic primary when her opponents seized on an overly political answer on giving drivers' licenses to illegal immigrants during a debate in late 2007.

George Mason University apparently has an active anti-Israel group.  It has proclaimed the achievement of boycotting Israeli hummus, and staged a walkout on a commencement speaker with close ties to Israel. The propaganda-named Students Against Israeli Apartheid (SAIA) now is playing the race card against GMU's President, who tweeted his opposition to the academic boycott of Israel: https://twitter.com/CabreraAngel/statuses/420266494463717376 https://twitter.com/CabreraAngel/statuses/420311957200060416 There's no racism in those tweets. Except that the SAIA say that the reference to "blowing up" relationships is a racist referral to all Palestinians as bombers, GMU President Cabrera’s Racist Tweet Opposing Academic Boycott:
His line that “Universities exist to build bridges of understanding, not to blow them up” insinuates that being in solidarity with Palestinians is on par with terrorism. Not only is this metaphor racist and distasteful, but it was also irresponsible. Supporters of the academic boycott are endangered when their activity is distorted through fear mongering. Cabrera’s use of damaging language is a blatant response to the support GMU SAIA received from faculty as a result of the NO HONOR IN APARTHEID campaign. His response is only a small part of the national “McCarthyite” campaign to destroy the positive learning environments student organizations have created regarding the Palestinian-Israeli conflict on campuses. While academic integrity is often cited as a value of the administration, Cabrera’s rhetoric serves to limit discussion, exploration, and academic freedom around critical issues. While President Cabrera’s support for Israeli apartheid is no secret, his allegiance, to the best of our knowledge, is linked to position and profits.
Why does the anti-Israel group assume that referring to blowing up relations among universities is a reference to Palestinians blowing themselves up in cafes, buses, pizza shops and Passover Sedars?

The War on Women is the never-ending Democratic Party strategy. But this one is over-the-top even for that War. Via Newsbusters: In an outrageous ad aired on the local Washington D.C. NBC affiliate WRC-4, Virginia Democratic state senate candidate Jennifer Wexton – running to replace newly elected Virginia...

Most universities which were listed as Institutional Members of the American Studies Association have left it up to particular departments which took out the membership to decide whether to continue. Of the 83 Institutional Members listed by ASA, at least 11 deny being members, as detailed...

When the National Council of the American Studies Association endorsed the academic boycott of Israel in early December, and put the boycott Resolution to a quick membership vote, I wondered how the ASA National Council could do such a thing not just on the merits, but because the boycott put ASA's tax-exempt status at risk. I stated my intention of filing a challenge to that tax-exempt status should the Resolution pass and the academic boycott go into effect. The ASA membership approved the boycott Resolution with less than a quarter of the total membership voting for it (there was such low turnout, that was enough). The reaction to ASA's boycott has been overwhelmingly negative.  At least 125 universities and leading academic organizations have spoken out against the boycott and issued strong statements as to the damage to higher education such boycotts inflict. Earlier today my attorneys filed with the IRS a whistleblower complaint challenging ASA's 501(c)(3) tax exempt status in light of the academic boycott. The Complaint without Exhibits is embedded below. The Complaint with Exhibits is available here. Here is the Introduction, which summarizes the reasons why ASA no longer is organized and operating exclusively in accordance with its educational exempt purpose, and no longer is entitled to its 501(c)(3) status under the IRS Code and Regulations.

Obamacare affective disorder...

Via The Times of Israel, Thwarted Israeli bus blast similar to Boston bombings:
The bomb that tore through a Dan No. 240 bus in the central Israeli city of Bat Yam on December 22 was assembled in a pressure cooker and activated by cellphone, much like the devices that killed three people and wounded hundreds more during the Boston Marathon in April 2013, the Shin Bet investigation has revealed.... The bomb, which exploded at the corner of Mivtza Sinai and Katzenelson streets in the Tel Aviv suburb of Bat Yam, caused no injuries because an alert passenger had noticed the bag containing the device left unattended by the bus’s rear door. The driver evacuated the bus, and the device was detonated as an Israeli sapper attempted to defuse it. The bus was wrecked, but there were no injuries.... According to information released by the Shin Bet, the bomb, consisted of two kilograms of improvised explosives surrounded by nails and screws and stuffed into a pressure cooker. This was a method akin to the one used by Boston murderers, brothers Dzhokhar and Tamerlan Tsarnaev. It was made popular by an al-Qaeda manual placed online.
More on the plot, via Haaretz:
Israeli security forces carried out a series of arrests in the West Bank city of Bethlehem following the attack, detaining members of the Islamic Jihad militant group. The Shin Bet believes that two of the central suspects in the plot to bomb the bus are former security prisoners in Israel: Shahada Ta'amri, 24, and his 21-year-old brother Hamdi Ta'amri, a former cadet in the Jericho Police officers' course. Another central suspect was named as Yousef Salame, 22.

New York City voters, what on Earth have you done? De Blasio Vows to Shape a Liberal New York:
Mayor Bill de Blasio was sworn in Wednesday, promising to usher in a sweeping agenda that would remake the nation's largest city as a foundry for liberal ideas. Among the Democrat's early priorities are higher taxes on city residents making more than $500,000 a year, universal prekindergarten, de-emphasizing standardized testing in public schools and reining in aggressive street stops by the police The new mayor, whose campaign theme was ending a "tale of two cities," has made clear that he would like to be a national leader in trying to combat income inequality. Scott Stringer, the city's new comptroller, said the 52-year-old Mr. de Blasio would tackle the income gap "in a way that hasn't been a priority since Lyndon Johnson's war on poverty." The city for the past 20 years has been ruled by mayors who won office as Republicans: Rudy Giuliani and Michael Bloomberg. During those years, violent crime fell to record lows, mirroring national trends, while high-school graduation rates rose and development moved into neighborhoods once seen as dangerous. The agencies Mr. de Blasio says he wants to change—the New York Police Department and the Department of Education, to name two—were often held up as national models.
It gets worse:

When I saw this circulating on Twitter, I thought it had to be a hoax. And it still might be. But it's being fairly widely reported, with a Singaporean newspaper the primary English language source. Via The Strait Times, Jang's execution bodes ill for China:
THE execution of Jang Song Thaek, the No. 2 man in North Korea, took Beijing by surprise and will adversely affect bilateral relations. Beijing's displeasure is expressed through the publication of a detailed account of Jang's brutal execution in Wen Wei Po, its official mouthpiece, in Hong Kong, on Dec 12. According to the report, unlike previous executions of political prisoners which were carried out by firing squads with machine guns, Jang was stripped naked and thrown into a cage, along with his five closest aides. Then 120 hounds, starved for three days, were allowed to prey on them until they were completely eaten up. This is called "quan jue", or execution by dogs. The report said the entire process lasted for an hour, with Mr Kim Jong Un, the supreme leader in North Korea, supervising it along with 300 senior officials. The horrifying report vividly depicted the brutality of the young North Korean leader. The fact that it appeared in a Beijing- controlled newspaper showed that China no longer cares about its relations with the Kim regime.

From a reader in Texas Hi Prof- thought you might like these. On a military base in San Antonio ...

This segment between Ruth Marcus of The Washington Post (my law school classmate) and Glenn Greenwald on Edward Snowden is pretty good. It's being described as Greenwald being rude to Marcus, but I don't see it that way. I think they both did a good job. ...

Via Times of Israel, Israelis doubt Palestinians’ intentions, PM tells Kerry:
Speaking with Benjamin Netanyahu at a joint press conference before the first of several planned meetings between the two, Kerry said leaders on both sides of the tables already knew what would be included in a US-drafted framework agreement, but added that an agreement was “not mission impossible.” “We know what the issues are and the parameters,” he said of a potential agreement. “The time is soon arriving when leaders will have to make tough decisions,” he added, and said that he would “work with both sides to narrow differences on a framework that will set guidelines for negotiations.” However, Netanyahu, recalling Palestinian celebrations over a prisoner release earlier in the week, said he was skeptical over Ramallah’s commitment to peace. “I know that you are committed to peace; I know that I am committed to peace; but, unfortunately, given the actions and words of Palestinian leaders, there’s growing doubt in Israel that the Palestinians are committed to peace,” Netanyahu said.
From the transcript:
PRIME MINISTER NETANYAHU: Welcome back to Jerusalem, John. I want to use this opportunity to express once again my personal appreciation and the appreciation of the people of Israel for your unremitting personal efforts to advance peace between us and the Palestinians. I know that you’re committed to peace, I know that I’m committed to peace, but unfortunately, given the actions and words of Palestinian leaders, there’s growing doubt in Israel that the Palestinians are committed to peace.

From a reader in Miami: Seen in Little Haiti in Miami. Says empty promises. On a significant intersection, looks like something hit it, used to be a full mural. ...

Melissa Harris-Perry is apologizing profusely for the panel discussion over which she presided, dedicated to mocking the image above. https://twitter.com/MHarrisPerry/status/418008066651455488 https://twitter.com/MHarrisPerry/status/418010148301320192 https://twitter.com/MHarrisPerry/status/418010599662960640 I have no idea what is in Harris-Perry's heart, but she has a long history of making racial issues out of non-racial events: