Image 01 Image 03

Author: William A. Jacobson

Profile photo

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.

Guilty until proven innocent, if they even let you prove your innocence: The Unfairness of Judicial Proceedings in Academia Where in America do we have quasi-judicial proceedings rivaling those of the English Star Chamber or Spanish Inquisition of the 16th century, in terms of lack of fairness...

From frequent photographer Ulises: The sticker on top say “You can give peace a chance, we’ll cover you if it doesn’t work out”. For some reason this sticker does not come out really well in pictures, but here it goes. Now, the one on the bottom is...

Just a word of thanks to Legal Insurrection readers. The pushback against the anti-Israel academic boycott is gaining momentum. An increasing number of universities and University Presidents are stating their positions against the boycott. Not a single university or major academic group has come out for...

I previously sent an email to President of Princeton regarding academic boycott of Israel and specifically inquired as to whether Princeton would drop its Institutional Membership in the American Studies Association so long as ASA imposes an academic boycott on Israeli academic institutions and scholars.  Both Penn State Harrisburg and Brandeis have dropped their Institutional Memberships.  The Association of American Universities has come out with a strongly worded denunciation of the academic boycott oof Israel. I just received the following statement from Princeton's press spokesman on behalf of President Christopher L. Eisgruber:
Thanks for your email to President Eisgruber about the American Studies Association’s boycott of Israel. In correspondence with Princeton alumni who have asked about the boycott, President Eisgruber has said,
I share your dismay at the American Studies Association's misguided boycott. Academic boycotts are almost always bad policy--scholarly engagement helps to sustain and build liberal democratic values. For that reason, among others, I believe that Princeton should continue to work constructively with scholars and institutions throughout the world, whether one admires or dislikes the government under which they operate. And, whatever one thinks of boycotts in general, to single out Israel alone is indefensible.

Willamette University joins an increasing number of universities rejecting the anti-Israel academic boycott, but in a twist, denies having any knowledge as to why ASA lists it as an Institutional Member. The ASA considers Institutional Memberships to be important indicators of university support which is why it highlights the list:
Institutional members help to insure the continuity, development, and enhanced usefulness of a dynamic, professional, scholarly organization dedicated to broadening and intensifying the study of American life and civilization. They help to promote interdisciplinary activity and programs, working toward the lowering of rigid barriers of approach and technique, and the cooperation of scholars in various disciplines in a vital, international field of study. Institutional members also help to stimulate intellectual and professional activity among their own faculty. We depend on institutional dues to carry on many of our current activities and to develop new programs and services.
Willamette University is listed as one of the Insitutional Members of ASA in the ASA Quartely and Annual Meeting materials. Stephen Thorsett, President of Willamette University, communicating with a Legal Insurrection reader, rejected the boycott and indicated that Willamette was unaware of its Institutional Membership.  Here is the exchange, in part (emphasis added):

That's the take away from today's press conference, which still is in progress as of this writing. So Democrats should run on it in 2014. https://twitter.com/ByronYork/status/414123765698945024 https://twitter.com/AceofSpadesHQ/status/414127598596149248 https://twitter.com/charliespiering/status/414127354651213824 https://twitter.com/RyanLizza/status/414127417658470401...

Robert A. Brown, President of Boston University, will be issing a formal statement rejecting the Amercian Studies Association's anti-Israeli academic boycott.  The statement is not yet posted on BU's website, but was obtained by Legal Insurrection and confirmed with the President's office. President Brown, however, is deferring the decision on withdrawal of Institutional Membership to the American and New England Studies Department on grounds of the academic freedom of that department. Here is an email from President Brown to a Legal Insurrection reader announcing the statement and the membership deferral.  We confirmed with the President's office the authenticity of the email:
Thank you for your email expressing your concern about the recent vote of the American Studies Association (ASA) to boycott Israeli universities. Please see below my formal statement about this unfortunate action by the ASA.
I am disappointed and concerned that the American Studies Association, invoking the principle of academic freedom, would vote to boycott Israeli academic institutions. Research, teaching, and scholarship flourish through robust exchange of ideas, across borders and among institutions in different parts of the world. Universities and their faculties can often transcend even profound political differences. It is ill-advised to make academic institutions the instrument with which to promote a political agenda by attempting to isolate students and scholars. Boston University cannot support this boycott.
I hope that there will be a serious discussion within our American and New England Studies Program which has an institutional membership in the ASA which, obviously, is funded by the University. This institutional membership does not come with a vote that is exercised by either the program or the University. The poll taken by the ASA represents the votes of individual members of the organization. We are not prepared to suggest (implicitly or explicitly) to faculty members who hold individual memberships (some of which are funded out of professional funds allocated to individual faculty members) how they should vote. That would lead us onto a slippery slope. I do hope the faculty in the American and New England Studies Program will consider whether or not continuing membership in the ASA will create the opportunity for a temperate and thoughtful reconsideration of the wisdom of the boycott.

We reported on some of the gruesome details and testimony at the trial of the killers of British soldier Lee Rigby on a street in London by machete and knife wielding Islamic radicals, Killer of British soldier Lee Rigby: “I am a soldier and this is war”. The evidence concluded last week, and this week the jury returned guilty verdicts. Via Fox News, 2 Muslim radicals -- 'soldiers of Allah' -- convicted in brutal murder of British soldier:
A jury on Thursday convicted two men who called themselves "soldiers of Allah" of murdering a British soldier who was run down with a car, stabbed to death and nearly decapitated in a brutal attack on a London street. The jury of eight women and four men deliberated for just 90 minutes before finding Michael Adebolajo and Michael Adebowale guilty of murdering Fusilier Lee Rigby. They were acquitted of attempting to murder a police officer. Both men had pleaded not guilty to murder, though neither denied taking part in the May 22 attack. Neither defendant reacted as the jury foreman announced the verdicts. Adebolajo smiled and kissed a copy of the Quran as he was led down to the cells.
Lee Rigby Here is a video timeline of what happened that murderous day:

The Obama administration and Obamacare has increased distructs of Big Government so much even a majority of Democrats view government as the greatest threat, via Gallup, Record High in U.S. Say Big Government Greatest Threat:
Seventy-two percent of Americans say big government is a greater threat to the U.S. in the future than is big business or big labor, a record high in the nearly 50-year history of this question. The prior high for big government was 65% in 1999 and 2000....
Gallup Big Govt Threat chart 12-2013

I've never watched Duck Dynasty. I don't know what it is other than from a cursory review of headlines. But the Duck Dynasty guy (whatever his name is) is suspended from his hit TV show because of these comments in an interview with GQ Magazine:
Out here in these woods, without any cameras around, Phil is free to say what he wants. Maybe a little too free. He’s got lots of thoughts on modern immorality, and there’s no stopping them from rushing out. Like this one: “It seems like, to me, a vagina—as a man—would be more desirable than a man’s anus. That’s just me. I’m just thinking: There’s more there! She’s got more to offer. I mean, come on, dudes! You know what I’m saying? But hey, sin: It’s not logical, my man. It’s just not logical.” ... What does repentance entail? Well, in Robertson’s worldview, America was a country founded upon Christian values (Thou shalt not kill, etc.), and he believes that the gradual removal of Christian symbolism from public spaces has diluted those founding principles. (He and Si take turns going on about why the Ten Commandments ought to be displayed outside courthouses.) He sees the popularity of Duck Dynasty as a small corrective to all that we have lost. “Everything is blurred on what’s right and what’s wrong,” he says. “Sin becomes fine.” What, in your mind, is sinful? “Start with homosexual behavior and just morph out from there. Bestiality, sleeping around with this woman and that woman and that woman and those men,” he says. Then he paraphrases Corinthians: “Don’t be deceived. Neither the adulterers, the idolaters, the male prostitutes, the homosexual offenders, the greedy, the drunkards, the slanderers, the swindlers—they won’t inherit the kingdom of God. Don’t deceive yourself. It’s not right.”
The attacks on him are focused on the claims that he compared homosexuality to beastiality.  Professor Althouse argues that that is not true:

Readers have been very good at posting contact information in the comment section at the Reader crowdsourcing project to fight American Studies Assoc anti-Israel boycott You also need to start sending emails to Presidents, Trustees and others who have a stake when a university lends its name and funds to an organization engaged in an academic boycott which would include boycotting the university's own joint programs and scholars. Even though membership decisions typically are made at the department level, where many of the Israel-haters rule, the decision has university-wide implications. The membership is in the university name and the boycott affects university programs and scholars beyond the American Studies department. Moreover, use of university funds to subsidize ASA is a university decision, and in the case of public universities, also involves the state. As of this writing, I still have not received a response to My email to President of UT-Austin regarding academic boycott of Israel. Here is the email I sent yesterday to the President of Princeton University, one of the Institutional Members of the American Studies Association and an institution that supports the ASA financially through covering costs of attending ASA meetings.
To: Christopher L. Eisgruber [[email protected]] CC: Martin A. Mbugna, Communications [[email protected]] Mary DeLorenzo, Asst. to the President [[email protected]] Dear President Eisgruber: Princeton University is an Institutional Member of the American Studies Association (ASA), contributing its good name and dues to the ASA, and also funding ASA indirectly through covering the cost of attending the ASA annual meeting. The ASA just adopted an academic boycott of Israel. The American Association of University Professors has rejected academic boycotts of Israel in general, and has rejected the ASA boycott specifically, on grounds of violation of academic freedom. The anti-Israel academic boycott also amounts to discrimination on the basis of national origin as Israeli academics will be subjected to verification procedures not applicable to academics from any other nation. The ASA boycott is pernicious because it includes boycott of programs run by Israeli academic institutions and encourages American academics to police compliance with the boycott. You can find an explantion in my prior post about the boycott.

2014 may come down to which side makes the scarier videos. Chris Cillizza at The Washington Post says This is the ad every Democrat should be scared of in 2014. Aleister says This Is The Ad Every Republican Should Run In 2014. I say the response will be: War On Women! It worked before. Someone actually said this: "They do not want poor women to have joy" and "they want to sacrilize sperm":

Brandeis University becomes the second confirmed university to drop its Institutional Membership in the American Studies Association over the anti-Israel academic boycott. Earlier we reported that Penn State Harrisburg would be dropping its membership. The real key will be whether universities also will refuse to allow university funds to be used to subsidize attendance at ASA events, which is how ASA makes most of its revenue. Yair Rosenberg at Tablet Magazine reports:
Brandeis University has become the second institution to withdraw from the American Studies Association, following the organization’s decision to boycott Israel. “We view the recent vote by the membership to affirm an academic boycott of Israel as a politicization of the discipline and a rebuke to the kind of open inquiry that a scholarly association should foster,” Brandeis’s American Studies Department posted on their web site. “We remain committed to the discipline of American Studies but we can no longer support an organization that has rejected two of the core principles of American culture–freedom of association and expression.”
The Brandeis statement reads:

I just sent my first e-mail to a University President regarding the academic boycott of Israel by the American Studies Association, and the similar boycott just announced by the small and relatively new Native American and Indigenous Studies Association. I could not find a direct e-mail...

I have received a surprisingly large number of emails of support from people outraged at the anti-Israel academic boycott passed by the American Studies Association.  Almost all of those emails come from new readers. The question many of them ask is what they can do to help me not only in the challenge to ASA's tax-exempt status, but also to oppose the boycott. Readers can take action themselves by contacting University Presidents and Trustees for those 83 universities who are Institutional Members of the ASA, as well as the head of the university sytem for state institutions. Institutional Membership lends the good name of the university to a boycott that is anti-academic freedom and that subjects visiting Israeli scholars and faculty who hold joint appointments to discrimination on the basis of national origin.  Those memberships also likely reflect that university funds are used to support faculty participation in ASA events, ASA's main source of revenue. I will be writing today to the President of Cornell University, whose Cornell-Technion campus being built in New York City will be subject to the boycott and whose visiting Israeli scholars and joint appointees will be subject to discrimination by ASA on the basis of national origin. I also think it is appropriate to contact Senators, Congressmen, and Governors (for state university systems who maintain an Institutional Membership) since taxpayer money is used to subsidize participation in ASA events. It would be nice to have a single contact list, right? That's where you can help me.

As detailed in numerous posts over the past weeks, the American Studies Association has passed an academic boycott of Israeli universities. Although the resolution does not make this distinction, ASA asserts in its explanation that the boycott applies only to the institutions and "not individual scholars, students, or cultural workers who will be able to participate in the ASA conference or give public lectures at campuses, provided they are not expressly serving as representatives or ambassadors of those institutions, or of the Israeli government." The explanation continues that the boycott also applies to "participation in conferences or events officially sponsored by Israeli universities." This would mean the boycott applies to programs and projects jointly sponsored by U.S. and Israeli academic institutions, like the Cornell-Technion campus under construction in New York City, the Brandeis-Middlebury Program at Ben Gurion University, dozens of other programs for terms abroad in Israel run by U.S. universities but hosted at Israeli universities, and many other joint university programs. In the talking points ASA provided to its members on how to address criticism from University Administrators, Deans and Faculty, ASA states that "U.S. scholars are not discouraged under the terms of the boycott from traveling to Israel for academic purposes, provided they are not engaged in a formal partnership with or sponsorship by Israeli academic institutions." Now you can see how pernicious the ASA academic boycott becomes. ASA's boycott requires monitoring of individual Israeli scholars interacting with ASA and having such scholars disavow representation of their institutions.  No scholar from any other nation is required to disavow representation of their institutions.