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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.

From Joe: This sicker is on a minivan outside of Houston. The H sticker next to it is about Henry Rifles. He got it....

From Einstein: On a car in Portland Oregon no less. The times be returning, they be returning. ...

Alan Grayson's lawyers are holding a press conference in which they released an edited video with no showing the incident which led to Grayson's wife Lolita obtaining a restraining order. They say that the video exonerates Grayson, and also released an affidavit from their 18-year-old daughter. [caption id="attachment_80389" align="alignnone" width="500"](Alan Grayson lawyers at press conference, 3-5-2014) (Alan Grayson lawyers at press conference, 3-5-2014)[/caption] They showed a still image (featured image above) purporting to show Lolita throwing a punch. We will post the video and affidavit when available. (video added) They say they didn't release the audio because of concerns as to whether doing so would be legal. They claim that the full video will support Grayson even more.

The U.S. Senate has rejected the nomination of Debo Patrick Adegbile, a former NAACP official who acted as lawyer for convicted cop killer Mumia Abu-Jamal, to become head of the Civil Rights Division of the Department of Justice. Adegbile represented Abu-Jamal on appeal. The widow of officer Danny Faulkner along with police organizations and other groups, objected to the nomination, arguing among other things, that Adegbile became a champion of Abu-Jamal beyond being his appellate lawyer. A change.org petition started by Faulkner's widow, Maureen, garnered widespread support and stated in part as follows:
Mr. Adegbile previously led the Legal Defense Fund at the NAACP. In that position, Mr. Adegbile chose to throw the weight and resources of his organization behind Abu-Jamal. Attorneys working under Mr. Adegbile’s supervision have stood before rallies of Abu-Jamal supporters and openly professed that it was “an extreme honor” to represent the man who put a hollow based bullet into Officer Faulkner’s brain as he lay on the ground wounded, unarmed, and defenseless. While Mr. Adegbile may be a well-qualified and competent litigator, through his words, his decisions, and his actions he has clearly and repeatedly demonstrated that he is not the best person to fill this position. Clearly there are others with similar qualifications that would be better choices. The thought that Mr. Adegbile would be rewarded, in part, for the work he did for Officer Faulkner’s killer is revolting. Please set aside any partisan feelings you have and do the right thing when you vote on Mr. Adegbile’s confirmation. Please vote “no.”
In early February, Faulkner's widow was interviewed about the nomination: In a key procedural vote today, the nomination failed to advance, by a vote of 52-47 against, with 7 Democrats voting No:

The Leftist-Islamist anti-Israel coalition relentlessly complains about the Israeli military blockade of Gaza.  On a number of occasions they have put together flotillas of civilians to break the blockade. One of those flotillas, organized by Turkish Islamists and loaded with European leftists, led to the controntation in 2010 in which nine people were killed after Israeli troops boarding the ship were attacked and beaten: (Mavi Marmara Passengers Attacking IDF, May 31, 2010 -- additional footage here) That blockade is legal, as even a U.N. panel ruled (and U.N. panels almost never side with Israel). Israel today seized a ship loaded with long-range missiles destined for Gaza via Iran. Here are two videos:

Alan Grayson's wife, Lolita, has accused Grayson of physical battery, and obtained a protective order. The Orlando Sentinel reports:
A judge has granted a temporary protective injunction against U.S. Rep. Alan Grayson after his wife filed paperwork accusing the Orlando congressman of shoving and injuring her during an incident this past weekend. Lolita Grayson's petition for the injunction, dated Monday, says her husband pushed her against a door, causing her to fall to the ground, during a confrontation Saturday at their home on Oak Park Road near Windermere.... Asked about the incident, Orange County Sheriff's Office Capt. Angelo Nieves said in a written response that the agency "is currently conducting a Domestic Violence investigation which is open and active at this point." A heavily redacted Sheriff's Office document released Tuesday identified Lolita Grayson as the victim in the incident and listed the offense under investigation as domestic-violence battery.

Badger Pundit has the rundown on a debate at Harvard Law School over the proposition in the title of this post, Epic smackdown of affirmative action at Harvard — following debate, audience’s opposition rises nearly a third. It's a discussion that people on campuses don't like to have. Good for Harvard Law School for hosting such a debate with well-qualified speakers arguing each side. Too often the argument against affirmative action is denegrated as racism. A speaker in favor of the proposition argued that affirmative action is an "epic policy failure" because it actually hurts -- not helps -- minority achievement through lower graduation and professional accomplishment rates. This is commonly called the mismatch effect, as to which there has been a debate in law schools for years.  When University of the South Professor E. Douglass Williams published an article in The Journal of Empirical Legal Studies, Do Racial Preferences Affect Minority Learning in Law Schools? (2013)(pdf.), I had a chance to communicate with him, although I never got around to writing it up as a post.  Here's the Abstract of his article:
An analysis of the The Bar Passage Study (BPS) reveals that minorities are both less likely to graduate from law school and less likely to pass the bar compared to whites even after adjustments are made for group· differences in academic credentials. To account for these adjusted racial gaps in performance, some researchers put forward the "mismatch hypothesis," which proposes that students learn less when placed in learning environments where their academic skills are much lower than the typical student. This article presents new results from the BPS that account for both measurement-error bias and selection-onunobservables bias that makes it more difficult to find a mismatch effect if in fact one exists. I find much more evidence for mismatch effects than previous research ang report magnitudes from mismatch effects more than sufficient to explain racial gaps in performance.
Here is part of our email exchange:
WAJ: I just want to confirm your ultimate finding in layman’s terms: There is evidence of a mismatch effect, and that effect is sufficiently pronounced as to account for differences in bar passage rates. Do I have that right? EDW: Yes this is accurate. Much of the difference in bar passage rates by race is explained by differences in academic credentials. But a significant gap still persists after controlling for these entering credentials. It is this remaining gap that the mismatch effect found in the paper can explain.
Some other reading on the mismatch effect and related controversy:

We have witnessed a series of "zero tolerance" incidents in which school officials punish young children, usually boys, for using their imagination to play act guns: Here's another one, from The Columbus Dispatch:
A Columbus principal suspended a student for three days last week after the child pointed a “ lookalike firearm” at another student in class and pretended to shoot. The boy’s age? 10. The “level 2 lookalike firearm” cited in his suspension letter? His finger. “I was just playing around,” said Nathan Entingh, a fifth-grader at Devonshire Alternative Elementary School in a far northern section of the district. “People play around like this a lot at my school.” Other kids have been caught playing pretend gun games on the playground at Devonshire and weren’t suspended, Nathan said. Devonshire Principal Patricia Price has warned students about pretend gun play numerous times this year, and everyone should know the rules by now, district spokesman Jeff Warner said. Nathan put his finger to the side of the other student’s head and pretended to shoot “kind of execution style,” Warner said.

Israeli Prime Minister Benjamin Netanyahu is addressing the AIPAC conference this morning.

Martha Robertson's fundraising cloud just won't go away in her challenge to Republican Tom Reed in NY-23. Robertson raised funds based on the claim that GOP operatives were caught trying to take down her website during a critical fundraising period. She never has come forward with any proof, and broke her promise to hire a forensic computing investigator to find the evidence. The local media is becoming increasingly frustrated with Robertson's dodging the issue, as we mentioned yesterday. Today Robertson was named to the prestigious "Red to Blue" list by the Democratic Congressional Campaign Committee, as reported in the Buffalo News:
Martha Robertson, the Democrat who's challenging Rep. Tom Reed, R-Corning, this fall, got a big boost Monday when the Democratic Congressional Campaign Committee named her to its "Red to Blue" program -- signaling that she's one of the top Democratic House challengers in the country. The Democratic campaign committee selects challengers for the Red to Blue program when they've shown strong ability to raise funds, build a campaign and present a credible alternative to voters.
Martha Robertson Red To Blue Tweet 3-3-2014

Hi Professor, My husband and I spotted this pickup truck in Kingsland, Camden County, Georgia today. Thought you'd enjoy the bumper stickers. I don't know who he is, but he's a man after my own heart! We both enjoy your blog tremendously. Thank you for all you do. God...

In early October, 2013, Legal Insurrection broke the story of a claim by Martha Robertson, the Emily's List-backed Democratic challenger in NY-23, that GOP operatives were caught trying to take down her website during a crucial fundraising period last fall. The District is a key priority for both parties, and money is pouring in from around the country. The District leans Republican, but Democrats are hopeful they can pull a rabbit out of a hat here because of the large liberal vote in the Ithaca area. It's a Wendy Davis strategy -- get out the base in the liberal areas, and hope others stay home. Robertson never has provided any evidence of such hacking, but promised to hire a forensic computer expert to provide the proof. Then Robertson broke that promise, and said she would not be hiring an expert. Jazz Shaw at Hot Air had a write up on Robertson's fundraising problem,Could NY-23 Dem candiate have (gasp) lied about GOP cyberattack? The claim of GOP hacking appears to have been false. The type of disruption her campaign described was the type of routine server issue almost every website experiences, and there is no evidence of any actual disruption. Rather than come clean, admit the error, and offer to refund donations to people who received the false solicitation, the Robertson campaign is in shutdown mode on the issue. They have not returned my inquiries for months, and now are dodging the major local media outlets. When the local Republican Party filed an election complaint recently, the Robertson campaign still refused media inquiries.