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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.

Posted by William A. Jacobson on January 14, 2014 14 Comments
The new "moderate" President of Iran has declared victory and international surrender (featured image above). But what are the terms of our surrender? According to Iran, we don't really know; according to the State Deparment, we will find out. Via L.A. Times, New Iran agreement includes secret side deal, Tehran official says :
Key elements of a new nuclear agreement between Iran and six world powers are contained in an informal, 30-page text not yet publicly acknowledged by Western officials, Iran’s chief negotiator said Monday.... A State Department spokeswoman, Marie Harf, denied later Monday that there was any secret agreement. "Any documentation associated with implementation tracks completely with what we've described," she said. "These are technical plans submitted to the International Atomic Energy Agency," the United Nations' nuclear watchdog agency. "We will make information available to Congress and the public as it becomes available," Harf said.
Remember last fall when the Obama administration insisted it had not consented to Iran's right to enrich uranium, even though Rouhani was claiming we had consented? Q&A: Is there a 'right' to enrich uranium? Iran says yes, U.S. no How's that looking now? Again from the L.A. Times article:

Posted by William A. Jacobson on January 14, 2014 10 Comments
I reported last Friday on the draft Bipartisan Congressional letter to denounce academic boycott of Israel. The letter reads, in part:
We write in strong opposition to the American Studies Association’s (ASA) recent decision to boycott Israeli universities and academic institutions. While ASA has every right to express its views on policies pursued by any nation or government, we believe that the decision to blacklist Israeli academic institutions for Israeli government policies with which ASA disagrees demonstrates a blatant disregard for academic freedom.... Even more concerning is the singular targeting of Israel for boycott. Like all democracies, Israel is not perfect. But to single out Israel, while leaving relationships with universities in autocratic and repressive countries intact, suggests thinly-veiled bigotry and bias against the Jewish State.
As of Friday, there were 36 signatories. As of yesterday, the number had risen to 57.  [Update - see list at bottom of post for most current numbers and signatories] The final signature list should be released later this week. American civil society has been heard loud and clear, with major academic organizations and 190 University Presidents (as of this writing) rejecting the academic boycott. Now it is the time for American political society to be heard against the anti-Israel academic boycotters, as well. Is your House Representative on the list of signatories? If not, now is the time to reach out to their offices and find out why not. You can find your Representative and office contact information here: Find Your Representative. Tell them the letter is being coordinated through the offices of Representatives Peter Roksam and Ted Deutch.  Give them the link to this post if you send an email. Pick up the phone or send an email right now.  (I emailed my Rep. last night.)

Posted by William A. Jacobson on January 13, 2014 88 Comments
We have written before about the deer sterilization program in Cayuga Heights, which borders the Cornell campus (most people think of it as Ithaca, but it's actually a separate municipality). Because Reproductive Health Care Is A Cervine Right:
I have written before about the moral angst sweeping the upscale Village of Cayuga Heights, bordering the Cornell campus and home to a large number of professors and staff, over how to control the out-of-control deer population. After years of debate, which tore the community apart, Cayuga Heights has come up with a solution:
The board of trustees passed a resolution Monday night to begin implementation of the phased options approach to deer management. The village will begin with the surgical sterilization of 20-60 does within a two-year period, followed by the culling of the remainder of the herd.
The cost per sterilization? Don’t ask:
The first phase of sterilization is estimated to take two years at an average cost of $1,200 per doe, according to the statement.
If they do for our health care system what they’ve done for the deer of Cayuga Heights, we’re sunk.
How did it work out? The Ithaca Journal reports, Cayuga Heights spends $35K to sterilize 12 does:

Posted by William A. Jacobson on January 13, 2014 27 Comments
The other day I tried to make the distinction between dislike of Chris Christie, and joining the media mob which eventually will turn on Republican candidates you like. I told you not to feed that beast. To defend Chris Christie:
This is not about Chris Christie. It’s about any number of other Republican candidates who will be met with the same faux-outrage and media-led obsession a year from now as the 2016 field begins to define itself. Don’t feed the beast.
It's getting worse, as the feds are piling on. Within days of Bridgegate, Eric Holder and the U.S. Attorney's Office were on the case.  Funny how quickly the feds move against a potential Republican contender. Now the feds are piling on some more by leaking that they are investigating this ad paid for with Sandy relief funds.  That ad, Jim Geraghty points out, was Approved by Obama Administration: Featuring a sitting Governor in tourism ads is completely routine. It gives a personal touch to the tourism campaign. Here are other examples (via Louise Mensch):

Posted by William A. Jacobson on January 12, 2014 13 Comments
Who really cares about those much-maligned kulak individual health insurance market policy holders? Hell, depending upon how you count them, they could number 15 million, or maybe as low as 6 million. You know who else didn't care about ... oh, never mind. Just because you are not one of the much-maligned, don't think you can run from Obamacare, which stalks each of us like the Grim ... oh, never mind. Second wave of health-insurance disruption affects small businesses (h/t Charles Cooke):
When millions of health-insurance plans were canceled last fall, the Obama administration tried to be reassuring, saying the terminations affected only the small minority of Americans who bought individual policies. But according to industry analysts, insurers and state regulators, the disruption will be far greater, potentially affecting millions of people who receive insurance through small employers by the end of 2014. While some cancellation notices already have gone out, insurers say the bulk of the letters will be sent in October, shortly before the next open-enrollment period begins. The timing — right before the midterm elections — could be difficult for Democrats who are already fending off Republican attacks about the Affordable Care Act and its troubled rollout. Some of the small-business cancellations are occurring because the policies don’t meet the law’s basic coverage requirements. But many are related only indirectly to the law; insurers are trying to move customers to new plans designed to offset the financial and administrative risks associated with the health-care overhaul. As part of that, they are consolidating their plan offerings to maximize profits and streamline how they manage them....

Posted by William A. Jacobson on January 12, 2014 12 Comments

Cascadilla Creek, not far from my home in Ithaca, carries water from one of the main gorges that cuts through campus high above to Cayuga Lake. But to get there, it travels through my neighborhood. Normally flooding is not a problem. Except when the creek freezes over and...

Posted by William A. Jacobson on January 11, 2014 3 Comments
The Modern Language Association House Delegates voted on two anti-Israel Resolutions today. (The Resolutions are at the bottom of this post.) The main resolution, asking for the State Department to contest Israeli denials of entry visas to traveling academics: "Be it resolved that the MLA urges the US Dept of State to contest Israel's denials of entry to the West Bank by US academics...." The language was amended at the last minute to take out the word "arbitrarily" and to delete reference to Gaza. A House of Delegates vote is NOT a binding resolution that commits the organization to action. A resolution, if it passes the House of Delegates, then goes to the Executive Committee, which can reject the resolution for a variety of reasons, including that the resolution would jeopardize tax-exempt status). I would be surprised if the Executive Committee rejected it, since the operative language is so weak. We will have a post later from someone who was in the room. For now, I will post some of the Tweets from those in the room. Notice that there was significant pushback, and that the supporters of the resolution basically said take our word for it, when challenged as to the proof. That apparently was enough. The actual operative language of the resolution is not particularly damaging, and was watered down. But the "wherefore" clauses were highly anti-Israel and pretty-much propaganda. Those "wherefore" clauses will be the main victory for the anti-Israel group. The second resolution was an "Emergency" Resolution asking the MLA to denounce supposed attacks on the supporters of the American Studies Association boycott resolution. That Emergency Motion, which actually was explicitly pro-boycott, was rejected. 

Posted by William A. Jacobson on January 11, 2014 18 Comments
Melissa Harris-Perry of MSNBC presided over an appalling segment in which panelists mocked Mitt Romney's family because of his adopted black grandchild.  She later apologized profusely. Yet for unknown reasons, Ta-Nehisi Coates in The Atlantic rushed to Perry's defense not by defending her conduct, but by attacking her critics as racist.
The Smartest Nerd in the Room: Why Melissa Harris-Perry is America's foremost public intellectual, and what she means On Saturday, Melissa Harris-Perry apologized on air for segment that made light of the Romney clan's adoption of a young black boy. On Sunday, Mitt Romney accepted Harris-Perry's "heartfelt" apology, noting, "I've made plenty of mistakes myself." I've watched the offending segment several times now. I can see how a white parent who'd adopted a black child (or vice versa) would find the segment flip and offensive. It would not have surprised me if those concerned about adoption, equality, and racism voiced some protest about the segment. Instead what we got was week of invective driven mostly by a conservative movement with less lofty concerns.

Posted by William A. Jacobson on January 11, 2014 10 Comments
Ariel Sharon has died, after almost 8 years in a coma. He led a life that was complicated, and defined by the insatiable Arab desire to destroy Israel. [caption id="attachment_75543" align="alignnone" width="539"](1953 - Commando Unit 101 - Ariel Sharon Second from Left, Second Row)(source: (1953 - Commando Unit 101 - Ariel Sharon Second from Left, Second Row)(source: YouTube [/caption] Sharon, among many others, didn't let it happen, and in the course of defending Israel made some errors of judgment that are easy for historians and politicians to criticize with the benefit of hindsight. Sharon's crossing of the Suez canal during the 1973 War to trap the Egyptian Third Army is legendary. [caption id="attachment_74807" align="alignnone" width="448"]Ariel Sharon Moshe Dayan 1973 Sinai (Ariel Sharon and Moshe Dayan, Sinai 1973)[/caption]

Posted by William A. Jacobson on January 10, 2014 14 Comments
We previously wrote in detail about the "John Doe" investigation in Wisconsin targeting a wide range of conservative groups and Scott Walker supporters relating to the failed Democratic attempt to recall Walker.[*]  See Secret probe of conservatives makes Wisconsin ground zero in First Amendment war for the details. Good news.  The subpoenas issued in the secret probe have been quashed in a secret court ruling uncovered by the Milwaukee Journal-Sentinel, Secret ruling deals major setback to John Doe probe into recall elections:
Prosecutors in the John Doe investigation into spending and fundraising during the raucous Wisconsin recall elections were dealt a major procedural blow Friday, according to sources. The five-county investigation remains open, but subpoenas issued in the probe to conservative political groups supporting Gov. Scott Walker were quashed, sources familiar with the development said. The ruling — which is sealed — raises First Amendment concerns about the subpoenas. The Journal Sentinel has not turned up any Democratic candidates or liberal interest groups involved in the recall elections that have been contacted by John Doe prosecutors. "The John Doe is still open," said one individual familiar with the case. But other sources said Friday's ruling seriously undercuts the well-publicized probe, launched in the summer of 2012. Those familiar with the case said the decision was handed down by retired Appeals Court Judge Gregory A. Peterson, the presiding judge in the investigation who took over the case in November.

Posted by William A. Jacobson on January 10, 2014 8 Comments
I have obtained a copy of a letter circulating in Congress denouncing the academic boycott of Israel by the American Studies Association. The authors of the letter hope to have at least 50 co-signers (maybe more), split roughly evenly between Democrats and Republicans. Here is the text of the letter, with the initiating four Members of Congress inticated:
Mr. Curtis Marez President American Studies Association 1120 19th St NW, Suite 301 Washington, DC 20036 Dear Mr. Marez: We write in strong opposition to the American Studies Association’s (ASA) recent decision to boycott Israeli universities and academic institutions. While ASA has every right to express its views on policies pursued by any nation or government, we believe that the decision to blacklist Israeli academic institutions for Israeli government policies with which ASA disagrees demonstrates a blatant disregard for academic freedom. The ASA claims that the boycott “is in solidarity with scholars and students deprived of their academic freedom and it aspires to enlarge that freedom for all, including Palestinians.” We believe that this boycott accomplishes just the opposite. The university is an institution intended to foster, encourage, and inspire constructive dialogue and original thought. However, this boycott undermines academic freedom by prohibiting educational and cultural exchanges with Israeli universities and academic institutions.

Posted by William A. Jacobson on January 10, 2014 78 Comments

It's not about Christie, it's about how other Republican candidates will be treated by the media....

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