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Alan Dershowitz

 
Britannica Concise Encyclopedia:

Alan Morton Dershowitz


(born Sept. 1, 1938, Brooklyn, N.Y., U.S.) U.S. lawyer. He graduated from Yale Law School and clerked for Justice Arthur Goldberg before being appointed to the faculty of Harvard Law School at age 25. Known as a civil liberties lawyer, he appeared for the defense in many highly publicized criminal cases, including those of Claus von Bulow and O.J. Simpson. His journal articles and widely syndicated newspaper columns were published in collections such as The Abuse Excuse (1994); his other books include Reasonable Doubts (1966) and The Best Defense (1982).

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Gale Encyclopedia of Biography:

Alan M. Dershowitz

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American criminal defense lawyer and Harvard law professor Alan M. Dershowitz (born 1938) came to prominence through his vigorous representation of such high-profile clients as Claus von Bulow and O.J. Simpson. An emphatic proponent of civil liberties, he was also a prolific writer and frequent guest on radio and television programs. While some have found his choice of clients and knack for publicity offensive, Dershowitz has remained firm in his view that he is fighting the good fight.

Brooklyn to Harvard

Dershowitz was born on September 1, 1938, in Brooklyn, New York. He was the first baby in his family to be delivered outside the home, and his father was a wholesaler of blue jeans. As a child Dershowitz was happy and outgoing, but scarcely anyone's idea of a scholar. Boston colleague Harvey Silverglate explained to Pope Brock of People, "Alan was not slated to be a great success when he was a kid. He was a disciplinary problem. In some ways I suppose he still is. He almost didn't go to college." According to Michael Neill of People, Dershowitz's principal at Yeshiva University High School was not overly impressed with the young man's potential, either, telling him in a counseling session, "You have a good mouth on you, but no head. So you gotta do something that you need a good mouth for but no brains. Become a lawyer." It took a while, but Dershowitz followed the advice to unexpected levels.

A turning point came when Dershowitz was accepted into Brooklyn College, where his rambunctious spirit was not just tolerated, but encouraged. He engaged in convivial and spirited arguments with everyone from the college president, anti-Communist Harry Gideonse, to conservative professor Eugene Scalia (father of eventual U.S. Supreme Court Justice Antonin Scalia), and thrived while doing so. Dershowitz credited the college with having allowed him to come into his own. According to Marek Fuchs of the New York Times, Dershowitz felt that "his acceptance letter from Brooklyn College [was] the most important document of his life." (Not incidentally, he repaid the debt many years later by donating all his papers to his alma mater.) He graduated in 1959.

Dershowitz took his new-found resolve and ambition to Yale Law School, where he was editor of the Yale Law Journal and graduated first in his class in 1962. Before his graduation, however, he was given a sharp reminder of ugliness in the world when anti-Semitism closed Wall Street's doors to the promising young law student looking for a summer job. Luckily it was a minor setback. After receiving his law degree, Dershowitz clerked for Supreme Court Justice Arthur Goldberg before hiring on as an assistant professor of law at Harvard Law School in 1964. He became a full professor there three years later at the age of 28, making him the youngest such in the school's history. But Dershowitz did not simply rest on his Harvard laurels.

Criminal Defense

During his long tenure at Harvard, Dershowitz taught such courses as criminal law, constitutional litigation, human rights, civil liberties and violence, the Bible and justice, and neurobiology and the law. By all accounts, he was a very popular teacher and he steadfastly maintained that it was what he liked to do most. Nonetheless, it was Dershowitz's part-time practice as an appellate litigator that made him famous.

An avid advocate of civil liberties, Dershowitz soon became noted for a parade of what many considered unsavory, or even odious, clients. Although he defended indigent people as well as high profile clients, it was naturally the latter for which he became known. The list included porn star Harry Reems, boxer Mike Tyson, "Queen of Mean" Leona Helmsley, evangelist Jim Bakker, and deposed Philippine leader Ferdinand Marcos. Perhaps the first of such clients to put Dershowitz squarely in the spotlight was socialite Claus von Bulow, who was convicted of trying to kill his wife in 1982. Thanks to Dershowitz's appellate work, the conviction was overturned in 1984 and von Bulow was found not guilty in his second trial. The case became a media circus, and Dershowitz drew fire by publishing a book about it, Reversal of Fortune: Inside the von Bulow Case, while a civil suit was still pending against the defendant. The attorney strongly denied any wrongdoing, the book was made into a successful movie in 1990, and Dershowitz became as well known as his client.

A commentary on Dershowitz's notable cases would hardly be complete without mention of the O.J. Simpson case in the mid-1990s. As a member of the defense team that prevailed in the murder trial of the ex-football great, Dershowitz became not just famous, but infamous. The trial was undoubtedly the most highly-publicized of its time, and it was televised, giving the public front row seats for the entire spectacle. Dershowitz was often vilified after the acquittal, but he ardently believed that the case's very unpopularity was what made his taking it important. "I knew I would get criticism, including from my mother," he told Byron York of the National Review. "But I'm proud of my work in that case, particularly because it was so unpopular. I see that as being absolutely consistent with being a Harvard professor. That's precisely the kind of case that a Harvard Law professor should be in." Indeed, Dershowitz clearly considered the controversy that was inherent in taking such cases to be a badge of honor. As he later told Fuchs, "A criminal defense attorney has to be as proud of his enemies as of his friends." But it is important to note that Dershowitz was not criticized for simply defending such unpalatable clients; apparently his real "crime" was in winning for them.

Media Darling

As Dershowitz's courtroom successes increased his stature as an attorney, his writing and media appearances broadened his audience and made him a household name. He was a prolific contributor to myriad magazines, journals, and newspapers, including the Wall Street Journal, Los Angeles Times, and New York Times. As of 2006, he had written over 20 books (primarily non-fiction), including Chutzpah (1991), The Advocate's Devil (1994), The Abuse Excuse: And Other Cop-outs, Sob Stories, and Evasions of Responsibility (1994), The Genesis of Justice: Ten Stories of Biblical Injustice That Led to the Ten Commandments and Modern Law (2000), and America On Trial: Inside the Legal Battles That Transformed Our Nation (2004). He had a gift for putting arcane legal concepts into readily accessible language. As he told Sarah F. Gold of Publishers Weekly, "My theory is, if I can't explain to the general public a complicated legal problem, it's my fault…. This is democracy. If they can't explain it, they're hiding something from you."

This talent for plain speaking also made Dershowitz a favorite on television and radio programs, from the McNeil-Lehrer News Hour to Today to Nightline, to the Oprah Winfrey Show and Larry King Live. Besides radio and television, he was profiled in major publications, and had his own talk radio program. Unsurprisingly, the ongoing publicity was also a lightning rod for criticism. Accusations of self-aggrandizement and a runaway ego were common. Dershowitz, however, maintained his high profile was misleading and that defending his well-known clients actually took up only a small portion of his time. The time it did consume, he believed, was worth it in order to reach the proverbial "person on the street." "We have to build a much deeper commitment to civil liberties," he told Brock. "I don't think it's enough to persuade five [Supreme Court] Justices. I have to persuade Joe Sixpack." And, to his credit, Dershowitz never denied that he enjoyed it. He told York," I can't deny that it's fun…. But the TV stuff is very much an extra. If I spend, say, two hours a week on television, and 50 hours a week doing my work quietly, it's the two hours that people see."

Civil Libertarian

Even if one believed Dershowitz was merely an arrogant publicity hound with an agenda, it was hard to dispute that his agenda included an abiding devotion to the First Amendment, civil liberties, and the law in general. His 1979 Guggenheim Fellowship for his work in human rights, 1993 appointment as Harvard's Felix Frankfurter Professor of Law, 1996 Freedom of Speech Award from the National Association of Radio Show Talk Hosts, and many other accolades spoke to those commitments, as did such books as Supreme Injustice: How the High Court Hijacked Election 2000 (2001) and Shouting Fire: Civil Liberties in a Turbulent Age (2002). He could certainly be abrasive and aggressive, but many saw those qualities as testaments to his convictions about civil liberties. Silverglate told Brock, "Alan is stubbornly principled. He's opposed to any form of tyranny. People like that manage to alienate everybody at some point."

Dershowitz told Chris Lamb of Editor & Publisher that he was "criticized by people of all political persuasions, including conservatives for defending liberal causes and liberals for defending conservative causes." And that, in his view, was the way it was supposed to be. He was, after all, an advocate. "The system of justice is only as good as it is toward the worst person," he explained to Brock. "Once it begins to compromise there, the slippery slope begins. So because I want that system to be there for you and me, I want it to be there for everyone. Even for, say, a Josef Mengele [a Nazi war criminal]." It is hard to imagine how Dershowitz could have put it more understandably and pointedly than that.

Periodicals

Boston Globe, July 9, 2005.

Editor & Publisher, September 10, 1994.

Long Island Business News, February 16, 2001.

National Review, February 5, 2001.

New York Times, June 22, 2005.

People, October 3, 1988; July 30, 1990.

Publishers Weekly, June 18, 2001.

Online

"Alan Dershowitz," NNDB, http://www.nndb.com/people/013/000023941/ (January 4, 2006).

"Alan Dershowitz, Felix Frankfurter Professor of Law, Harvard Law School, Attorney at Law, Author," Harvard Law School, http://www.law.harvard.edu/faculty/dershowitz/biography.html (January 4, 2006).

"Alan M. Dershowitz," Harvard Law School, http://www.law.harvard.edu/faculty/directory/facdir.php?id=12 (January 4, 2006).

"Alan M. Dershowitz," IMDb, http://www.imdb.com/name/nm0220641/ (January 4, 2006).

"Dershowitz, Alan," New York Public Library, http://www.catnyp.nypl.org (January 8, 2006).

West's Encyclopedia of American Law:

Dershowitz, Alan Morton

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Scholar and constitutional authority Alan Morton Dershowitz is a well-known, controversial, and successful U.S. appellate attorney. A professor at the Harvard School of Law, he has a reputation for taking on the cases of little-loved criminal defendants. His list of clients is a who's who of notoriety, ranging from wealthy socialites to a pornographic film star and a convicted spy. He has captured attention both in the courtroom and out, as much for his sometimes brilliant legal strategies as for his ubiquitous books, articles, and TV appearances. A staunch defender of First Amendment freedoms, civil and human rights, and Jewish issues, he has earned praise and enmity for his influence on U.S. law.

Dershowitz, born September 1, 1938, in Brooklyn, was raised in the orthodox Jewish area of Boro Park, New York. Dershowitz attended Yeshiva University High School, where a principal advised the unexceptional but talkative student to seek a career "where you use your mouth, not your brains" (Keegan 1992). He apparently ignored that advice, graduating magna cum laude from Brooklyn College and gaining admittance to Yale Law School. As a law student, he quickly distinguished himself: he was named editor of the Yale Law Journal in his second year, and his research on the relationship of psychiatry to the law was such that Harvard offered Dershowitz a teaching position upon his graduation. Finishing at the top of his class in 1962, he postponed the Harvard offer to clerk for Chief Judge David L. Bazelon, of the U.S. Court of Appeals. This clerkship was followed by another with Supreme Court justice Arthur J. Goldberg.

Appointed associate professor at Harvard Law School in 1964, Dershowitz went on to become, three years later, the youngest tenured professor in the school's history at twenty-eight. His specialty, criminal law, did not prevent him from continuing the academic research he had begun at Yale, and he coauthored the standard casebook Psychoanalysis, Psychiatry, and the Law (1967). He also began a lifelong immersion in liberal political issues. As protest over the Vietnam War galvanized campuses around the United States, Dershowitz created a course on legal concerns raised by the war, which inspired similar courses at numerous law schools. He worked privately on behalf of several antiwar protesters, including Harvard students facing disciplinary proceedings and the antiwar leader Dr. Benjamin M. Spock. In 1972 he drafted a successful appeal for William M. Kunstler, a radical lawyer convicted of contempt of court for his defense of the Chicago Eight antiwar activists at the 1968 Democratic convention.

Free speech concerns animated Dershowitz to fight censorship of pornography. In his view, "There is simply no justification for government censorship of offensive material of any kind." Even if pornography can be shown to lead to violence against women, Dershowitz opposes any controls on it. His position is that of a classic First Amendment absolutist: fight bad speech with good speech, but do not limit speech.

Dershowitz made his first Supreme Court argument in 1969, attempting to remove a Boston ban on screenings of the internationally acclaimed Swedish film I Am Curious (Yellow). Championed by intellectuals such as Norman Mailer, the sexually explicit film was the first of its kind to be distributed commercially in the United States. Dershowitz successfully argued before a three-judge Court that the First Amendment protected the rights of consenting adults to view whatever they chose in a discreet setting. After the Supreme Court remanded the case, the prosecution was dismissed and the ban was lifted.

In 1976 Dershowitz handled the appeal of Harry Reems, a star in the pornographic film Deep Throat. Several years after acting in the film, Reems had been convicted on federal charges of taking part in an ongoing conspiracy to transport it across state lines. Dershowitz won a new trial for Reems, and the Justice Department later dropped the indictment.

The attorney took his first criminal case in 1972. His defense of Sheldon Seigel, accused of making a bomb used by the terrorist Jewish Defense League (JDL), established a pattern that Dershowitz would follow throughout his career: a commitment to civil liberties and constitutional rights regardless of the notoriety or apparent immorality of his clients. The bomb Seigel was said to have made had exploded in the Manhattan office of arts impresario Sol Hurok, killing a young woman. While associated with the JDL, Seigel had also been a government informer. When the case came to trial, the government denied making a deal protecting him from testifying against his associates. Using secret tape recordings of his client and government agents, Dershowitz destroyed the prosecution's claims. An appellate court ruled against forcing Seigel to testify, and the case against the JDL suspects was dismissed for lack of evidence. Dershowitz later said he cried upon realizing that he had gotten Seigel acquitted, thinking about the woman killed by the bomb. Yet the case had allowed him to challenge what he saw as systematic unconstitutionality in the government's handling of informers.

Defending other unpopular clients has sometimes earned Dershowitz the criticism of his peers. The attorney nonetheless accepts cases few other lawyers will touch, making him, in the words of Time Magazine, the "patron saint of hopeless cases." In 1975 he was widely criticized for agreeing to represent Bernard Bergman, a New York City nursing home operator, on appeal of his conviction for Medicare fraud and attempted bribery. The press and the public had vilified Bergman for running a chain of nursing homes in which elderly patients were abused. Dershowitz tried, unsuccessfully, to have Bergman's one-year sentence reduced to four months, arguing that the special prosecutor in the case had violated a plea bargain. In 1980 Dershowitz represented two brothers, Ricky Tison and Raymond Tison, who were convicted and sentenced to die for the crime of felony murder. The brothers had helped their father, Gary Tison, escape from prison; the father subsequently took part in a murder. Dershowitz raised the question of whether the brothers could be executed for a murder they did not plan or commit. In 1987 he argued for their lives before the Supreme Court, which remanded the case and ordered a new hearing.

A 1982 appeal for socialite Claus von B;auulow catapulted Dershowitz to greater public attention than had any of his previous endeavors. Closely watched by the press, von B;auulow's trial seemed the stuff of best-selling fiction. He had been convicted of attempting to murder his wife, heiress Martha (Sunny) Crawford von B;auulow by injecting her with insulin—presumably, to lay hands on her millions. On appeal, Dershowitz made multiple arguments for reversal or retrial. He contended that his client had been the victim of an unconstitutional search, that evidence had been withheld from the defense, and that new medical evidence raised doubts about the insulin found in Crawford's blood. The appeals court reversed von B;auulow's conviction in April 1984, and at a subsequent trial, with Dershowitz directing the defense strategy, a second jury acquitted him in 1985. The attorney wrote an account of the trial, Reversal of Fortune (1986), which later became an Academy Award-winning film.

Throughout the 1980s and early 1990s, Dershowitz seldom escaped public notice for his work on behalf of a string of controversial clients. He represented, among others, Leona Helmsley, a hotel magnate convicted of tax evasion; Michael R. Milken, a Wall Street junk-bond financier who pleaded guilty to six felonies; Jonathan Pollard, a U.S. intelligence analyst who pleaded guilty to spying for Israel; and Mike Tyson, a former heavyweight champion who was convicted of rape. Dershowitz lost these appeals, but not for want of trying. His tactics routinely include a vociferous use of the media, on the assumption that judges and juries are influenced by what they see and read. Besides numerous interviews, he also has taken out full-page ads in the New York Times on behalf of clients, for example, Milken. But not all Dershowitz's clients are celebrities. He conducts pro bono work for those unable to afford a lawyer, let alone his reputed $400-an-hour fee.

As an appellate lawyer, Dershowitz estimates his chance of losing a client's appeal at 95 percent, saying, "I'm like a brain surgeon brought in after the tumor's been discovered." He cites constitutional concerns as his justification for his choice of clients. Others have accused him of greed and grandstanding. His one-time ally, the late Kunstler, was one such critic, bemoaning what he considered a former idealist's selling out. No stranger to criticism, Dershowitz gives as well as he takes. He frequently addresses audiences, writes articles, gives press conferences, and conducts debates with his critics and those with whom he disagrees. In the mid-1980s, he attacked the Justice Department under President Ronald Reagan as "dangerous for our constitutional health." A major area of battle for him in the early 1990s was the trend on university and college campuses toward "political correctness," which he views as stifling to free speech and detrimental to education. Denouncing the trend, Dershowitz said, "We are tolerating and teaching intolerance and hypocrisy."

Committed to working on behalf of Jewish rights, Dershowitz traveled to the Soviet Union in 1974 as part of the Soviet Jewry Defense Project. This U.S. group submitted appeals on behalf of fourteen Russian Jews and two non-Jews sentenced to prison terms for conspiracy after their emigration visas were refused. The effort helped to bring about the early release of several prisoners, who immigrated to Israel. Dershowitz also attempted to represent Russian dissident Anatoly Scharansky, but was blocked by Soviet authorities. A tireless foe of anti-Semitism whose office door is decorated with hate mail, Dershowitz argued in his best-selling 1991 book Chutzpah that U.S. Jews have too long accepted being second-class citizens. Named for the Yiddish expression for brashness, Chutzpah made an impassioned plea for greater pride: "We need not be apologetic or defensive about our power in America." The book won high praise from Nobel laureate Saul Bellow and others, although some Jewish intellectuals regarded it as overzealous.

Dershowitz has received many awards honoring his work on civil and human rights. These include a Guggenheim Fellowship in 1979, a commendation from the New York Criminal Bar Association in 1981, and the William O. Douglas First Amendment Award from the Anti-Defamation League of the B'nai Brith in 1983.


Wikipedia on Answers.com:

Alan Dershowitz

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Alan Dershowitz
photograph
Born September 1, 1938 (1938-09-01) (age 73)
Brooklyn, New York
Nationality American
Ethnicity Jewish
Education Brooklyn College (A.B.)
Yale Law School (LL.B)
Occupation Felix Frankfurter Professor of Law at Harvard Law School
Spouse 1. Sue Barlach
2. Carolyn Cohen
Parents Harry and Claire Dershowitz
Website
www.alandershowitz.com

Alan Morton Dershowitz (born September 1, 1938) is an American lawyer, jurist, and political commentator. He has spent most of his career at Harvard Law School where in 1967, at the age of 28, he became the youngest full professor of law in its history. He has held the Felix Frankfurter professorship there since 1993.[1]

Dershowitz is known for his involvement in several high-profile legal cases and as a commentator on the Arab–Israeli conflict. As a criminal appellate lawyer, he has won 13 of the 15 murder and attempted murder cases he has handled, and has represented a series of celebrity clients, including Mike Tyson, Patty Hearst, and Jim Bakker.[2] His most notable cases include his role in 1984 in overturning the conviction of Claus von Bülow for the attempted murder of his wife, Sunny, and as the appellate adviser for the defense in the O.J. Simpson trial in 1995.[3]

A political liberal,[4][5][6][7] he is the author of a number of books about politics and law, including Reversal of Fortune: Inside the von Bülow Case (1985), the basis of the 1990 film; Chutzpah (1991); Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case (1996); The Case for Israel (2003); Rights From Wrongs: A Secular Theory of the Origins of Rights (2004)[8] and The Case for Peace (2005).

Contents

Early life

Dershowitz was born in Williamsburg, Brooklyn, to Harry and Claire Dershowitz, an Orthodox Jewish couple, and was raised in Borough Park.[9] His father was a founder and president of the Young Israel Synagogue in the 1960s, served on the board of directors of the Etz Chaim School in Borough Park, and in retirement was co-owner of the Manhattan-based Merit Sales Company.[10] According to Dershowitz, Harry had a strong sense of justice and talked about how it was "the Jew's job to defend the underdog."[11]

Dershowitz's first job was at a deli factory on Manhattan's Lower East Side in 1952, at age 14. He recalls tying the strings that separated the hot dogs and once getting locked in the freezer.[12] He attended Yeshiva University High School, where he played on the basketball team. He was a rebellious student, often criticized by his teachers. The school's career placement center told him he had talent and was capable of becoming an advertising executive, funeral director, or salesman. He later said his teachers told him to do something that "requires a big mouth and no brain ... so I became a lawyer."[13] After graduating from high school, he attended Brooklyn College and received his A.B. in 1959. Next he attended Yale Law School, where he was editor-in-chief of the Yale Law Journal,[9] and graduated first in his class with a Bachelor of Laws (LL.B.) in 1962.[1] He has been a member of a Conservative minyan at Harvard Hillel, but is now a secular Jew.[14] He is married to Carolyn Cohen and has three children.[15]

Career

After being admitted to the bar, Dershowitz served as a clerk for David L. Bazelon, the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. He said that "Bazelon was my best and worst boss at once ... He worked me to the bone; he didn't hesitate to call at 2 a.m. He taught me everything—how to be a civil libertarian, a Jewish activist, a mensch. He was halfway between a slave master and a father figure." During the 1963–1964 term, he served as law clerk for the Supreme Court Associate Justice Arthur Goldberg. He told Tom Van Riper of Forbes that getting a Supreme Court clerkship was probably his second big break; his first was when, at age 14 or 15, a camp counselor told him he was smart but that his mind operated a little differently.[12] He joined the faculty of Harvard Law School as an assistant professor in 1964, and was made a full professor in 1967 at the age of 28, at that time the youngest full professor of law in the school's history.[16] He was appointed Felix Frankfurter professor of law in 1993.[1]

Much of his legal career has focused on criminal law, and his clients have included high-profile figures such as Patty Hearst, Harry Reems, Leona Helmsley, Jim Bakker, Mike Tyson, Michael Milken, O.J. Simpson and Kirtanananda Swami. He sees himself as a "lawyer of last resort"—someone to turn to when the defendant has few other legal options—and takes those cases that are what he calls "the most challenging, the most difficult and precedent-setting cases."[15] He is currently advising Julian Assange's legal team.[17]

Recognition

Dershowitz has been described by Newsweek as America's "most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights."[1] He was named a Guggenheim Fellow in 1979, and in 1983 received the William O. Douglas First Amendment Award from the Anti-Defamation League for his work on civil rights.[18] In November 2007, he was awarded the Soviet Jewry Freedom Award by the Russian Jewish Community Foundation.[19] In December 2011, he was awarded the Menachem Begin Award of Honor by the Menachem Begin Heritage Center at an event co-sponsored by NGO Monitor.[20] He has been awarded honorary doctorates in law from Yeshiva University, the Hebrew Union College, Monmouth University, University of Haifa, Syracuse University, Fitchburg State College, Bar-Ilan University, and Brooklyn College.[1] In addition, he is a member of the International Advisory Board of NGO Monitor.[21]

Cases

Pornography (1976)

In 1976, Dershowitz handled the successful appeal of Harry Reems, who had been convicted of distribution of obscenity resulting from his acting in the pornographic movie Deep Throat. In public debates, Dershowitz commonly argues against censorship of pornography on First Amendment grounds, and maintains that consumption of pornography is not harmful.[22]

Claus von Bülow (1984)

Dershowitz represented Claus von Bülow, a British socialite, at appeal for the attempted murder of his wife, Sunny von Bülow, who died in 2008 after going into a coma in Newport, Rhode Island in 1980. He had the conviction overturned, and von Bülow was acquitted in a retrial.[23] Dershowitz told the story of the case in his book, Reversal of Fortune: Inside the von Bülow case (1985), which was turned into a movie in 1990. Dershowitz was played by actor Ron Silver, and Dershowitz himself had a cameo role as a judge.

Józef Glemp (1989)

In 1989, Dershowitz filed a defamation suit against Cardinal Józef Glemp, then Archbishop of Warsaw, on behalf of Rabbi Avi Weiss. Glemp had accused Weiss and six other New York Jews of attacking nuns at a much-disputed convent on the site of the Auschwitz concentration camp. Glemp's statement about Weiss, made in July 1989, was coupled with suggestions that Jews control the world's news media. Dershowitz's account of the lawsuit appears in his book Chutzpah (1991).[24]

Mike Barnicle (1990)

Dershowitz sued The Boston Globe in 1990 over a remark reporter Mike Barnicle attributed to him, in which Dershowitz allegedly said he preferred Asian women because they are deferential to men. Dershowitz reportedly received a $75,000 out-of-court settlement and the newspaper's ombudsman questioned Barnicle's credibility, according to The Boston Phoenix.[25]

O.J. Simpson (1995)

Dershowitz acted as an appellate adviser to O.J. Simpson's defense team during the trial, and later wrote a book about it, Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case (1996). He wrote: "the Simpson case will not be remembered in the next century. It will not rank as one of the trials of the century. It will not rank with the Nuremberg trials, the Rosenberg trial, Sacco and Vanzetti. It is on par with Leopold and Loeb and the Lindbergh case, all involving celebrities. It is also not one of the most important cases of my own career. I would rank it somewhere in the middle in terms of interest and importance."[26] The case has been described as the most publicized criminal trial in American history.[27]

Jeffrey Epstein (2006)

Dershowitz provided legal assistance to friend and reported billionaire Jeffrey Epstein, who was investigated following accusations that he had repeatedly solicited sex from minors. Dershowitz investigated some of Epstein's accusers and provided both the police and the State attorney’s office with a dossier containing information about their personal behavior, which had been obtained from their personal MySpace pages, including allegations of alcohol and drug use. Eventually, in 2008, Epstein plead guilty to a single state charge of soliciting prostitution and began serving an 18-month sentence.[28]

Views

On Israel

While Dershowitz is an outspoken supporter of Israel, Dershowitz self-identifies as "Pro-Israel and Pro-Palestine".[29] Dershowitz engaged in highly publicized debates with a number of other commentators, including Meir Kahane, Noam Chomsky, and Norman Finkelstein. When former U.S. President Jimmy Carter had his book Palestine: Peace Not Apartheid (2006) published—in which he argues that Israel's control of Palestinian land is the primary obstacle to peace—Dershowitz challenged Carter to a debate at Brandeis University. Carter declined, saying, "I don't want to have a conversation even indirectly with Dershowitz. There is no need to debate somebody who, in my opinion, knows nothing about the situation in Palestine."[30] Carter did address Brandeis in January 2007, but only Brandeis students and staff were allowed to attend. Dershowitz was invited to respond on the same stage only after Carter had left.[31]

He also took part in the Doha Debates at Georgetown University in April 2009, where he spoke against the motion "this House believes it's time for the US to get tough on Israel," with Dore Gold, President of the Jerusalem Center for Public Affairs. Speakers for the motion were Avraham Burg, former Chairman of the Jewish Agency for Israel and former Speaker of the Knesset; and Michael Scheuer, former Chief of the CIA Bin Laden Issue Station. Dershowitz's side lost the debate, with 63 percent of the audience voting for the motion.[32]

Harvard-MIT divestment petition

Randall Adams of The Harvard Crimson writes that, in the spring of 2002, a petition within Harvard calling for Harvard and MIT to divest from Israel and American companies that sell arms to Israel gathered over 600 signatures, including 74 from the Harvard faculty and 56 from the MIT faculty. Among the signatures was that of Harvard's Winthrop House Master Paul D. Hanson, in response to which Dershowitz staged a debate for 200 students in the Winthrop Junior Common Room. He called the petition's signatories antisemitic, bigots, and said they knew nothing about the Middle East. "Your House master is a bigot," he told the students, "and you ought to know that." Adams writes that Dershowitz cited examples of human rights violations in countries that the United States supports, such as the execution of homosexuals in Egypt and the repression of women in Saudi Arabia, and said he would sue any professor who voted against the tenure of another academic because of the candidate's position toward Israel, calling them "ignoramuses with Ph.D.s."[33]

"New Response to Palestinian Terrorism" (2002)

In March 2002, Dershowitz published an article in The Jerusalem Post entitled "New Response to Palestinian Terrorism." In it, he wrote that Israel should announce a unilateral cessation in retaliation, at the end of which it would "announce precisely what it will do in response to the next act of terrorism. For example, it could announce the first act of terrorism following the moratorium will result in the destruction of a small village which has been used as a base for terrorist operations. The residents would be given 24 hours to leave, and then troops will come in and bulldoze all of the buildings." The list of targets would be made public in advance.[34] The proposal attracted criticism from within Harvard University and beyond.[35] James Bamford argued in The Washington Post that it would violate international law.[36] Norman Finkelstein wrote that "it is hard to make out any difference between the policy Dershowitz advocates and the Nazi destruction of Lidice, for which he expresses abhorrence—except that Jews, not Germans, would be implementing it."[37]

Norman Finkelstein

Shortly after the publication of Dershowitz's The Case for Israel (2003), Norman Finkelstein of DePaul University said the book contained plagiarism.[38] He offered several examples, one of which was a quote from Mark Twain appearing on pages 23–24 of The Case for Israel, which he said was the same as one on pages 159–160 of From Time Immemorial by Joan Peters, including with the ellipses in the same place.[39] Dershowitz said the quote was taken from Mark Twain, to whom he gave credit. Harvard's president, Derek Bok, investigated the allegation and determined that no plagiarism had occurred.[40]

In early 2004 it was announced that Dr Finkelstein would publish a study rebutting Professor Alan Dershowitz’s The Case for Israel and documenting that extensive passages in his book had been plagiarized. Dershowitz and his attorneys entered into a protracted correspondence with the publisher, originally New Press and subsequently University of California Press also involving Governor Schwarzenegger. [41] Dershowitz had pressured the publishers suppressing the release of Beyond Chutzpah, yet refused to release his correspondence – indeed, falsely claiming that he had released it. Later in 2007 a California Public Records Act (CPRA) request was made to the University of California Press and the letters were released.[42][43]

In October 2006, Dershowitz wrote to DePaul University faculty members to lobby against Finkelstein's application for tenure. The university's Liberal Arts and Sciences faculty voted to send a letter of complaint to Harvard University.[44] In June 2007, DePaul University denied Finkelstein tenure.[45]

Mearsheimer and Walt

In March 2006, John Mearsheimer, Professor of Political Science at the University of Chicago, and Stephen Walt, Professor of International Affairs at Harvard's Kennedy School of Government, co-wrote a paper entitled "The Israel Lobby and U.S. Foreign Policy," published in The London Review of Books.[46] Mearsheimer and Walt criticized what they described as "the Israel lobby" for influencing U.S. foreign policy in the Middle East in a direction away from U.S. interests and toward Israel's interests. They referred to Dershowitz specifically as an "apologist" for the Israel lobby. In an interview in March 2006 for The Harvard Crimson, Dershowitz called the article "one-sided" and its authors "liars" and "bigots."[47] The following day on MSNBC's Scarborough Country, he suggested the paper had been taken from various hate sites: "every paragraph virtually is copied from a neo-Nazi Web site, from a radical Islamic Web site, from David Duke’s Web site."[48] Dershowitz subsequently wrote a report challenging the paper, arguing that it contained "three types of major errors: quotations are wrenched out of context, important facts are misstated or omitted, and embarrassingly weak logic is employed."[49] In a letter in the London Review of Books in May 2006, Mearsheimer and Walt denied that they had used any racist sources for their article, writing that Dershowitz had offered no evidence to support what they said was his false claim.[50]

2006 Israel-Lebanon conflict

In July 2006, Dershowitz wrote a series of articles defending the conduct of the Israel Defense Forces during the 2006 Israel-Lebanon conflict. There was an international outcry at the time regarding escalating Lebanese civilian deaths and the destruction of civilian infrastructure resulting from Israel's stated attempt to weaken or destroy Hezbollah. After the UN High Commissioner for Human Rights Louise Arbour indicated that Israeli officials might be investigated and indicted for possible war crimes, Dershowitz labeled her statement "bizarre," called for her dismissal, and wrote about what he called the "absurdity and counterproductive nature of current international law."[51] In a Boston Globe editorial several days later, he argued that Israel was not to blame for civilian deaths: "Israel has every self-interest in minimizing civilian casualties, whereas the terrorists have every self-interest in maximizing them—on both sides. Israel should not be condemned for doing what every democracy would and should do: taking every reasonable military step to stop the killing of their own civilians."[52]

Second Amendment and the U.S. Constitution

Dershowitz is strongly opposed to firearms ownership and the Second Amendment, and supports repealing the amendment, but he vigorously opposes using the judicial system to read it out of the Constitution because it would open the way for further revisions to the Bill of Rights and Constitution by the courts. "Foolish liberals who are trying to read the Second Amendment out of the Constitution by claiming it's not an individual right or that it's too much of a public safety hazard don't see the danger in the big picture. They're courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don't like."[53]

Views on torture

Following the September 11, 2001 attacks, Dershowitz published an article in The San Francisco Chronicle entitled "Want to Torture? Get a Warrant," in which he advocated the issuance of warrants permitting the torture of terrorism suspects, if there were an "absolute need to obtain immediate information in order to save lives coupled with probable cause that the suspect had such information and is unwilling to reveal it."[54] He argued that authorities should be permitted to use non-lethal torture in a "ticking time bomb scenario," and that it would be less destructive to the rule of law to regulate the process than to leave it to the discretion of individual law-enforcement agents. He favors preventing the government from prosecuting the subject of torture based on information revealed during such an interrogation.[55] The "ticking time bomb scenario" is the subject of a play, The Dershowitz Protocol, by Canadian author Robert Fothergill, in which the American government has established a protocol of "intensified interrogation" for terrorist suspects.[56]

William F. Schulz, Executive Director of the U.S. section of Amnesty International, found Dershowitz's ticking-bomb scenario unrealistic because, he argued, it would require that "the authorities know that a bomb has been planted somewhere; know it is about to go off; know that the suspect in their custody has the information they need to stop it; know that the suspect will yield that information accurately in a matter of minutes if subjected to torture; and know that there is no other way to obtain it."[57] James Bamford of The Washington Post described one of the practices recommended by Dershowitz—the "sterilized needle being shoved under the fingernails"—as "chillingly Nazi-like."[36]

Animal rights

Dershowitz is one of a number of scholars at Harvard Law School who have expressed their support for limited animal rights.[58] In his Rights from Wrongs: A Secular Theory of the Origins of Rights (2004), he writes that, in order to avoid human beings treating each other the way we treat animals, we have made what he calls the "somewhat arbitrary decision" to single out our own species for different and better treatment. "Does this subject us to the charge of speciesism? Of course it does, and we cannot justify it, except by the fact that in the world in which we live, humans make the rules. That reality imposes on us a special responsibility to be fair and compassionate to those on whom we impose our rules. Hence the argument for animal rights."[59]

Books

Notes

  1. ^ a b c d e Dershowitz, Alan. "Biographical Statement". AlanDershowitz.com, accessed November 20, 2010.
  2. ^ For his having won 13 out of 15, see Pollak, Joe. "Dershowitz wins 13th murder case", Harvard Law Record, January 22, 2009.
  3. ^ "Alan Dershowitz", The Huffington Post, accessed November 20, 2010.
  4. ^ Lithwick, Dahlia (7 January 2005). "Stand by Your Memos: Alberto Gonzales' refusal to defend even the defensible.". Slate. http://www.slate.com/id/2112017/. Retrieved 19 September 2011. 
  5. ^ Totenberg, Nina (14 June 2007). "Libby Ordered to Prison While Awaiting Appeal". NPR. 
  6. ^ Sachs, Andrea (July 1992). "Hiring Splits Harvard Law: Parody of murdered professor's article increases rancor". ABA Journal. http://books.google.com/books?id=wk_i8N-YKHkC&pg=PA31&lpg=PA31#v=onepage&q&f=false. Retrieved 19 September 2011. 
  7. ^ "Americans mull national ID cards". CNN. 31 October 2001. http://articles.cnn.com/2001-10-31/us/rec.national.id.cards_1_id-cards-oracle-terrorist-attacks?_s=PM:US. Retrieved 19 September 2011. 
  8. ^ "Alan M. Dershowitz: Bibliography", Harvard Law School, accessed November 20, 2010.
  9. ^ a b Dershowitz, Alan M. Chutzpah. Touchstone Books, 1992, pp. 35, 41.
  10. ^ "Harry Dershowitz", The New York Times, April 26, 1984.
  11. ^ Smith, Dinitia. "Trying to save Leona", New York magazine, March 12, 1990, pp. 28–35.
  12. ^ a b Van Riper, Tom. "First Job: Alan Dershowitz," Forbes, May 23, 2006, accessed November 20, 2010.
  13. ^ Stull, Elizabeth. "Son of Brooklyn Brings Home Legacy of High-Profile Trials", Brooklyn Daily Eagle, September 25, 2003, accessed November 20, 2010.
  14. ^ Rosen, Jonathan. "Abraham's Drifting Children", The New York Times, March 30, 1997.
  15. ^ a b Vile, John R. Great American Lawyers: An Encyclopedia (Volume 1), ABC-CLIO, 2001, pp. 198–207.
  16. ^ Spero, Josh. "No stranger to controversy, Dershowitz remains unapologetic", The Times, March 14, 2006.
  17. ^ Mozgovaya, Natasha. "Alan Dershowitz to WikiLeaks Founder Assange's Legal Team", Haaretz, February 16, 2011.
  18. ^ Champion, Dean John. Sentencing: A Reference Handbook, ABC-CLIO, 2008, pp. 131–132.
  19. ^ "Dershowitz cited for Soviet Jewry efforts", JTA, November 16, 2007, accessed November 20, 2010.
  20. ^ Menachem Begin Heritage Center Bulletin Vol. 8 No. 7
  21. ^ International Advisory Board of NGO Monitor
  22. ^ McGrath, Charles. "An X-Rated Phenomenon Revisited", The New York Times, February 9, 2005.
  23. ^ State v. von Bulow, 475 A.2d 995 (R.I. 1984).
  24. ^ Dershowitz, Alan. Chutzpah. Simon & Schuster, 1992, p. 152ff.
  25. ^ Kennedy, Dan. "Barnicle's Game", The Boston Phoenix, August 13–20, 1998.
  26. ^ "Looking back at the OJ trial", Time, June 9, 1999.
  27. ^ "Confusion for Simpson kids 'far from over'". USA Today. February 12, 1997. http://www.usatoday.com/news/index/nns224.htm. Retrieved December 5, 2008. 
  28. ^ "The Fantasist", New York Magazine, December 8, 2007.
  29. ^ Dershowitz, Alan (2008). he Case Against Israel's Enemies: Exposing Jimmy Carter and Others Who. Hoboken, New Jersey: Wiley. p. 15. ISBN 0-470-37992-8. http://www.amazon.com/Case-Against-Israels-Enemies-Exposing/dp/0470379928. Retrieved 2010-12-12. 
  30. ^ Dershowitz, Alan. The Case Against Israel's Enemies. John Wiley and Sons, 2009, p. 20.
  31. ^ Belluck, Pam. "Jimmy Carter Responds to Critics at Brandeis", The New York Times, January 24, 2007.
  32. ^ ?d=48&s=5&mode=transcript "This House believes it's time for the US to get tough on Israel", The Doha Debates, March 25, 2009, accessed November 20, 2010.
  33. ^ Adams, Randall T. "Dershowitz: Divestment Petitioners Are 'Bigots,'" The Harvard Crimson October 8, 2002, accessed November 20, 2010.
  34. ^ Dershowitz, Alan M. "New Response to Palestinian Terrorism", March 11, 2002.
  35. ^ Villarreal, David. "Dershowitz Editorial Draws Fire," The Harvard Crimson, March 18, 2002, accessed November 20, 2010.
  36. ^ a b Bamford, James. "Strategic Thinking", The Washington Post'' September 8, 2002, accessed November 20, 2010.
  37. ^ Finkelstein, Norman. Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History. University of California Press, 2005, p. 176.
  38. ^ Amy Goodman, "Scholar Norman Finkelstein Calls Professor Alan Dershowitz's New Book On Israel a 'Hoax'," Democracy Now!, 24 September 2003, accessed February 10, 2007.
  39. ^ Menetrez, Frank J. "Dershowitz v. Finkelstein: Who's Right and Who's Wrong?" Epilogue to Finkelstein, Norman. Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History. University of California Press, 2005, p. 363ff.. Also available at http://www.counterpunch.org/menetrez04302007.html
  40. ^ Finkelstein, Norman. Beyond Chutzpah. University of California Press, 2008, p. 298.
  41. ^ http://www.normanfinkelstein.com/img/features/dershletters/letters/12-22-2004_LetterToGov.pdf
  42. ^ http://www.normanfinkelstein.com/img/features/dershletters/letters/06-01-2005_CSMToMacDonald.pdf
  43. ^ "In Praise of Smoking Guns: The Dershowitz File | Norman G. Finkelstein". Normanfinkelstein.com. http://www.normanfinkelstein.com/in-praise-of-smoking-guns-the-dershowitz-file/. Retrieved 2011-09-22. 
  44. ^ Howard, Jennifer. "Harvard Law Professor Works to Disrupt Tenure Bid of Longtime Nemesis at DePaul U.", Chronicle of Higher Education, April 5, 2007.
  45. ^ "DePaul denies tenure to controversial professor", The Associated Press , June 10, 2007.
  46. ^ Mearsheimer, John and Walt, Stephen. "The Israel Lobby", The London Review of Books, March 23, 2006, accessed November 20, 2010.
  47. ^ Bhayani, Paras D. and Friedman, Rebecca R. "Dean Attacks ‘Israel Lobby’", The Harvard Crimson March 21, 2006.
  48. ^ Dershowitz, Alan. "'Scarborough Country' for March 21", MSNBC, updated March 22, 2006, accessed November 20, 2010.
  49. ^ Dershowitz, Alan. "Debunking the Newest––and Oldest––Jewish Conspiracy", John F. Kennedy School of Government, Harvard Law School, April 6, 2006, accessed November 20, 2010.
  50. ^ Mearsheimer, John and Walt, Stephen. "The Israel Lobby," London Review of Books, May 11, 2006, accessed November 20, 2010.
  51. ^ Dershowitz, Alan M. "Arbour Must Go," National Post July 21, 2006, accessed November 20, 2010.
  52. ^ Dershowitz, Alan M. "Blame the Terrorists Not Israel", The Boston Globe, July 24, 2006, accessed November 20, 2010.
  53. ^ Gifford, Dan. "The Conceptual Foundations of Anglo-American Jurisprudence in Religion and Reason", Tennessee Law Review. Vol. 62, No. 3, 1995, p. 759.
  54. ^ Dershowitz, Alan M. "Want to torture? Get a warrant," The San Francisco Chronicle January 22, 2002.
  55. ^ "Dershowitz: Torture could be justified", CNN March 4, 2003, accessed November 20, 2010.
  56. ^ Rosen, Jo Ann. "The Dershowitz Protocol", NYtheatre.com, accessed November 20, 2010.
  57. ^ Schulz, William. "The Torturer's apprentice: Civil liberties in a turbulent age", The Nation, May 13, 2002.
  58. ^ "Darwin, Meet Dershowitz: Courting Legal Evolution at Harvard Law", The Animals' Advocate 21 (Winter 2002), accessed November 20, 2010.
  59. ^ Dershowitz, Alan. Rights from Wrongs: A Secular Theory of the Origins of Rights. Basic Books, 2004, pp. 198–199.
    • Also see his Shouting Fire: Civil Liberties in a Turbulent Age. Little, Brown, 2002, chapter nine, particularly pp. 84–85.

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