For more information on Alan Morton Dershowitz, visit Britannica.com.
| Britannica Concise Encyclopedia: Alan Morton Dershowitz |
For more information on Alan Morton Dershowitz, visit Britannica.com.
| 5min Related Video: Alan Dershowitz |
| Biography: Alan M. Dershowitz |
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).
| Legal Encyclopedia: Dershowitz, Alan Morton |
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: Alan Dershowitz |
| Alan Dershowitz | |
|---|---|
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| Born | September 1, 1938 Brooklyn, New York, |
| Nationality | United States |
| Fields | Criminal law |
| Institutions | Harvard Law School |
| Alma mater | Brooklyn College Yale Law School |
| Religious stance | Judaism (Agnostic)[1] |
Alan Morton Dershowitz (born September 1, 1938) is an American lawyer, jurist, and political commentator. He is the Felix Frankfurter Professor of Law at Harvard Law School. Dershowitz is known for his career as an attorney in several high-profile law cases and commentary on the Arab-Israeli conflict.[2] He has spent most of his career at Harvard, where, at the age of 28, he became the youngest full professor of law in its history.
As a criminal appellate lawyer, Dershowitz has won thirteen out of the fifteen murder and attempted murder cases he has handled.[3] Notable cases include his successful argument that overturned the conviction of Claus von Bülow for the attempted murder of Bülow's wife, and his role as the appellate advisor for the defense in the criminal trial of O.J. Simpson.
Dershowitz was born in the Williamsburg neighborhood in the New York City borough of Brooklyn, and grew up in Borough Park.[4] His parents, Harry and Claire (died August 12, 2008), were both Orthodox Jews.[5] Harry Dershowitz (May 8, 1909–April 26, 1984)[6] 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. Harry Dershowitz's father, Louis Dershowitz, was an immigrant from Pilzno, Poland.[7] Alan Dershowitz's brother Nathan, who at the time of their father's death was counsel for the American Jewish Congress, is a partner in the New York City law firm Dershowitz, Eiger & Adelson. [8]
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.[9]
Dershowitz 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, however, told him that he had talent and was capable of becoming an advertising executive, funeral director, or salesman. In a video interview on Leadel.NET, a Jewish media portal, Dershowitz later said that his "teachers said I should do something that requires a big mouth and no brain ... so I became a lawyer."[10] In another interview, when asked what he considered to be his "big breaks," Dershowitz said that he "had never been very good in school," so they included being told by a camp counselor at age 14 or 15 that "I was smart but my mind operated a little differently."[9]
After graduation from high school, he attended Brooklyn College and received a Bachelor of Arts degree in 1959. Next he attended Yale Law School, where he was editor-in-chief of the Yale Law Journal.[11] He graduated first in his class with a Bachelor of Laws (LL.B.) in 1962.[12]
As a yeshiva graduate, Dershowitz reads Hebrew fluently. He has been a member of a Conservative minyan (Worship and Study Minyan) at Harvard Hillel.
After being admitted to the bar, Dershowitz served as a law clerk for David L. Bazelon, the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. Dershowitz has 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"[9]
During the 1963-1964 term, Dershowitz served as law clerk for U.S. Supreme Court Associate Justice Arthur Goldberg. Dershowitz has said that "getting a Supreme Court clerkship" was "probably" his second "big break"[9].
He joined the faculty of Harvard Law School as an assistant professor of law in 1964. He was made a full professor of law in 1967 at the age of 28, becoming the youngest person to achieve that distinction in the history of Harvard Law school up to that time. He was appointed the Felix Frankfurter Professor of Law in 1993, succeeding Abram Chayes.
Much of Dershowitz's legal career has focused on criminal law, and his clients have included high-profile figures such as Patricia Hearst, Harry Reems, Leona Helmsley, Jim Bakker, Mike Tyson, Michael Milken, O.J. Simpson and Kirtanananda Swami. While representing Claus von Bülow he had the case overturned on appeal; in a retrial, von Bülow was acquitted. Afterwards, Dershowitz told the story of the case in his book, Reversal of Fortune. In the movie version, Dershowitz was played by actor/activist Ron Silver, and Dershowitz himself had a cameo as a judge. Regarding the O.J. Simpson murder case, about which he wrote the book Reasonable Doubts (which includes "an extensive discussion of both the glove and the sock and the forensic evidence"), Dershowitz evaluates the importance of that case for jurisprudence and for his own overall career: "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." [13]
Dershowitz comments regularly on issues related to Judaism, Israel, civil liberties, the War on Terror, and the First Amendment, and appears frequently in the mainstream media as a guest commentator. Dershowitz is an outspoken commentator on the history and politics of Israel. He has engaged in highly publicized media confrontations regarding torture and the Israeli-Palestinian Conflict with Rabbi Meir Kahane, Norman Finkelstein, and former President Jimmy Carter, among others.[14][15]
In spring 2002, as reported later by the Harvard Crimson, a "petition, which calls for Harvard and MIT to divest from Israel and from American companies that sell arms to Israel, [and which] also calls for the U.S. government to stop supplying weapons until four specific conditions are met by the Israeli government," gathered over 600 signatures, including 74 from the Harvard faculty and 56 from MIT faculty members.[16] Among the signatures was that of Harvard's Winthrop House Master Paul D. Hanson, who "signed the petition as a professor of Near Eastern Languages and Civilizations" and whom Dershowitz "publicly challenged...to a debate over the Israel divestment petition."[16] But "saying Hanson had turned down his offer, Dershowitz staged a solo debate in the Winthrop Junior Common Room [at Harvard]. Standing beside a chair with a copy of the petition taped to it, he said students and professors who had signed the petition were antisemitic and knew 'basically nothing about the Middle East.'" According to Adams, "'Your House master is a bigot and you ought to know that,' he told the crowd of about 200 students. 'Everyone else who signed that petition is also a bigot.'"[16] In his presentation to the students,
Dershowitz reviewed the four conditions demanded by the petition and argued Israel was already in compliance," saying "It’s a little bit strange that there should be such a huge debate about four issues which have already been resolved".... He said he personally supports a Palestinian state but argued that, compared with other groups seeking statehood, Palestinians hold a lower "moral priority" because they rejected a U.N. proposal for dividing the Middle East after the Second World War that included the creation of a Palestinian state. Dershowitz also said Israel should not be singled out as a violator of human rights. He said Israel stands among the top ten most rights-conscious nations in the world.... "By any criteria, Israel’s record on human rights is better than any country in the Middle East," he said.... He cited examples of human rights violations in countries that the U.S. supports, such as the execution of homosexuals in Egypt and the repression of women in Saudi Arabia.... Dershowitz said he distinguishes between criticizing the Israeli government and signing the divestment petition. He said criticism of the government, which he said he participates in, is not inherently anti-semitic, while signing the petition is.... He also threatened to sue any professor who votes against the tenure of another based on the candidate’s ties to Israel, calling them "ignoramuses with Ph.D.’s."[16]
According to Adams, "Many members of the audience, which generally supported Dershowitz and applauded for him several times, said they appreciated the presentation.... 'I thought it was great,' said Rachel S. Weinerman ’03, a student in Dunster House. 'This type of honest sentiment about the divestment petition has long been warranted.'"[16] However, many other students[who?] thought the attacks were simply offensive and without academic merit, 'It’s an offensive thing for a professor to say about a House master for a large number of Harvard students,' ... adding Dershowitz's agenda 'clearly overstepped his bounds as a professor."[16]
On March 11, 2002 Dershowitz published an article in The Jerusalem Post entitled "New Response to Palestinian Terrorism."[17] In it, he says that "to succeed [in deterrence and retaliation], Israel must turn the Palestinian leadership and people against the use of terrorism and the terrorists themselves." He proposed that "Israel should announce an immediate unilateral cessation in retaliation," which would be a short moratorium "to give the Palestinian leadership an opportunity to respond to the new policy." Further:
Following the end of the moratorium, Israel would institute the following new policy if Palestinian terrorism were to resume. It will 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 response will be automatic. The order will have been given in advance of the terrorist attacks and there will be no discretion. The point is to make the automatic destruction of the village the fault of the Palestinian terrorists who had advance warnings of the specific consequences of their action.
He goes on to add that "[f]urther acts of terrorism would trigger further destruction of specifically named locations. The 'waiting list' targets would be made public and circulated throughout the Palestinian-controlled areas."
Dershowitz's proposal stimulated much criticism at Harvard University and beyond.[18] James Bamford, a columnist with The Washington Post, argued that "demolishing the homes of innocent relatives of those involved in suicide bombing," which Dershowitz "analyzed" in that book, is "a practice outlawed under international law."[19][20] Norman Finkelstein, in his book Beyond Chutzpah, went even further, commenting 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."[21]
In 1972, according to his critics, Dershowitz attempted to discredit Israel Shahak (1933 – 2001), then president of the Israel League for Human and Civil Rights, who had sharply criticized Israeli treatment of Palestinians. Shahak was in the process of challenging contested election results for the chairmanship of the Israel League in a legal civil action. Dershowitz claimed that Judge Lovenburg, the judge presiding in Shahak's civil suit, had ruled that Shahak was properly unseated, and Dershowitz challenged anyone to provide evidence to the contrary. In response, Noam Chomsky argued that the court had opined that the elections had not been held properly, that no conclusions or actions were to be drawn from it, and that Shahak and his colleagues were to continue to function as "those who now direct" the Israel League for Human and Civil Rights.[22] The controversy initiated by this dispute has fuelled ongoing personal animosity between Dershowitz and Chomsky, both known as outspoken academics holding opposite positions on issues pertaining to the Israeli-Palestinian Conflict, for over 35 years.[23] An exchange concerning a letter about the conflict between Israel and Hezbollah in Lebanon signed by Chomsky and others was published in Z Magazine on September 6, 2006.[24] (See References: Alan Dershowitz and Noam Chomsky.)
Shortly after the publication of Dershowitz's 2003 book The Case for Israel a debate was broadcast by Democracy Now!, a news radio and television program, where Norman Finkelstein, in what he called a "scholarly judgment," said that the book is "a collection of fraud, falsification, plagiarism and nonsense." To demonstrate his point, Finkelstein gave series of examples throughout the show, one of which was pointing out a long quote from Mark Twain appearing on pages 23–24 of The Case for Israel which was "an identical quote...With the ellipsis at the same places" directly taken from pages 159-160 of From Time Immemorial written by Joan Peters without making any reference to Joan Peters. Dershowitz argued that the quote was a correct quote by Mark Twain to whom he gave credit.
Since then, there have been number of reactions by various figures, such as Harvard University President Derek Bok who has claimed to have investigated them at the request of the Law School's dean, Elena Kagan. Bok determined that no plagiarism had occurred.[25] Dershowitz and some of his prominent supporters assert that what Finkelstein calls plagiarism is in fact standard scholarly practice.[26][27]
In an April 3, 2007 interview with the Harvard Crimson, "Dershowitz confirmed that he had sent a letter last September to DePaul faculty members lobbying against Finkelstein's tenure."[28] The De Paul University Liberal Arts and Sciences' Faculty Governance Council voted unanimously to send a letter to Harvard University expressing "the council's dismay at Professor Dershowitz's interference in Finkelstein's tenure and promotion case."[29] In June 2007, DePaul University denied Finkelstein tenure.[30]
In March 2006, John Mearsheimer, Wendell Harrison Professor of Political Science at the University of Chicago and author of The Tragedy of Great Power Politics, and Stephen Walt, Robert and Renee Belfer Professor of International Affairs at the Kennedy School of Government at Harvard University and author of Taming American Power: The Global Response to US Primacy, co-authored a controversial working paper entitled "The Israel Lobby and U.S. Foreign Policy," about which an extensive debate was subsequently published in The London Review of Books.[31] In their working paper, Professors Mearsheimer and Walt criticize what they describe 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 refer to Dershowitz specifically as an “apologist” for the Israel lobby. In an interview conducted on March 20, 2006, cited in The Harvard Crimson, Dershowitz "vehemently disputed the article’s assertions, repeatedly calling it 'one-sided' and its authors 'liars' and 'bigots.'”[32] In an appearance on MSNBC's Scarborough Country televised the next day, Dershowitz suggested that the working paper was plagiarized 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."[33] Subsequently, Dershowitz wrote an extensive report challenging the factual basis of their essay, calling into question the motivations of the authors and their scholarship. His report claims that the "paper contains three types of major errors: quotations are wrenched out of context, important facts are misstated or omitted, and embarrassingly weak logic is employed."[34]
In a letter published in the London Review of Books in May 2006, Mearsheimer and Walt responded to Dershowitz's contention that they used racist sources for their article, stating that "Dershowitz offers no evidence to support this false claim."[35]
In July 2006, Dershowitz wrote a series of articles defending the conduct of the Israel Defense Forces (IDF) during the 2006 Israel-Lebanon conflict against the international outcry regarding escalating Lebanese civilian deaths and the destruction of Lebanese civilian infrastructure resulting from Israel's stated attempt to weaken or to destroy Hezbollah which wields considerable political power and influence in Lebanon. 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 Arbour's statement "bizarre" in an editorial, calling specifically for her dismissal and inveighing more generally against the "absurdity and counterproductive nature of current international law."[36]
In an editorial published in the Boston Globe several days later, Dershowitz argues that "the international community, the anti-Israel segment of the media, and human rights organizations" should not blame Israel for any dead civilians. "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."[37]
In his appearance at the Truth, Light and Freedom Rally at Beth Tzedec Synagogue in Toronto, Canada, "a rally...organized by the UJA [United Jewish Agency] Federation of Greater Toronto, Canadian Jewish Congress Ontario Region and the Holocaust Centre of Toronto," on December 21, 2006, Dershowitz spoke "about the danger Iran poses to Israel and the rest of the world" at this "held at the Beth Tzedec Synogogue in Toronto, Canada, Alan Dershowitz accused "Iran...of incitement to genocide," according to Sheri Shefa, a staff reporter for The Canadian Jewish News:
Speaking in response to the recent Holocaust denial conference in Iran and Iran’s goal to develop nuclear weapons, Dershowitz, an outspoken defender of Israel, said that although Holocaust denial is about the past, it is used to influence the present and the future.... “The purpose of Holocaust denial is to delegitimate Israel, to demonize Jews and to legitimate attacks on Israel and attacks on Jews,” Dershowitz said.... He added that because of the world’s obsession with Israel, Jews are not the only victims, as other issues in the world, such as the genocides in Cambodia, Rwanda, the former Yugoslavia, and the current genocide in Darfur, have been largely ignored by the international community.... “Six million additional people have died since the end of the Second World War because of this obsessive focus on Israel,” Dershowitz said....[38]
In his 2006 book Palestine: Peace Not Apartheid, Jimmy Carter, former President of the United States and winner of the 2002 Nobel Peace Prize, argues that "Israel's continued control and colonization of Palestinian land have been the primary obstacles to a comprehensive peace agreement in the Holy Land."[39] Carter states in Palestine: Peace Not Apartheid that Israel's current policies in the Palestinian territories constitute "a system of apartheid, with two peoples occupying the same land but completely separated from each other, with Israelis totally dominant and suppressing violence by depriving Palestinians of their basic human rights."[40] Carter's self-defined purpose in writing the book is to "present facts about the Middle East that are largely unknown in America, to precipitate discussion and to help restart peace talks (now absent for six years) that can lead to permanent peace for Israel and its neighbors."[41]
In an op-ed, some newspaper articles, media appearances, and blog posts at The Huffington Post, Dershowitz has taken issue with President Carter's points of view and has challenged him to debate the matters in public at Brandeis University. Carter has publicly declined to visit Brandeis to discuss the book due to the request that he debate Dershowitz as a condition of the visit:
"I don't want to have a conversation even indirectly with Dershowitz," Carter said in Friday's [December 15, 2006] Boston Globe. "There is no need . . . to debate somebody who, in my opinion, knows nothing about the situation in Palestine."
The school's debate request, Carter said, is proof that many in the United States are unwilling to hear an alternative view on the nation's most taboo foreign policy issue, Israel's occupation of Palestinian territory. . . . "There is no debate in America about anything that would be critical of Israel," he said.
"President Carter said he wrote the book because he wanted to encourage more debate; then why won't he debate?" said Dershowitz. . . .[42]
He reiterates:
Carter’s refusal to debate wouldn’t be so strange if it weren’t for the fact that he claims that he wrote the book precisely so as to start debate over the issue of the Israel-Palestine peace process. If that were really true, Carter would be thrilled to have the opportunity to debate.... When Jimmy Carter's ready to speak at Brandeis, or anywhere else, I'll be there. If he refuses to debate, I will still be there––ready and willing to answer falsity with truth in the court of public opinion."[43]
Subsequently, Brandeis University and President Carter came to an agreement about his visit, which they said would have no pre-conditions. The event, which occurred on January 23, 2007, was open only to Brandeis students, faculty, and staff, and the university refused to make an exception allowing Dershowitz to attend the speech, although he was invited to present a response after Carter's speech concluded. The day after the speech, on January 24, 2007, The New York Times reported on Carter's speech in "At Brandeis, Jimmy Carter Responds to Critics":
Questions were preselected by the committee that invited Mr. Carter, and the questioners included an Israeli student and a Palestinian student... After Mr. Carter left, Mr. Dershowitz spoke in the same gymnasium, saying that the former president oversimplified the situation and that his conciliatory and sensible-sounding speech at Brandeis belied his words in some other interviews.... “There are two different Jimmy Carters,” Mr. Dershowitz said. “You heard the Brandeis Jimmy Carter today, and he was terrific. I support almost everything he said. But if you listen to the Al Jazeera Jimmy Carter, you’ll hear a very different perspective.”[44]
During his response, Dershowitz stated that, "if" he had "been allowed to be in the audience" of Carter's speech to ask a question or offer a rebuttal, he would have asked one question of Carter: "...were you ever asked to give your advice to Arafat as whether to accept or reject an offer [of a separate state for the Palestinians] at Camp David?"[45] Dershowitz went on to assert that, had President Carter done so, and had Arafat rejected such an offer on Carter's advice, Carter himself would have been "responsible" for the situation of the Palestinians today.
The Doha Debates
In April 2009, Dershowitz participated in the Doha Debates at Georgetown University in Washington DC, where he debated against the motion "this house believes that it is time for the USA to get tough on Israel" with fellow speaker 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. He lost the debate, with 63% of the audience voting for the motion.[46]
Dershowitz was named a Guggenheim Fellow in 1979, and was in 1983 a recipient of the William O. Douglas First Amendment Award from the Anti-Defamation League of the B'nai Brith for his work in civil rights. He has been awarded honorary doctorates in law from Yeshiva University, the Hebrew Union College, Monmouth College, University of Haifa, Syracuse University, Fitchburg State College, Bar-Ilan University, and Brooklyn College.[47]
He has been described by Newsweek as America's "most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights" and by Corriere della Sera as "America's most famous progressive lawyer."[48]
In June 2005 he was among an "elite group" of twenty guests invited to participate in a "brain-storming session" on "Alternate Futures for the Jewish People," held at the Aspen Institute Wye River Conference Center (formerly "Wye Plantation"), near Washington, D.C.[49]
Dershowitz has been blogging at the The Huffington Post since then.[2]
On November 18, 2007, Alan Dershowitz was awarded The Soviet Jewry Freedom Award by the Russian Jewish Community Foundation.[50]
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.[51][52] For several years, Dershowitz has written the monthly column "Justice" and related articles in the pages of Penthouse magazine and testified on legal issues pertaining to pornography.[53]
In 1990, Dershowitz sued the Boston Globe over an alleged quotation that Mike Barnicle had attributed to him in that newspaper. Dershowitz allegedly said he preferred Oriental women because they are deferential to men. Dershowitz and the Globe settled the suit out of court, and, reportedly, Dershowitz was awarded $75,000 as a result of the out-of-court settlement. Barnicle wrote his essay in response to Dershowitz's public feud with Massachusetts Senate President William M. Bulger (see below). [54]
In a 1994 New York Times article, "Accomplices to Perjury," he said:
Dershowitz is one of a number of scholars at Harvard Law School who have expressed their support for limited animal rights.[56] In his Rights from Wrongs: A Secular Theory of the Origins of Rights, 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."[57]
Dershowitz is strongly opposed to firearms ownership and the Second Amendment, saying that it is "an anachronistic drafting disaster that does not belong in any constitution or bill of rights."[58] However, he is opposed to repealing the amendment because he feels doing so would open the way for further revisions to the Bill of Rights and Constitution. In a telephone interview with reporter Dan Gifford, he stated that:
"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."[59]
While William ("Bill") M. Bulger served as Massachusetts Senate President (and afterwards), Alan Dershowitz was a prominent critic.[60] Dershowitz and fellow attorney Harvey Silverglate attended a Governor’s Council hearing on a Bulger associate, Paul Mahoney, who was nominated for a District Court judicial appointment. Bulger appeared at the meeting and questioned the integrity and motives of Dershowitz and Silverglate."[61][62]
Following the September 11, 2001 attacks, Dershowitz published an essay in the San Francisco Chronicle entitled "Want to Torture? Get a Warrant," in which he advocates 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."[14][63]
Dershowitz says that he is personally against the use of torture, yet he argues that authorities should be permitted to use non-lethal torture in a "ticking bomb" scenario, regardless of international legal prohibitions; that it would be less destructive to the rule of law to regulate the process than to leave such permission to the discretion of individual law-enforcement agents. He favors preventing the government from prosecuting the subject of such torture based upon information revealed during such an interrogation. Moreover, he argues: "If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, [then] it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice."[14][64]
Some other civil libertarians are not persuaded by Dershowitz's rationalization for the sanctioning of torture to extract information from uncooperative captured suspected terrorists in such a hypothetical "ticking bomb" scenario. For example, Harvey A. Silverglate, co-founder (with Alan Charles Kors) of the Foundation for Individual Rights in Education (FIRE), asserts that because, in such cases, jury nullification and executive clemency could protect law enforcement, "our legal system is perfectly capable of dealing with the exceptional hard case without enshrining the notion that it is okay to torture a fellow human being."[65]
William F. Schulz, the Executive Director of the U.S. section of Amnesty International, finds Dershowitz's hypothetical ticking-bomb scenario unrealistic because, Schulz counters, 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."[66] Bill Goodman of the Center for Constitutional Rights, debating Dershowitz on CNN, argues that Dershowitz's proposal would create a "very slippery slope" and that torture would "happen under more than those exceptional circumstances. It's going to start becoming the regular, rather than the unusual."[67]
James Bamford, in his column for The Washington Post of September 8, 2002, reviews Dershowitz's "idea of torture" and describes "[o]ne form of torture recommended by Dershowitz --'the sterilized needle being shoved under the fingernails'" as "chillingly Nazi-like."[19]
In a debate with David D. Cole, professor at Georgetown University Law Center, Dershowitz stated: "I want to make sure that if my government ever does this horrible, terrible, extraordinary thing, that somebody takes responsibility for it and that it be out there in the open and subject to accountability,” ... “Though I understand the danger of legitimating something that should not be legitimated, on balance in a democracy, I prefer accountability".[68]
The "ticking time bomb scenario" is subject of the drama The Dershowitz Protocol by Canadian author Robert Fothergill. In that play, the American government has established a protocol of "intensified interrogation" for terrorist suspects which requires participation of the FBI, CIA and the Department of Justice. The drama deals with the psychological pressure and the tense triangle of competences under the overriding importance that each participant has to negotiate the actions with his conscience. The play is directly linked to the debate caused by Dershowitz' article.
Professor Dershowitz spoke on the television news regarding New York Governor Eliot Spitzer's alleged use of a prostitute, saying on CNN that reaction to the charges was "overblown" and that he saw no reason for Governor Spitzer to resign.[69] On MSNBC, Dershowitz said, "You know, big deal ... In Europe this wouldn't even make the back pages of the newspaper."[70] Spitzer previously served as a research assistant to Dershowitz.[69]
Dershowitz suggested that any alleged offense by Spitzer would be only a "minor misdemeanor."[69] CNN noted that Spitzer had been accused of transporting a woman across state lines for the purposes of prostitution, a felony punishable by ten years in federal prison under the Mann Act.[71]
Cardinal Józef Glemp has been accused of antisemitism, most notably by Harvard law professor Alan Dershowitz. "Cardinal Glemp has made a career out of blaming the Jews for all of Poland's ills, including 'spreading communism,' 'plying [Polish] peasants with alcohol' and even anti-Semitism," Dershowitz wrote in an article for the Jerusalem Post in 2007. [72]
In the late 1980s, Dershowitz filed a defamation suit against Glemp, then the 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.[73]
Cardinal Glemp's statement about Rabbi Weiss, made in July 1989, was coupled with suggestions that Jews control the world's news media and was widely viewed as anti-semitic in tone.[74] A full account of the lawsuit appears in Dershowitz's 1991 bestseller, Chutzpah.
As he already knew the details of the Shahak affair, Chomsky wasted no time in replying to Dershowitz's letter to the Globe, which, in turn, incited Dershowitz to denounce Chomsky and ask for proof in the form of court records. Chomsky happened to be in possession of these:
- I . . . wrote a letter quoting them, which showed that he was a complete liar, as well as a Stalinist-style thug (that was implicit; I didn't bother saying it). He continued to try to brazen his way out, and was finally told by the Globe ombudsman that they would publish no more of his lies on the matter (that was after I'd sent the original Court records and a translation to English to the Globe, who had requested documentation so they could assess Dershowitz's increasingly hysterical charges). Ever since then, Dershowitz has been on a crazed jihad, dedicating much of his life to trying to destroy my reputation. (March 31, 1995)
Dershowitz sent letters, which he declined to provide to the Globe, to a variety of University of California Press officials, and even to California Governor Arnold Schwarzenegger, who is an ex officio member of the University of California's board of regents. "I told the UC press, 'If you say I didn't write the book or plagiarized it, I will own your company,'" said Dershowitz, who argued that Finkelstein's accusations are a ploy for publicity. "The First Amendment protects mistakes that are inadvertent, but it doesn't prevent willful lies." Finkelstein, who teaches at DePaul University in Chicago, wrote in an e-mail to Harvard Law School Dean Elena Kagan last year that his book would document that Dershowitz plagiarized The Case for Israel, and that Dershowitz "almost certainly didn't write the book, and perhaps didn't even read it prior to publication." Last year, Kagan asked former Harvard president Derek Bok to examine Finkelstein's plagiarism allegation. Bok determined no plagiarism had occurred, law school spokesman Michael Armini said yesterday. Dershowitz also said that he refutes Finkelstein's allegations in his own forthcoming book, The Case for Peace. Although advance copies of Finkelstein's book, Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History, have already distributed to some critics, the book has undergone further changes since then.
For more than 20 years the terrible triumvirate of Noam Chomsky, Norman Finkelstein, and Alexander Cockburn have been falsely accusing pro-Israel writers of plagiarism and related academic offenses.[(embedded note) 2] I have been the most recent target of the selective vitriol. They have accused me of plagiarism for quoting Mark Twain and other well-known figures whose quotes appear in my book within quotation marks and properly cited to their original source. Their absurd accusation is that I should have cited these quotes not to their original source but rather to the secondary source in which they erroneously claim I first came across them. No one but anti-Israel zealots takes these biased charges seriously, as evidenced by the fact that not only was I cleared of all such charges by Harvard (after I brought them to the attention of the dean and president), but recently the dean awarded me a prize for “exceptional scholarship” for my current book Rights from Wrongs. [Italics added.]
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