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Alan Dershowitz

Alan Dershowitz

Overview
Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He has spent most of his career at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

 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.
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Quotations

The courtroom oath—to tell the truth, the whole truth and nothing but the truth—is applicable only to witnesses...because the American justice system is built on a foundation of not telling the whole entire truth.

The Best Defense

All sides in a trial want to hide at least some of the truth.

U.S. News & World Report, 1982-08-09

The defendant wants to hide the truth because he's generally guilty. The defense attorney's job is to make sure the jury does not arrive at that truth.

ibid.

The prosecution...wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.

ibid.

The judge also has a truth he wants to hide: He often hasn’t been completely candid in describing the facts or the law.

ibid.

I have no doubt that if an actual ticking bomb situation were to arise, our law enforcement authorities would torture. The real debate is whether such torture should take place outside of our legal system or within it. The answer to this seems clear: If we are to have torture, it should be authorized by the law.

"Is There a Torturous Road to Justice?", The Los Angles Times, 2001-11-08

The threat of mutually assured destruction worked for the United States during the Cold War because it had proved its willingness to drop nuclear bombs on enemy cities at the end of World War II. It might work less well for Israel, because the Israeli Air Force has never deliberately targeted a large civilian population center, and its leaders have said its morality would not permit it do so.

Preemption: A knife that cuts both ways, p. 100
Encyclopedia
Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He has spent most of his career at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

 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.

Dershowitz is known for his involvement in several high-profile legal cases and as a commentator on the Arab–Israeli conflict
Arab–Israeli conflict
The Arab–Israeli conflict refers to political tensions and open hostilities between the Arab peoples and the Jewish community of the Middle East. The modern Arab-Israeli conflict began with the rise of Zionism and Arab Nationalism towards the end of the nineteenth century, and intensified with the...

. As a criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 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
Mike Tyson
Michael Gerard "Mike" Tyson is a retired American boxer. Tyson is a former undisputed heavyweight champion of the world and holds the record as the youngest boxer to win the WBC, WBA and IBF world heavyweight titles, he was 20 years, 4 months and 22 days old...

, Patty Hearst
Patty Hearst
Patricia Campbell Hearst , now known as Patricia Campbell Hearst Shaw, is an American newspaper heiress, socialite, actress, kidnap victim, and convicted bank robber....

, and Jim Bakker
Jim Bakker
James Orsen "Jim" Bakker is an American televangelist, a former Assemblies of God minister, and a former host of The PTL Club, a popular evangelical Christian television program.A sex scandal led to his resignation from the ministry...

. His most notable cases include his role in 1984 in overturning the conviction of Claus von Bülow
Claus von Bülow
Claus von Bülow is a British socialite of German and Danish ancestry. He was accused of the attempted murder of his wife Sunny von Bülow by administering an insulin overdose in 1980 but his conviction in the first trial was reversed and he was found not guilty in both his retrials.-Biography:Born...

 for the attempted murder of his wife, Sunny
Sunny von Bülow
Martha Sharp Crawford von Bülow , known as Sunny von Bülow, was an American heiress and socialite. Her husband, Claus von Bülow, was convicted of attempting her murder by insulin overdose, but the conviction was overturned on appeal...

, and as the appellate adviser for the defense in the O.J. Simpson trial in 1995.

A political liberal, 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
Reversal of Fortune
Reversal of Fortune is a 1990 film adapted from the 1985 book Reversal of Fortune: Inside the von Bülow Case, written by law professor Alan Dershowitz...

; Chutzpah (1991); Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case (1996); The Case for Israel
The Case for Israel
The Case for Israel is a New York Times bestseller by Alan Dershowitz, a law professor at Harvard University. The book responds to common criticisms of Israel....

(2003); Rights From Wrongs: A Secular Theory of the Origins of Rights (2004) and The Case for Peace
The Case for Peace
The Case for Peace: How The Arab–Israeli Conflict Can Be Resolved is the sequel to The Case for Israel by Alan Dershowitz.-Summary:Dershowitz was originally planning to write The Case Against Israel's Enemies, however, after the death of Yasser Arafat the author chose to focus on more positive and...

(2005).

Early life


Dershowitz was born in Williamsburg, Brooklyn, to Harry and Claire Dershowitz, an Orthodox Jewish
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...

 couple, and was raised in Borough Park. 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. According to Dershowitz, Harry had a strong sense of justice and talked about how it was "the Jew's job to defend the underdog."

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. He attended Yeshiva University High School
Marsha Stern Talmudical Academy
The Marsha Stern Talmudical Academy, also known as Yeshiva University High School for Boys , MTA or TMSTA , is an Orthodox Jewish day school , the boys' high school of Yeshiva University in the Washington Heights neighborhood in the New York City borough of Manhattan.-History:The Talmudical...

, 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." After graduating from high school, he attended Brooklyn College
Brooklyn College
Brooklyn College is a senior college of the City University of New York, located in Brooklyn, New York, United States.Established in 1930 by the New York City Board of Higher Education, the College had its beginnings as the Downtown Brooklyn branches of Hunter College and the City College of New...

 and received his A.B. in 1959. Next he attended Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...

, where he was editor-in-chief of the Yale Law Journal
Yale Law Journal
The Yale Law Journal is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School...

, and graduated first in his class with a Bachelor of Laws (LL.B.) in 1962. He has been a member of a Conservative minyan
Minyan
A minyan in Judaism refers to the quorum of ten Jewish adults required for certain religious obligations. According to many non-Orthodox streams of Judaism adult females count in the minyan....

 at Harvard Hillel, but is now a secular Jew. He is married to Carolyn Cohen and has three children.

Career


After being admitted to the bar
Admission to the bar
An admission to practice law, also called admission to the bar, is acquired when a lawyer receives a license to practice law. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require citizenship...

, Dershowitz served as a clerk for David L. Bazelon
David L. Bazelon
David Lionel Bazelon was a judge on the United States Court of Appeals for the District of Columbia Circuit.-Early life, education, and career:...

, the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...

. 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
Arthur Goldberg
Arthur Joseph Goldberg was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations.-Early life:...

. 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. 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. He was appointed Felix Frankfurter professor of law in 1993.

Much of his legal career has focused on criminal law, and his clients have included high-profile figures such as Patty Hearst, Harry Reems
Harry Reems
Harry Reems is the nom de film of one of the most notorious pornographic actors of the 1970s and star of the 1972 cult classic Deep Throat.-Early life and career:Reems was born Herbert Streicher...

, Leona Helmsley
Leona Helmsley
Leona Mindy Roberts Helmsley was an American businesswoman and real estate entrepreneur. She was a flamboyant personality and had a reputation for tyrannical behavior that earned her the nickname Queen of Mean...

, Jim Bakker, Mike Tyson
Mike Tyson
Michael Gerard "Mike" Tyson is a retired American boxer. Tyson is a former undisputed heavyweight champion of the world and holds the record as the youngest boxer to win the WBC, WBA and IBF world heavyweight titles, he was 20 years, 4 months and 22 days old...

, Michael Milken
Michael Milken
Michael Robert Milken is an American business magnate, financier, and philanthropist noted for his role in the development of the market for high-yield bonds during the 1970s and 1980s, for his 1990 guilty plea to felony charges for violating US securities laws, and for his funding of medical...

, O.J. Simpson and Kirtanananda Swami
Kirtanananda Swami
Kirtanananda Swami, also known as Swami Bhaktipada was the highly-controversial charismatic Hare Krishna guru and co-founder of the New Vrindaban Hare Krishna community in Marshall County, West Virginia, where he served as spiritual leader for 26 years .-Early life:Kirtanananda was born Keith...

. 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." He is currently advising Julian Assange
Julian Assange
Julian Paul Assange is an Australian publisher, journalist, writer, computer programmer and Internet activist. He is the editor in chief of WikiLeaks, a whistleblower website and conduit for worldwide news leaks with the stated purpose of creating open governments.WikiLeaks has published material...

's legal team.

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." He was named a Guggenheim Fellow in 1979, and in 1983 received the William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...

 First Amendment Award from the Anti-Defamation League
Anti-Defamation League
The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...

 for his work on civil rights. In November 2007, he was awarded the Soviet Jewry Freedom Award by the Russian Jewish Community Foundation. 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. In addition, he is a member of the International Advisory Board of NGO Monitor
NGO Monitor
NGO Monitor is a non-governmental organization based in Jerusalem, Israel whose stated aim is to generate and distribute critical analysis and reports on the output of the international NGO community for the benefit of government policy makers, journalists, philanthropic organizations and the...

.

Pornography (1976)


In 1976, Dershowitz handled the successful appeal of Harry Reems
Harry Reems
Harry Reems is the nom de film of one of the most notorious pornographic actors of the 1970s and star of the 1972 cult classic Deep Throat.-Early life and career:Reems was born Herbert Streicher...

, who had been convicted of distribution of obscenity resulting from his acting in the pornographic movie Deep Throat
Deep Throat (film)
Deep Throat is a 1972 American pornographic film written and directed by Gerard Damiano and produced by Louis Peraino and starring Linda Lovelace ....

. In public debates, Dershowitz commonly argues against censorship of pornography on First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 grounds, and maintains that consumption of pornography is not harmful.

Claus von Bülow (1984)



Dershowitz represented Claus von Bülow
Claus von Bülow
Claus von Bülow is a British socialite of German and Danish ancestry. He was accused of the attempted murder of his wife Sunny von Bülow by administering an insulin overdose in 1980 but his conviction in the first trial was reversed and he was found not guilty in both his retrials.-Biography:Born...

, a British socialite, at appeal for the attempted murder of his wife, Sunny von Bülow
Sunny von Bülow
Martha Sharp Crawford von Bülow , known as Sunny von Bülow, was an American heiress and socialite. Her husband, Claus von Bülow, was convicted of attempting her murder by insulin overdose, but the conviction was overturned on appeal...

, 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. 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
Ron Silver
Ronald Arthur "Ron" Silver was an American actor, director, producer, radio host and political activist.-Early life:...

, 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
Avi Weiss
Avraham Weiss is an American Modern Orthodox rabbi who heads the Hebrew Institute of Riverdale in The Bronx, New York. He is an author, teacher, lecturer, and activist...

. 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).

Mike Barnicle (1990)


Dershowitz sued The Boston Globe in 1990 over a remark reporter Mike Barnicle
Mike Barnicle
Michael "Mike" Barnicle is an award-winning American print and broadcast journalist as well as a social and political commentator. He is a frequent contributor and occasional guest host on MSNBC's Morning Joe and Hardball with Chris Matthews and is frequently seen on NBC's Today Show with...

 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.

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
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....

, the Rosenberg trial
Julius and Ethel Rosenberg
Ethel Greenglass Rosenberg and Julius Rosenberg were American communists who were convicted and executed in 1953 for conspiracy to commit espionage during a time of war. The charges related to their passing information about the atomic bomb to the Soviet Union...

, Sacco and Vanzetti
Sacco and Vanzetti
Ferdinando Nicola Sacco and Bartolomeo Vanzetti were anarchists who were convicted of murdering two men during a 1920 armed robbery in South Braintree, Massachusetts, United States...

. It is on par with Leopold and Loeb
Leopold and Loeb
Nathan Freudenthal Leopold, Jr. and Richard Albert Loeb , more commonly known as "Leopold and Loeb", were two wealthy University of Michigan alumni and University of Chicago students who murdered 14-year-old Robert "Bobby" Franks in 1924 and were sentenced to life imprisonment.The duo were...

 and the Lindbergh
Lindbergh kidnapping
The kidnapping of Charles Augustus Lindbergh, Jr., was the abduction of the son of aviator Charles Lindbergh and Anne Morrow Lindbergh. The toddler, 18 months old at the time, was abducted from his family home in East Amwell, New Jersey, near the town of Hopewell, New Jersey, on the evening of...

 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." The case has been described as the most publicized criminal trial in American history.

Jeffrey Epstein (2006)


Dershowitz provided legal assistance to friend and reported billionaire Jeffrey Epstein
Jeffrey Epstein
Jeffrey Edward Epstein is an American financier. He served 13 months in jail of an 18-month sentence as a convicted sex offender in the state of Florida for soliciting an underage girl for prostitution...

, 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
MySpace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....

 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.

On Israel


While Dershowitz is an outspoken supporter of Israel, Dershowitz self-identifies as "Pro-Israel and Pro-Palestine". Dershowitz engaged in highly publicized debates with a number of other commentators, including Meir Kahane
Meir Kahane
Martin David Kahane , also known as Meir Kahane , was an American-Israeli rabbi and ultra-nationalist writer and political figure. He was an ordained Orthodox rabbi and later served as a member of the Israeli Knesset...

 , Noam Chomsky
Noam Chomsky
Avram Noam Chomsky is an American linguist, philosopher, cognitive scientist, and activist. He is an Institute Professor and Professor in the Department of Linguistics & Philosophy at MIT, where he has worked for over 50 years. Chomsky has been described as the "father of modern linguistics" and...

, and Norman Finkelstein
Norman Finkelstein
Norman Gary Finkelstein is an American political scientist, activist and author. His primary fields of research are the Israeli-Palestinian conflict and the politics of the Holocaust. He is a graduate of Binghamton University and received his Ph.D in Political Science from Princeton University...

. When former U.S. President Jimmy Carter had his book Palestine: Peace Not Apartheid
Palestine Peace Not Apartheid
Palestine: Peace Not Apartheid is a New York Times Best Seller book written by Jimmy Carter, 39th President of the United States and winner of the 2002 Nobel Peace Prize. It was published by Simon and Schuster in November 2006....

 (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." 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.

He also took part in the Doha Debates
Doha Debates
The Doha Debates are a forum for free speech in Qatar and tackle the region's most controversial and topical issues. They are sponsored by Qatar Foundation and their broadcasting rights are sold to BBC World News where they are aired monthly, eight times a year.In addition to BBC World News The...

 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
Dore Gold
Dore Gold is an Israeli statesman who has served in various diplomatic positions under several Israeli governments. He is the current President of the Jerusalem Center for Public Affairs...

, President of the Jerusalem Center for Public Affairs
Jerusalem Center for Public Affairs
The Jerusalem Center for Public Affairs is a public policy think tank devoted to research and analysis of critical issues facing the Middle East. The center is located in Jerusalem, Israel...

. Speakers for the motion were Avraham Burg
Avraham Burg
Avraham "Avrum" Burg is an Israeli author; he was formerly a member of the Knesset, a chairman of the Jewish Agency for Israel and a Speaker of the Knesset.-Biography:...

, former Chairman of the Jewish Agency for Israel
Jewish Agency for Israel
The Jewish Agency for Israel , also known as the Sochnut or JAFI, served as the organization in charge of immigration and absorption of Jews from the Diaspora into the state of Israel.-History:...

 and former Speaker of the Knesset; and Michael Scheuer
Michael Scheuer
Michael F. Scheuer is a former CIA intelligence officer, American blogger, historian, foreign policy critic, and political analyst. He is currently an adjunct professor at Georgetown University's Center for Peace and Security Studies...

, former Chief of the CIA Bin Laden Issue Station
Bin Laden Issue Station
The Bin Laden Issue Station was a unit of the Central Intelligence Agency dedicated to tracking Osama bin Laden.Soon after its creation the Station developed a new, deadlier vision of bin Laden's activities. In 1999 the CIA inaugurated a grand "Plan" against al-Qaeda, but struggled to find the...

. Dershowitz's side lost the debate, with 63 percent of the audience voting for the motion.

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."

"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. The proposal attracted criticism from within Harvard University and beyond. James Bamford
James Bamford
V. James Bamford is an American bestselling author and journalist who writes about United States intelligence agencies, most notably the National Security Agency.-Biography:...

 argued in The Washington Post that it would violate international law. Norman Finkelstein wrote that "it is hard to make out any difference between the policy Dershowitz advocates and the Nazi destruction of Lidice
Lidice
Lidice is a village in the Czech Republic just northwest of Prague. It is built on the site of a previous village of the same name which, as part of the Nazi Protectorate of Bohemia and Moravia, was on orders from Reichsführer-SS Heinrich Himmler, completely destroyed by German forces in reprisal...

, for which he expresses abhorrence—except that Jews, not Germans, would be implementing it."

Norman Finkelstein



Shortly after the publication of Dershowitz's The Case for Israel
The Case for Israel
The Case for Israel is a New York Times bestseller by Alan Dershowitz, a law professor at Harvard University. The book responds to common criticisms of Israel....

(2003), Norman Finkelstein of DePaul University said the book contained plagiarism. He offered several examples, one of which was a quote from Mark Twain
Mark Twain
Samuel Langhorne Clemens , better known by his pen name Mark Twain, was an American author and humorist...

 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
From Time Immemorial
From Time Immemorial: The Origins of the Arab-Jewish Conflict over Palestine is a 1984 book by Joan Peters about the demographics of the Arab population of Palestine and of the Jewish population of the Arab world before and after the formation of the State of Israel.According to the book a large...

by Joan Peters
Joan Peters
Joan Peters is a former CBS news producer of otherwise unnamed documentaries, and the author best known for a number of theses on the Israeli-Palestinian conflict, put forward in her book From Time Immemorial, published in 1984 in which she claims that the Palestinians are largely not indigenous...

, including with the ellipses in the same place. 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.

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.
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.

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. In June 2007, DePaul University denied Finkelstein tenure.

Mearsheimer and Walt



In March 2006, John Mearsheimer
John Mearsheimer
John J. Mearsheimer is an American professor of Political Science at the University of Chicago. He is an international relations theorist. Known for his book on offensive realism, The Tragedy of Great Power Politics, more recently Mearsheimer has attracted attention for co-authoring and publishing...

, Professor of Political Science at the University of Chicago, and Stephen Walt
Stephen Walt
Stephen Martin Walt is a professor of international affairs at Harvard University's John F. Kennedy School of Government. Among his most prominent works are and . He coauthored The Israel Lobby and U.S. Foreign Policy with John Mearsheimer.-Education and career:In 1983, he received a Ph.D. in...

, 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. 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
Israel lobby in the United States
The Israel lobby is a term used to describe the diverse coalition of those who, as individuals and as groups, seek and have sought to influence the foreign policy of the United States in support of Zionism, Israel or the specific policies of its government...

. In an interview in March 2006 for The Harvard Crimson, Dershowitz called the article "one-sided" and its authors "liars" and "bigots." The following day on MSNBC's Scarborough Country
Scarborough Country
Scarborough Country was an opinion/analysis show broadcast on MSNBC Monday - Thursday at 9 P.M. ET. It was hosted by former congressman Joe Scarborough....

, 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." 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." 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.

2006 Israel-Lebanon conflict


In July 2006, Dershowitz wrote a series of articles defending the conduct of the Israel Defense Forces
Israel Defense Forces
The Israel Defense Forces , commonly known in Israel by the Hebrew acronym Tzahal , are the military forces of the State of Israel. They consist of the ground forces, air force and navy. It is the sole military wing of the Israeli security forces, and has no civilian jurisdiction within Israel...

 during the 2006 Israel-Lebanon conflict
2006 Israel-Lebanon conflict
The 2006 Lebanon War, also called the 2006 Israel-Hezbollah War and known in Lebanon as the July War #Other uses|Tammūz]]) and in Israel as the Second Lebanon War , was a 34-day military conflict in Lebanon, northern Israel and the Israeli-occupied territories. The principal parties were Hezbollah...

. 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
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...

 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." 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."

Second Amendment and the U.S. Constitution


Dershowitz is strongly opposed to firearms ownership and the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...

, 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."

Views on torture



Following the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...

, 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
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...

 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." 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. 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.

William F. Schulz
William F. Schulz
William F. "Bill" Schulz was the Executive Director of Amnesty International USA, the U.S. division of Amnesty International, from March 1994 to 2006. He is an ordained Unitarian Universalist minister, and served as president of the Unitarian Universalist Association from 1985 to 1993. He is...

, Executive Director of the U.S. section of Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

, 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." 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."

Animal rights


Dershowitz is one of a number of scholars at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

 who have expressed their support for limited animal rights
Animal rights
Animal rights, also known as animal liberation, is the idea that the most basic interests of non-human animals should be afforded the same consideration as the similar interests of human beings...

. 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
Speciesism
Speciesism is the assigning of different values or rights to beings on the basis of their species membership. The term was created by British psychologist Richard D...

? 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."

Books


  • 1982: The Best Defense. ISBN 978-0-394-50736-1.
  • 1985: Reversal of Fortune: Inside the von Bülow Case. ISBN 978-0-394-53903-4.
  • 1988: Taking Liberties: A Decade of Hard Cases, Bad Laws, and Bum Raps. ISBN 978-0-8092-4616-8.
  • 1991: Chutzpah. ISBN 978-0-316-18137-2.
  • 1992: Contrary to Popular Opinion. ISBN 978-0-88687-701-9.
  • 1994: The Advocate's Devil (fiction). ISBN 978-0-446-51759-1.
  • 1994: The Abuse Excuse: And Other Cop-Outs, Sob Stories, and Evasions of Responsibility. ISBN 978-0-316-18135-8.
  • 1996: Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case. ISBN 978-0-684-83021-6.
  • 1997: The Vanishing American Jew: In Search of Jewish Identity for the Next Century. ISBN 978-0-316-18133-4.
  • 1998: Sexual McCarthyism: Clinton, Starr, and the Emerging Constitutional Crisis. ISBN 978-0-465-01628-0.
  • 1999: Just Revenge (fiction). ISBN 978-0-446-60871-8.
  • 2000: The Genesis of Justice: Ten Stories of Biblical Injustice that Led to the Ten Commandments and Modern Law. Warner Books. ISBN 978-0-446-67677-9.
  • 2001: Letters to a Young Lawyer. Basic Books. ISBN 978-0-465-01631-0.
  • 2001: Supreme Injustice: How the High Court Hijacked Election 2000
    Supreme Injustice
    Supreme Injustice: How the High Court Hijacked Election 2000 is a book by Harvard Law School professor Alan Dershowitz. Dershowitz criticized as partisan the U.S. Supreme Court's 5-4 majority decision in Bush v...

    . Oxford University Press. ISBN 978-0-19-514827-5.
  • 2002: Why Terrorism Works: Understanding the Threat, Responding to the Challenge. Yale University Press. ISBN 978-0-300-09766-5.
  • 2002: Shouting Fire: Civil Liberties in a Turbulent Age. Little Brown. ISBN 978-0-316-18141-9.
  • 2003: The Case for Israel
    The Case for Israel
    The Case for Israel is a New York Times bestseller by Alan Dershowitz, a law professor at Harvard University. The book responds to common criticisms of Israel....

    . John Wiley & Sons. ISBN 978-0-471-46502-7
  • 2003: America Declares Independence. John Wiley & Sons. ISBN 978-0-471-26482-8.
  • 2004: America on Trial: Inside the Legal Battles That Transformed Our Nation. Warner Books. ISBN 978-0-446-52058-4.
  • 2004: Rights From Wrongs: A Secular Theory of the Origins of Rights. ISBN 978-0-465-01713-3.
  • 2005: The Case for Peace: How the Arab-Israeli Conflict Can be Resolved
    The Case for Peace
    The Case for Peace: How The Arab–Israeli Conflict Can Be Resolved is the sequel to The Case for Israel by Alan Dershowitz.-Summary:Dershowitz was originally planning to write The Case Against Israel's Enemies, however, after the death of Yasser Arafat the author chose to focus on more positive and...

    . John Wiley & Sons. ISBN 978-0-471-74317-0); .
  • 2006: Preemption: A Knife That Cuts Both Ways. W.W. Norton & Company. ISBN 978-0-393-06012-6.
  • 2007: Blasphemy: How the Religious Right is Hijacking the Declaration of Independence. ISBN 978-0-470-08455-7.
  • 2007: Finding Jefferson: A Lost Letter, a Remarkable Discovery, and the First Amendment in an Age of Terrorism. ISBN 978-0-470-16711-3.
  • 2008: Is There a Right to Remain Silent?: Coercive Interrogation and the Fifth Amendment After 9/11. ISBN 978-0-19-530779-5.
  • 2008: The Case Against Israel's Enemies: Exposing Jimmy Carter and Others Who Stand in the Way of Peace. ISBN 978-0-470-37992-9.
  • 2009: Mouth of Webster, Head of Clay essay in The Face in the Mirror: Writers Reflect on Their Dreams of Youth and the Reality of Age. ISBN 978-1-59102-752-2.
  • 2009: The Case For Moral Clarity: Israel, Hamas and Gaza. ISBN 978-0-9661548-5-6.
  • 2010: The Trials of Zion. ISBN 978-0-446-57673-4.


Further reading




External links