Elena Kagan’s Harvard
By FRANK MENETREZ | June 28, 2010
When Elena Kagan was dean of Harvard Law School, her mishandling of a plagiarism case cost an innocent person his job while allowing the plagiarist, Professor Alan Dershowitz, to escape punishment. Dershowitz has said that when Kagan was dean “it was a golden age” and “a very good time for the faculty.” The Senate and the public deserve to know about the dark side of that “golden age.”
In 2003, an untenured professor at DePaul University named Norman Finkelstein accused Dershowitz of plagiarism. Dean Kagan ordered an investigation the following year. The investigation completely cleared Dershowitz, concluding that no plagiarism had occurred.
Harvard is the nation’s most prestigious institution of higher learning, so its vindication of Dershowitz was widely perceived as definitive. Armed with that vindication, Dershowitz relentlessly attacked Finkelstein in letters to DePaul faculty and every available media outlet. Those attacks would likely have been dismissed as sour grapes if the Kagan-ordered investigation had come out the other way.
My independent research later revealed, however, that Dershowitz did in fact commit plagiarism and that no honest and competent investigation could have missed it. The University of California Press (and CounterPunch) published my findings in 2008, but by then it was too late. Dershowitz and his official exoneration by Harvard had already killed his tenure application, and effectively ended his academic career.
One reason the whole episode is so mystifying is that, from the start, the case against Dershowitz seemed to be supported by powerful evidence. Finkelstein argued that Dershowitz’s book The Case for Israel contained obvious errors that were identical to errors in an earlier book by a different author, so Dershowitz must have just copied that author’s work, errors and all. Finkelstein explained the point in detail in an exchange with Dershowitz that was published in The Harvard Crimson in October 2003.
The identical errors issue was consequently well known and central to the plagiarism dispute when Kagan ordered an investigation in 2004. But the Kagan-commissioned investigation still concluded that no plagiarism had occurred. What happened? Were there really no identical errors after all?
I decided to check for myself, and I quickly discovered enough identical errors to prove the plagiarism charge against Dershowitz beyond any reasonable doubt. I looked at one of the passages identified by Finkelstein, a long quotation from Mark Twain, and found that Dershowitz’s version of the quotation and the version in the book Dershowitz was accused of plagiarizing contained 20 identical errors in a mere 21 lines of text. Some of the errors were large (such as the omission of 87 pages of text without an ellipsis) and some were small (such as altered or missing words or punctuation), but the cumulative weight of the evidence was overwhelming. There was no way Dershowitz could have independently generated exactly those 20 errors—he must have copied them. It was an open-and-shut case.
So what exactly did the Kagan-commissioned investigation look at? Did it address the identical errors issue? (I put that question to the Harvard Law School administration myself when Kagan was still dean, but they refused to answer.) If not, why not? Did the investigation not even go so far as to read Harvard’s own student paper, in which the identical errors point had been raised? And now that the truth has come out, does Kagan (or anyone else at Harvard) have anything they’d like to say to Finkelstein, the innocent man whose career was ruined? To date, Kagan and Harvard have remained resolutely silent.
Granted, these questions might seem of limited significance for Kagan’s Supreme Court nomination. The answers will not tell us what she thinks about originalism or abortion or the scope of federal executive power. But they are still relevant, because they will shed light on something equally important. In the end, all of us will be forced to assess Kagan on the basis of what we make of her character, because the written record of her judicial philosophy is so sparse.
We consequently have no choice but to cast about for evidence that she has a good heart, a genuine commitment to justice. Her answers to questions about the Dershowitz-Finkelstein affair might reassure us that she does. But continuing silence would give us reason to be skeptical.
Frank Menetrez contributed a detailed report on the Finkelstein/Dershowitz affair on this site in April of 2007. He can be reached at frankjmenetrez@gmail.com
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Containing the United States
By Edward S. Herman | Z Magazine | September 2016
“Containing the United States” is, of course, a ridiculous and self-contradictory idea in the U.S. and Western ideological and propaganda system. We all know that the United States had to “contain” the Soviet Union from 1945 to 1991, and since then has had the task of containing Russia and China. Only they threaten, bully, aggress and worry countries like Poland and Vietnam. Obama has had to reassure them both of our steadfast stand against Russian and Chinese military attacks. NATO has, of course, expanded greatly over the past several decades, despite the deaths of the Soviet Union and Warsaw Pact, but only to contain the renewed Russian — and Iranian, Libyan, Syrian and other — military threats; and we have “pivoted” to Asia, supported Japanese rearmament, bolstered our own forces in that area and jousted with the Chinese in their coastal waters solely to contain China. Earlier we had been obliged to contain North Vietnam, or was it the Soviet Union in Vietnam? Or China? Or “communism”? Or maybe all of them? Or none of them, but just needing an excuse to enlarge power?
The parallel propaganda has taken many forms. One is accepting as a premise that the United States only acts defensively and has no internal forces and interests that drive it to enlarge its sphere of control. I noted in an earlier article how Paul Krugman claims that internal Russian problems may well be the explanation of Russian “aggression,” but how at the same time it never occurs to him that the huge U.S. transnational corporate interests and “defense” establishment, and the pro-Israel lobby’s activities, might possibly make for an expansionist dynamic here.2 This reflects the standard establishment perspective that we are good and only react to evil. This was the view sustaining and justifying the invasion and occupation of Iraq from 2003. That attack was taken here as not evil but a response to evil, even if involving lies and mistakes, hence not describable as “aggression.” … continue
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