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
Share this:
Related
June 28, 2010 - Posted by aletho | Deception, Timeless or most popular
No comments yet.
Featured Video
Seyed M. Marandi: Toward Total War in the Middle East
or go to
Aletho News Archives – Video-Images
From the Archives
The Geopolitics behind the War in Yemen (I)
By Mahdi Darius NAZEMROAYA | Strategic Culture Foundation | 30.03.2015
The United States and the Kingdom of Saudi Arabia became very uneasy when the Yemenese or Yemenite movement of the Houthi or Ansarallah (meaning the supporters of God in Arabic) gained control of Yemen’s capital, Sanaa/Sana, in September 2014. The US-supported Yemenite President Abd-Rabbuh Manṣour Al-Hadi was humiliatingly forced to share power with the Houthis and the coalition of northern Yemenese tribes that had helped them enter Sana. Al-Hadi declared that negotiations for a Yemeni national unity government would take place and his allies the US and Saudi Arabia tried to use a new national dialogue and mediated talks to co-opt and pacify the Houthis.
The truth has been turned on its head about the war in Yemen. The war and ousting of President Abd-Rabbuh Manṣour Al-Hadi in Yemen are not the results of «Houthi coup» in Yemen. It is the opposite. Al-Hadi was ousted, because with Saudi and US support he tried to backtrack on the power sharing agreements he had made and return Yemen to authoritarian rule. The ousting of President Al-Hadi by the Houthis and their political allies was an unexpected reaction to the takeover Al-Hadi was planning with Washington and the House of Saudi. … continue
Blog Roll
-
Join 2,352 other subscribers
Visits Since December 2009
- 7,722,783 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
Afghanistan Africa AIPAC al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkiye Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- HE SAVED LIVES. NOW HE FACES PRISON.
- Israeli lobby seeks to bind US fate to ‘Israel’: Araghchi
- Pakistan-Iran talks secure LNG shipment to Islamabad through Hormuz
- Black Sea grain crisis puts global wheat supplies under pressure
- IRGC air defenses destroy another US MQ-1 drone over Strait of Hormuz
- Imran Khan’s entire immediate family detained in Pakistan ahead of mass protest demanding his release
- EU nation detains former presidential frontrunner
- Leaked: Britain’s Sham Conviction Of Hashim Thaci
- Seyed M. Marandi: U.S. Strike Imminent – Toward Total War in the Middle East
- Russia Voted Under Fire. Washington Is Loading the Tankers.
If Americans Knew- Israeli Attacks in Gaza Kill at Least Seven Palestinians Over Three Days, including Woman and Child
- Trump’s militarization of Washington DC as he pursues Israel’s war against Iran
- Why Israel Fears This Searing New Documentary
- Huckabee aide solicited cash gifts from Israelis
- This isn’t sci-fi, AI is already killing people
- ‘The Most Brutal Thing’: Investigation Reveals Execution of Elderly Woman in Rafah
- Inside Israel’s ‘soft’ ethnic cleansing plan for Gaza through the eyes of its victims
- New online database tracks pro-Israel political donations in the United States
- Israeli president pardons soldier convicted for killing wounded Palestinian
- Singer Ed Sheeran says his ‘heart broken’ by Gaza devastation, addresses Macklemore controversy
No Tricks Zone- 2025 Nature Paper Claiming Worsening Global Drought Gets RETRACTED …Heavily Flawed
- New Study: ‘Global Drought Shows No Detectable Recent Acceleration Under Climate Warming’
- Economic Masterminds: German Socialists Suggest Taxing Productivity Gains Stemming From Using AI
- The South China Sea Has Not Been Cooperating With The Climate Change Narrative
- Energy Crisis: Germany Enters Heating Season With Historically Low Gas Reserve Fill Levels
- New Study: The Antarctic Ice Sheet Gained Mass From 2020-2024 Due To Staggering Snow And Ice Accumulation
- Study: Ocean Heating Rates From Thousands Of Years Ago ‘Dwarf’ Modern Ocean Heating Rates
- Climate Extremists Target, Attack Large-Scale Power Grid Infrastructure In Germany!
- New Study: Antarctic Ice Melt Has Contributed Less Than 1 Centimeter To Sea Level Rise In The Last 30 Years
- Fear Of Debate: Alarmist German Climate Scientist Calls On Mainstream Media To Discredit Skeptic Voices
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

Leave a comment