Friday, December 23, 2011

And this is an exam at the Esteemed Harvard Law School?

Yes, this is not a joke. It is actually from a 2011 Final Exam for an Evidence course at Harvard Law School. But then again, the Professor is Charles Nesson, a notorious nut-job. Professor Nesson, you will recall, was counsel for Joel Tenenbaum in the P2P copyright infringement  case of Sony v. Tenenebaum. Here is what District Court Judge Nancy Gertner said about Nesson's defense. (By the way, the same Judge Gertner, who on shaky constitutional grounds unilaterally lowered a $675,000 jury damage award against Nesson's client to $67,500, a decision to only later be overturned by the First Circuit on appeal):

"Defense counsel repeatedly missed deadlines, ignored rules, engaged in litigation over conduct that was plainly illegal (namely, the right to tape counsel and the Court without consent), and even went so far as to post the illegal recordings on the web,"


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