Word: denialism
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...process; hence, I have no basis for recommending to the Joint Appointments Committee that the matter be reconsidered." Like the fine piece of litigation that it is, her rebuttal consists of a good dose of semantics("the Department submits no official slate of members," italics added) and denial ("I could find no evidence to support your assertion that...committee members were known to be antipathetic to Professor Berkowitz's published work.") But as the letter serves as the official legal response from the University in a case that may very well lead to a lawsuit seeking damages...
What, then, do we know about the Berkowitz tenure denial in dealing with a University which (honorably) forbids its employees from discussion details of the case? This is one among many questions which Nesson has assigned to his Evidence class as homework, the sum of which is reaching a conclusion--as lawyers in training--as to the degree of proof they would need to act on behalf of a client, whether that action is writing a letter for your client (as Finberg has done), making an allegation, surviving a motion to dismiss in court or winning a law suit. Since...
...course's home page, http://cyber.harvard.edu/eon/evidence) and Berkowitz's testimony before the class. From this evidence--and, since Nesson seems to be sharing all his insights with the class, this alone--Nesson has posited three scenarios of what happened in the Berkowitz tenure denial...
...turns out that the Berkowitz camp has pinned the tenure denial on an abandonment of procuedure at the hands of Whitehead Professor Dennis F. Thompson, another of the government department's five political theorists, who is also the director of the Program in Ethics and the Professions. Though Thompson's name does not appear on Feinberg's letter to the joint Committee, and though no members of the Berkowitz camp explicitly stated that Thompson sabotaged the appointment, there was no question to any member of the audience in Nesson's class about the implication...
...potential intra-Harvard political consequences of his book review, he is now upset that his initial, negative predication might have come true. As evidence, he displayed-to the Nesson class a hand-written note from Thompson dated April 21, 1997, the same day he found out about the tenure denial, which read in part, "I have just learned that you were denied tenure...I was not able to support your candidacy...I hope to keep in touch...