"Your apparent enthusiasm for structural changein Harvard's tenure review process is at odds withBerkowitz's goal," one student addressed Nesson ina posting on the course Web site.

Feinberg said Nesson had both his own andBerkowitz's permission to use the case in hisclass because he said he thinks the case haddidactic potential.

But another University source said he believes"Berkowitz might have been encouraged by ProfessorNesson, who's enjoying this."

"Charlie has tenure," the source added. "I wishhe would consider the reputation and future of theyoung person he's supposed to be helping."

Most people close to the case were veryskeptical about Berkowitz's chances for winning anew tenure hearing.

Mansfield said the appeal procedure "is rarelyinvoked" and that "essentially the president hasthe last word."

Rosovsky echoed this sentiment, acknowledgingthat "at some point, there is no more appeal."

"In our system, the president is the finalauthority even though technically, one can appealto the governing board and the overseers,"Rosovsky said.

"If the docket committee decides it was unfair,what then?" asked the highranking administrator,seemingly exacerbated with talk of Berkowitz'sappeal.

"If the grievance committee decides there wasbias, what then?" he added. "If you disagree witha decision of the Supreme Court, what do you do?