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University, Berkowitz Discuss Settlement

With the threat of litigation looming, lawyers for the University and Associate Professor of Government Peter Berkowitz met this week to discuss the terms of a possible out-of-court settlement of the professor's tenure appeal.

"We came to a better understanding of where they stand, and we hope they came to a better understanding of where we stand," Berkowitz said of Wednesday's meeting between Anne Taylor, Harvard's general counsel, and his own attorney, Matthew Feinberg of the Boston firm Feinberg & Kamholtz.

In addition to the meeting with Feinberg, Taylor had a separate conversation on Tuesday with Weld Professor of Law Charles R. Nesson '60. Nesson has served as an informal adviser to Berkowitz since 1997, when the associate professor began his appeal of President Neil L. Rudenstine's decision not to award him tenure.

Nesson said he had several reasons for speaking with Taylor, including his desire to inform her that Berkowitz, whose Harvard employment contract expires at the end of this term, has accepted a job at George Mason University Law School in Arlington, Va.

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Nesson also said he wanted to communicate his desire "to see this case end in a way that would be the best story for everybody."

Taylor said she was unable to comment on any subject related to Berkowitz's case.

Asked to give his sense of how productive the discussion was, Nesson expressed tempered optimism.

"It's hard to say at this point what progress is, but I think there was some in terms of understanding," Nesson said. "It remains to be seen what will come of it."

Nesson said he has detected no change in tone on the part of the University since Berkowitz made public his consideration of outside legal action in February.

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