Education

Is Continuing Legal Education A “Farce”?

/ Jack Marshall / 17 Comments

Continuing legal education, or as it is fondly called, CLE, began being a staple of bar membership in most states by the 1980s. The theory is that the law is always changing and new developments in case law and practice resources are essential for lawyers to know about, so in order to keep practicing in good standing, lawyers should be required to take a set number of training hours to keep up with current techniques and information. The practice is also designed to emphasize the law’s position as a self-regulating profession with exemplary dedication to excellence.

AND the new system allows the bar associations to require the purchase of a product the associations themselves develop, provide, and most important of all,  charge for.

Most lawyers, it is fair to say, loathe mandatory CLE requirements. They resent the time and expense, and generally feel that having to take the courses is an insult.

Yesterday a Virginia lawyer named Paul Sherman—he might even have attended some of my courses!–laid out on Twitter his brief that CLE course are a “farce that do nothing to protect the public and impose big social costs.: Right wing blogger and law prof Glenn Reynolds endorsed the screed, calling CLE a scam. I teach about 45 CLE seminars a year on legal ethics, and I’ve spoken on the subject to the CLE providers association, so this obviously piqued my interest.

Here is Sherman’s argument (and by the way, Twitter is a ridiculous platform for extended commentary):

Since I’ve just finished my last Continuing Legal Education class of the year, allow me to say that these requirements are a farce that do nothing to protect the public and impose big social costs. For those of you who aren’t lawyers (who know this already), allow me to explain.

To continue practicing law in the Commonwealth of Virginia, I am required each year to take 12 hours of continuing legal education (4 of which must be live) by Oct. 31. Collectively, Virginia lawyers lose more than 290,000 work hours to CLE every year. Almost every lawyer I know satisfies these requirements in the same way: by buying whatever CLE courses are cheapest, regardless of subject. This is not at all surprising, because competent lawyers already stay on top of developments in their practice areas.E.g., I exclusively practice constitutional law, but this year I took CLE courses in international taxation, asset protection planning, independent contractor compliance, etc. None of these have anything to do with my practice, and the VA Bar does not care!

Consider also the direct and indirect monetary costs. Let’s say CLE packages cost $100. According to the National Consumer Law Center, in 2015-2016, the average attorney in Virginia charged $358/hr. That means the cost of these requirements is almost $4,400 per attorney. The total cost for all Virginia lawyers is about $106 million. Yet, of that, only $2.4 million ends up in the pockets of CLE providers. The rest is just value that has been destroyed. Even if we assume (with extreme generosity) that lawyers would voluntarily pay for 6 hours of relevant CLE each year, you’re still losing $50 million in value per year (which is almost exactly Virginia spends on indigent defense annually). In short, we would all be better off if Virginia ended this farce, abolished mandatory CLE, and instead required every Virginia lawyer to send an extra $100 to the Bar and/or to set $100 on fire.

This seems to have touched a nerve, so let’s make this an actual thing. Contact your state bar (mine is @VAStateBar) and tell them to end the shakedown. #EndMCLE!

Continue reading →

Is There A Rational, Ethical Basis For Giving Illegal Aliens The Right To Vote For Anything?

/ Jack Marshall / 8 Comments

This isn’t a quiz, because I can’t imagine an answer other than, “Of course not.” And yet…

San Francisco has registered 49 undocumented migrants to vote in school board elections. However, a more pressing controversy may be the amount of money spent on the effort. San Francisco expended $310,000 to register just 49 people in the city. That translates to $6,326 a vote, which is also incomprehensible to me. Why would tax-paying citizens, even those as addled as so many who live in the City by the Bay, tolerate this?

The school board tactic is, of course, an obvious “camel’s nose in the tent” method—also known as the slippery slope— of  gradually getting illegal aliens the right to vote. Women’s suffrage efforts a century ago proceeded the same way, with states allowing women to vote and run as candidates in school board elections. Following the leads of Michigan and Minnesota  in 1885 and New York in 1880, Washington state enacted the School Suffrage Act into law in 1890 allowing women to vote for school boards. But women were citizens, in the nation legally, and these measures were necessary to right a cultural, societal, legal and historical wrong. There is no parallel valid argument that it is wrong to deny non-citizens who entered or stay in this country illegally the same privileges the women’s suffrage movement sought—or if there is, I lack the imagination to conceive of it.

____________________

Pointer: Res Ipsa Loquitur

 

Mid-World Series Hangover Ethics Warm-Up, 10/27/2018: Mike Tyson, Intimacy Coordinators, And The Blackface Teacher Principle

/ Jack Marshall / 22 Comments

This is how my morning began…

1. To get this out of the way..I watched every  second of every inning on last night’s longest post-season baseball game in history, as any loyal, ethical baseball fan is obligated to do. It was worth it, too, even though my team lost. The game was the sports equivalent of The Odyssey, “War and Peace,” “King Lear,” “The Ring Cycle,” “The Ring Trilogy,” “Nicholas Nickleby” or “The Seven Samurai,” a complex morality and adventure tale that had suspense, disappointment, wonder, exhilaration , humor and tragedy, heroes and villains. Such games reward all of the time and suffering a fan puts into following baseball seriously. It is worth the investment.

Ironically, this epic occurred shorty after the Wall Street Journal published a truly ignorant and idiotic opinion piece called , “Our Insane Ideas to Save Baseball/Baseball has problems. There aren’t enough hits. There are too many pitchers. The games take too long. So we bullpenned our solutions. Are you ready for Strike Four?”

It is a wonderful example of the incompetent variety of criticism I call “Wanting to change what you haven’t taken the time to understand.” I get it: the authors don’t like baseball, and barely pay attention to it., or, in the alternative, they are just seeking clicks. In any event, you can’t argue with people who say that the problem with opera is that it’s too often in a foreign language, or that the problem with hip hop is that it isn’t music, and shouldn’t, or that the problem with our democracy is that people can say things that upset other people. And you shouldn’t argue with them. They don’t respect the topic enough to be educated about it.

2. Of course, baseball games ARE too long, and the overwhelming reason is TV ads, which add about a half hour to every game, and more to post-season games. The disgusting response of Fox is to stick 10 second commercials into a split screen during the game, like between batters. Here’s a slugger walking to the plate in a tense situation, and half the screen is devoted to a quickie plug for “Ralph Breaks The Internet.” I hope fans are burning up social media attacking this greedy new form of broadcast pollution.

3. How is this possible? In a #MeToo Mad era when simply being accused of sexual assault without proof is deemed by even lawyers who should know better as sufficient justification to inflict serious and permanent consequences on the accused, Mike Tyson is the star of an animated TV show, is cast in movies, and is now shopping a TV show, based on the ex-boxer’s life as a marijuana grower and marketer, starring him and called “Rolling With the Punches.” Continue reading →

Ethics Quiz: The Hitler Halloween Costume [UPDATED]

/ Jack Marshall / 64 Comments

BOO!

From the Las Vegas Review Journal :

An Adolf Hitler costume worn to a community Halloween event in Boulder City by the son of a Clark County teacher raised an uproar that spread far beyond the confines of the “Best City By A Dam Site.” Photos of the costume — consisting of brown pants and leather coat, a red arm band bearing a Nazi-style swastika and a brush mustache — went viral after being posted on social media after the Boulder City Chamber of Commerce-sponsored “Trunk or Treat” event on Saturday.

The reaction was harsh, with commenters’ outrage primarily focused on the child’s mother, identified as Janet Arsanian, and the fact that she is a teacher at Cortney Junior High School.

“Interesting to see a #CCSD teacher pridefully dressing her 13-year-old as Hitler,” wrote one Facebook poster. “These nazi sympathizers are supposed to be educating our kids.”

Wait: dressing your child as a monster or villain demonstrates support for the figure portrayed or his or her habits and conduct? Since when? I dressed up as a pirate in elementary school. Were my parents supporters of piracy? When kids dress up as Dracula, does that mean the parents are blood-suckers? Funny, when kids rang my door bell last year wearing Trump masks, I didn’t think that meant their parents voted for him. Were all those people wearing Nixon masks in the 70s Nixon supporters? I did not know that! Continue reading →

How Can Anyone Honestly Defend Harvard’s Discriminatory Admissions Practices? Especially Harvard?

/ Jack Marshall / 34 Comments

The federal trial that began last week in  Students for Fair Admissions v. Harvard, featuring  America’s oldest college being accused of discriminating against Asian-American applicants should, if there is justice in the world, both finally kill the lingering bigotry of college affirmative action policies and expose the U.S.’s most prestigious educational institution, and the ideological philosophy that has captured it, as the hypocritical and fraudulent entity that it is.  Does Harvard discriminate on the basis of race? Why yes, it does. There is no valid argument that it does not. Evidence shows that the college ties itself into logical knots concocting ways to justify not admitting Asian-American applicant who would sail into freshman classes were not their race used to undermine their candidacy. The plaintiffs cite reports that Harvard itself conducted  in 2013. The reports, by Harvard’s Office of Institutional Research, found that being Asian-American was negatively associated with being admitted. Harvard claims that it must consider race in order to have a “diverse” student body, which is important, it says, to the quality of education one can obtain there. “Diversity,” however is and has always been a rationalization for discrimination. No matter how affirmative action is framed, the fact is that it is a zero-sum game: for each individual whose race benefits their quest for admission, there is another individual whose race is used as a justification to reject him or her. There is no way of getting around this inconvenient fact, yet Harvard and other elite institutions persist in denying it.  Continue reading →

Comment Of The Day: “A Sudden Impulse Poll On Cultural Literacy”

/ Jack Marshall / 13 Comments

To all of those waiting to have their Comments of the Day posted, all I can say is that I’m sorry, and that I’m having trouble getting my own posts up lately. The languishing COTDS will appear in unpredictable order, but they will appear.

Extradimensional Cephalopod had, as usual, fascinating observations to convey on the question of the importance of cultural literacy I raised based on a reference to “Alice in Wonderland.” I don’t agree with his position–some cultural scaffolding is permanent, and must be—but it’s well worth pondering.

Here is his Comment of the Day on the post, “A Sudden Impulse Poll On Cultural Literacy.”

Incidentally, a majority of those answering the main poll recognized the quotes, which cheered and surprised me. As for the complaint that the second poll was limited to parents, that was the point. Do parents pass along cultural touch points like Lewis Carroll? Do the schools? That poll was for parents.

I’m eventually planning to write an article about this sort of thing. It’s essentially a concern that we’ll all end up like Ozymandias. (Cultural references can help compress concepts into easily transmissible packages, for better or worse, case in point.) For now, since I don’t have much time tonight, these somewhat disjointed thoughts will have to do.

Is the ultimate fate of all classics to become footnote? To a large extent, yes. As Nassim Nicholas Taleb would put it, fame is in Extremistan. For comparison, Mediocristan is the domain of physical properties, which often follow a normal distribution (e.g. most people are average height, and there are fewer and fewer people at heights that vary more and more in either direction from the average). Fame, however, doesn’t do that. Necessarily you have many people who are known by few and the people with the most fame are few in number.

My perspective on this issue is that everything in civilization is a scaffold. It exists to help us to get to the next place, hopefully a better one, and then it is taken down. This includes even memories, since memory is a resource that culture uses and we only have so much memory to go around, at least in our day-to-day lives. What we remember must have some functional benefit, even if that function is nostalgia. We can learn about the past, but only inasmuch as we enjoy it or as it helps us create the future. Its value is considerable, but can be concentrated more efficiently than having everyone know all the esoteric details of it at all times. Anything about the past that doesn’t help us or make us feel anything can be temporarily forgotten until such time as it becomes relevant again (hopefully before it’s too late for us to use that remembered knowledge). Continue reading →

A Sudden Impulse Poll On Cultural Literacy

/ Jack Marshall / 75 Comments

I am increasingly depressed by the widespread cultural illiteracy of the public, and not just the younger generations. I do believe it is an ethics issue, because, as Prof Hersch wrote decades ago, a lack of historical and cultural perspective makes competent citizenship, critical thinking and effective participation in society difficult if not impossible. It is a life skill that we all are ethically obligated to acquire, and that society is obligated to help us acquire for its own health and survival.

In a comment today, slickwilly wrote,

You are both mad.”

“Oh, you can’t help that. We’re all mad here. I’m mad. You’re mad.”

“Why, sometimes I’ve believed as many as six impossible things before breakfast.”

It suddenly occurred to me, with horror, that a majority of the public probably can’t identify the origin of those quotes. I wonder how many Ethics Alarms readers can. Here’s a couple of surveys/poll. No cheating, now. You’re on an ethics blog.

Saturday Morning Ethics Warm-Up, 10/13/18: The Mob, Bizarro World, Mid-Air Pedicures, And Robert E. Lee [UPDATED!]

/ Jack Marshall / 10 Comments

1. Things fearmongers say...A Facebook friend, smart, a lawyer, good guy, wrote this: “The confirmation of Judge Kavanaugh will go down as one of the darkest days of the American experiment.” He really wrote that, and an astounding number of the Facebook leftist echo chamber “liked” the statement. Apparently Kavanaugh is going to resuscitate the Dred Scott decision, Korematsu v. United States, child labor and end women’s suffrage. He’s going to engineer from the Supreme Court chambers the equivalent of the American Civil War, or Pearl Harbor. Right. If Kavanaugh turned out to be a stealth combination of Jack the Ripper, the Marquis de Sade and Dr. Fu Manchu his confirmation couldn’t possibly rank in the top hundred “darkest days.”

That kind of rhetoric is hysterical and irresponsible, an abuse of free speech designed to make gullible and intellectually lazy people irrational and ignorant.

2. “Stop  making me defend Donald Trump…AND Robert E. Lee!”  Last night, as President Trump was speaking in front of a rally, NBC News tweeted out,

WATCH: President Trump says “Robert E. Lee was a great general” during Ohio rally, calling the Confederate leader “incredible.”

A few points to note on this: How is that observation and opinion news by any definition of the word? Lee was regarded as a “great general” well before the Civil War: that’s why Lincoln offered him the  command of the Union army when the war started. There are many, many books written by military experts that express and justify that assessment. Ghengis Khan was also a really great general, along with Julius Caesar and Curtis LeMay. This is a rare variety of fake news, joining more common varieties that have become routine of late like potential news, future news and psychic news,called past news, a new oxymoron. As for “incredible,” this, everyone conscious should know by know, is generic Trump-speak like “great,” “tremendous,” and “sad.” Who knows what it means here? It doesn’t mean Lee was an incredible human being, or at least there’s nothing in the context of NBC’s tweet that suggests that. He had an incredibly good beard for that period, at least compared to say, Longstreet, who looked like a member of ZZ Top. He was incredibly conflicted over which side to fight for. He had incredible guts.

Incredibly, though not really, because the mainstream news media has established that there are no depths to which it will not stoop in its unethical bias and incompetence, NBC tweeted that to bolster the long-running false narrative that President Trump is a racist, which he must be to extol Robert E. Lee,  the object of a particularly vile historical airbrushing and statue-toppling movement, a part of the Left’s Orwellian indoctrination and mind control effort as it slowly but surely embraces totalitarianism.

But if one actually knows the context of Trumps’ remarks, he was not praising Lee, though there is no reason why he shouldn’t, but making the point that despite Lee’s credentials and reputation, it was unheralded Ulysses Grant, denigrated as a joke when the war started, who defeated Lee. Trump was, as he usually does, talking about himself, and NBC’s tweet was intentionally misleading, and just more pandering to Trump-haters, attempting to further divide the country.

3. Floss! Floss! One of the very first posts on Ethics Alarms was about the ethics of people flossing their teeth in public. Having read this story, about a woman who began giving herself a pedicure during an airplane flight, I hereby officially proclaim that the conclusion in that post applies:

Manners and public etiquette are always evolving, and society determines what it will and will not endure. The passive, “mind your own business” theory always espoused by the least respectful, rudest and least considerate among us is a prescription for an endless deterioration in the quality of public life, and a greased slide into culturally-endorsed bad conduct. Every citizen has an obligation to his and her community to confront conduct that he or she feels does not belong in public, confront the offender, and support others who do so. Doing otherwise is not “minding one’s business,” but endorsing and entrenching bad conduct, abdicating the public duty of cultural preservation.

On a related note, there’s this.  Continue reading →

REALLY Late Morning Ethics Warm-Up, 10/12/18: The Mean Edition!

/ Jack Marshall / 15 Comments

Okay, it’s way past morning. Couldn’t be helped.

1. You know, like the Democrats and feminists didn’t like Brett Kavanaugh…In Pittsburgh, Pennsylvania, a group of five high school girls confessed to targeting a boy with false sexual assault allegations just because they “don’t like him.” Now the boy’s parents, Michael J. and Alicia Flood, have filed a lawsuit claiming that Seneca Valley High School students in Pittsburgh “conspired in person and via electronic communication devices to falsely accuse [their son] of sexual assault on two occasions.”  They are suing the girls’ parents, the school district and the Butler County District Attorney’s office. Why the DA? Because it has refused to charge the girls, and why should it? They should have been believed, right?

2. Pssst! LA? This is unconstitutional. I guarantee it. In Los Angeles, the City Council passed an ordinance requiring city contractors who have ties to the National Rifle Association to disclose them. “Are you now or have you ever been a member….?”

3. Tales of the Slippery Slope. Hey, if high school conduct is fair game, why not the third grade? The Hollywood Reporter published a tell-all by White House advisor Stephen Miller’s third grade teacher, Santa Monica-Malibu Unified School District’s Nikki Fiske. She told tales out of school about when Miller was her student at  Franklin Elementary School, revelations designed, of course, to show that a weird kid grew into a Trump-abetting monster. He ate glue! He was messy!

Fiske was pulled from her classroom and is now on paid leave until the school district decides what to do with her. The  concern is “about her release of student information, including allegations that the release may not have complied with applicable laws and district policies,” district spokeswoman Gail Pinsker said.“This has been picked up by other digital publications and blogs, and some issues have been raised.”

Ya think? Continue reading →

Morning Ethics Warm-Up, 10/8/2018: Weenies, Dummies, Hypocrites And Creeps.

/ Jack Marshall / 29 Comments

Good Morning!

1. But before we get into the ugly part..I want to recommend an article called “Rationalizations for Unethical Behavior in Tech” over at Medium. The writer, April Wensel, is the proprietor of the Compassionate Coding site.

Her article specifically employs several of the rationalizations on the Ethics Alarms list, quotes me with attribution, and does a terrific job demonstrating what the list is there for, and how it can and should be used. Thanks, April!

2. And here is another reason you can’t trust the media: journalists often aren’t very bright or well-educated.  NBC reporter Ken Dilanian opined on Twitter after Kavanaugh was confirmed that…

It may not happen in our lifetimes, but the idea that North Dakota and New York get the same representation in the Senate has to change. “Senators representing less than half the U.S. are about to confirm a nominee opposed by most Americans” https://www.washingtonpost.com/politics/2018/10/06/senators-representing-less-than-half-us-are-about-confirm-nominee-opposed-by-most-americans/ …

To begin with, quoting that Post piece is signature significance for a partisan media hack.  “Most Americans” have insufficient information to oppose or support Kavanaugh on a substantive basis, and uninformed opinions are worthless at best. If “most Americans” opposed him, it was because they were misled, propagandized and fear-mongered into ignorance and bias. This is why we don’t elect Supreme Court justices. The complaint about the Senate that Dilanian glommed onto can be translated as “The Senate is the Senate.” It was designed not to represent the population as a whole, but the states, their interests and their cultures. “It may not happen in our lifetimes” is a statement of ignorance of what it would take to fundamentally change one of the three branches of government from its original form. I’d suggest to Ken that he try reading the Constitution, especially the formula for amending it. The chances that two-thirds of the states will accede to a new Senate construction that lets the big states dictate to the small ones are exactly zero, or essentially the same as the chances that the Electoral College will be abolished.

Dilanian is NBC’s intelligence and national security reporter and frequently appears on MSNBC, and now we know that the network’s intelligence reporter doesn’t understand his own country.

3. Be proud, Democrats! A Democratic Senator I had been blissfully unaware of  until the Kavanaugh nomination stepped up during the  hearings to reveal herself as exemplifying the ugly side of the partisan divide. Hawaii Democratic Sen. Mazie Hirono said that the fact that Kavanaugh was conservative was all she needed to determine that he was lying, for example. She’s a virulent bigot. Yesterday, she was asked twice by CNN’s Dana Bash about whether she thought harassing Republican senators in restaurants was inappropriate. She wouldn’t say “Yes,” sending a clear message that her real position is “No.”

Here’s the exchange: Continue reading →