Comment of the Day: “Ahmed Mohamed, Justin Carter, And White House Priorities”

I was going to include in the post that spawned this Comment of the Day many of the similarly shocking examples of school abuse of innocent students because their teachers and school administrators were paranoid, insensitive, mentally-challenged dolts that somehow didn’t bother the Presdient of the United States sufficiently to utter a peep of protest. I decided instead to concentrate on an example not of school related abuse, but as in the Ahmed Mohamed case, the criminalization of teens acting like teens while living in a society that has been fear-mongered into derangement.

I am grateful that long time commenter here Michael R took up the challenge and provided links to the some of the examples I left out. Here is his Comment of the Day on the post, Ahmed Mohamed, Justin Carter, And White House Priorities: Continue reading

Unethical Quote of the Week: Donald Trump’s 2nd Amendment Position Paper

constitution_gun

“The Second Amendment to our Constitution is clear. The right of the people to keep and bear Arms shall not be infringed upon. Period.”

—The first sentence of “Protecting Our Second Amendment Rights Will Make America Great Again ...Donald J. Trump on the Right to Keep and Bear Arms,” released today.

You can debate the various policy ideas in this typically simplistic approach to a complicated problem; that’s not my purpose. My purpose is to point out that a position paper on the Second Amendment that begins by misstating that amendment while saying the amendment is “clear” cannot and should not be taken seriously. Nor should its author.

Is he stupid, and not know that it is ludicrous to state what is not the text of the amendment with the emphatic “Period” ? Is he ignorant, and unaware of the wording of actual amendment that he proceeds to say “is America’s first freedom”? Or is he lying, using a false version of the Second Amendment to mislead his many followers who either haven’t read the Constitution’s Bill of Rights, or can’t read at all?

The Second Amendment may be many things, but clear is one thing nobody with any knowledge of the subject believes it is. It is not clear. It is, by far, the least clear of all the amendments, and that is why it is still controversial after centuries. The fake Second Amendment that Trump’s position paper uses is clear; too bad that’s not the real one. If the Second Amendment read “The right of the people to keep and bear Arms shall not be infringed upon,” it would be clear, and opponents of gun ownership wouldn’t have any argument except to insist that we repeal  it.  The real Amendment, however, reads,

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

That could mean the same thing, or it might not. It would seem it was intended to mean something else, otherwise why wasn’t it worded as in the Trump version? The seas of ink that have been spilled over the interpretation of that strangely constructed sentence could flood Texas, and educated, thoughtful people who are honest, erudite and not simpleminded (unlike Trump) have written provocatively on the subject, often disagreeing, as in.. Continue reading

Donald Trump Is Despicable, But Gavin Newsome Is About The Last Guy I Care To Hear Say So

Full disclosure: I don't trust anyone who poses for photos like this. No, it's NOT the hair! Well, not just the hair...

Full disclosure: I don’t trust anyone who poses for photos like this. No, it’s NOT the hair! Well, not just the hair…

Gavin Newsom, California’s current Lt. Governor and formerly the rogue mayor of San Francisco, should license his image to be placed by the definition of “hypocrite” in the dictionary. A vocal critic of Kim Davis and others who use their conscience to justify defying the law on gay marriage, he initially gained fame by defying California law and authorizing same sex marriages in his city.

He is shameless.

I just watched Newsom on CNN while trying to keep my gorge down, as he was piously condemning Donald Trump for (correctly) opposing illegal immigration. Then he said—and this takes pathological gall— that this is what makes California “so great”: it not only embraces diversity,  but benefits from it.

Thus we have the willfully Orwellian progressive definition of “great.” California is out of water thanks to decades of mismanagement. It is a fiscal disaster. Businesses are fleeing the state; a huge tax increase looms. It protects illegals from law enforcement, and some of those illegals are exactly the ones Trump was talking about. They kill people. Ask Kate Steinle about how great California is. Meanwhile,the state is at war with itself; some would like to break it up entirely.

The state’s definition of diversity is also straight out of Bizarro World, as is its skewed version of tolerance. The University of California Board of Regents, for example, is considering a policy to make the university system “free from acts and expressions of intolerance.” Translation: You must adopt the prevailing progressive cant in speech and attitude on campus, or you will be crushed. Continue reading

In College Sexual Assault Cases, False Accusers No Longer Deserve Guaranteed Anonymity

"You better be telling the truth, or this is coming right back at you..."

“You better be telling the truth, or this is coming right back at you…”

Especially now that the Obama administration has demanded that colleges strip away the basic rights of students accused of rape, the practice of not releasing a false accuser’s name to the media must end.

The compelled switch to a “predominance of the evidence” standard in such cases has led to too many false charges, too many wrongly punished male students, and too many scarred lives. High profile national leaders like Hillary Clinton are undeterred in supporting this power play by feminists, and university officials apparently don’t have sufficient regard for fairness or even basic logic: the Department of Education threatened their income stream, so if a few male students get railroaded out of school and haunted for a lifetime with the stigma of being a rapist, the college leaders consider it a necessary sacrifice to the greater good.

It is only one case, but if the facts of the University of Michigan’s persecution of student Drew Sterrett are as they appear to be, this is signature significance: one incident this irrational  proves that campus sexual assault  hysteria has turned into a genuine, bona fide witch hunt, with the metaphor appropriate for once. There must be accountability, and the Obama Administration, the schools, their administrators, irresponsible leaders like Clinton, Sen. Kirsten Gillibrand and Rep. Jared Polis, and, yes, sorry, false accusers must share it.

Sterrett was forced to leave the University of Michigan in 2012 during his sophomore year, after a female’s student’s accusation of forced sexual intercourse was upheld under circumstances that would have made a kangaroo court, with real kangaroos, an improvement. He sued the university in federal court, arguing that  his 14th Amendment rights to due process had been violated. The only possible response to his claim, once one reads the account published in Slate, is “Ya think?” It is disturbing that anyone should have to sue to get such treatment recognized as outrageous. Apparently no one at the University of Michigan who has power possesses any ethical twitches whatsoever, while nobody with a passing knowledge of right and wrong has any power.

From Emily Yoffe: Continue reading

Trying To Find A Good Analogy For The Horrific Failure Of America’s Colleges Being Accompanied By The Myth That A College Degree Is Essential

Great. What is it you think you did???

Great. What is it you think you did???

This latest example of a “Look! College grads are too ignorant to come in out of the rain!” survey” isn’t entirely surprising to me, but it is infuriating in a new way. Usually I react to such things with intensified contempt for the grads themselves, their lack of intellectual curiosity, their failure to meet the barest of requirements for competent citizenship. I still feel that way, but my disgust has refocused on other miscreants: the schools themselves, but most of all, the shills for continuing the myth that a college education is not only indispensable for personal and professional success, but worth beggaring the nation to ensure that everyone obtains one.

From a press release of the American Council of Trustees and Alumni (and one which was ignored by the news media so they could spend all their time giving Donald Trump free publicity. That’s incredibly incompetent, but hey, the news media is run by college grads, so what do you expect?):

College Graduates Don’t Know Basic Facts About the Constitution

WASHINGTON, D.C., September 8, 2015 — The American Council of Trustees and Alumni (ACTA) today released a survey that shows how little college graduates and the general public know about the Constitution.

According to the study, nearly 10% of college graduates think Judith Sheindlin — commonly known as Judge Judy — is on the Supreme Court; one-third of college graduates can’t identify the Bill of Rights as a name given to a group of Constitutional amendments; and 32% believe that Representative John Boehner is the current president of the U.S. Senate. Shockingly, 46% of college grads don’t know the election cycle — six years for senators, two years for representatives. Turning to the general population, the report finds that over half (54%) of those surveyed cannot identify the Bill of Rights accurately, and over 1 in 10 (11%) of those ages 25–34 believe that the Constitution must be reauthorized every four years….

Continue reading

The Ridiculous, Sad, But Somehow Not Very Surprising Tale Of The Plagiarizing College Vice-President In Charge Of Plagiarism

WheelockThis may be why cheating among  high school and college students is out of control.

Shirley Malone-Fenner, Wheelock College’s vice-president in charge of academic affairs for the Boston based college, resigned today.  The reason: though her responsibilities included oversight of the investigation and discipline of students accused of  academic plagiarism, Malone-Fenner’s welcome-back letter to the faculty last month…was plagiarized.

The inspiring four-page letter from Malone-Fenner contained at least six passages from the letter Harvard’s president Drew Faust wrote to her returning faculty in 2007. Experienced plagiarists, however—and who has more experience with plagiarism than a college’s academic affairs authority?— knows that it is better to mix sources, so the  letter also contained verbatim and barely altered phrases, sentences, and passages from  a 2004 welcome letter from the president of Rutgers University, as well as sections of  a 2010 letter from the president of the University of the Pacific in California.

A suspicious Wheelock professor ran Malone-Fenner’s letter through software the school uses to detect student plagiarism, discovering the damning parallels. The faculty subsequently called for her metaphorical head.

That head didn’t help matters by dreaming up pathetic explanations like this one, which she gave to the Boston Globe:

“In preparing my message, I reviewed many letters from other institutions and used words from others’ welcoming messages without attribution. What I intended to share is quite simple — I am excited about working with each member of the faculty to make this a most successful year.”

Translation: “Crap, you got me.”

What does what she was “trying to do” and how “excited” she was about it have to do with the fact that she obviously and unethically tried to pass off the words of others as her own? I bet many of the students she has nailed for plagiarism have come up with better excuses than that. Continue reading

If They Threw Elliot In Jail For Kissing Erika Eleniak, What Would Have Happened To E.T.?

In a memorable scene in “E.T.,” young hero Elliot (Henry Thomas), intoxicated by his psychic link to his marooned space alien pal, loses impulse control during Middle School science class and, while E.T. watches John Wayne’s passionate kiss with Maureen O’Hara in “The Quite Man,” embraces the class heart-throb—played by barely pubescent “Baywatch” babe-to-be Erika Eleniak!

Erika

— and gives her a passionate smooch.

If Spielberg’s classic premiered today, this scene might be condemned as sexual assault by feminists, who would insist that Elliot should have been charged. Is that really fair? Rational? Sane?

At  Pikesville (Maryland) Middle School, a 13-year-old boy has been charged with second-degree assault for kissing a 14-year-old girl on a dare. Police were called to the scene by the school, undoubtedly influenced by the current sexual assault freak-out on college campuses. (The proper response of an ethical and well-led police force, by the way, would be “Don’t waste our time.”) Continue reading

Incompetent Elected Official Of The Month AND Unethical Quote Of The Week AND… KABOOM!: Rep. Jared Polis (D-Co.)

head blows“If there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

—-Colorado Democratic Representative Jared Polis, at this week’s congressional hearing on campus sexual assault.

Well, this statement made my naive, idealistic brain explode. I’m such a sap; I really still reflexively want to respect lout elected leaders, and assume they aren’t anti-democratic, totalitarian, arrogant, mean-spirited ideologues with the brains of a mole rat. What’s the matter with me? Reading a quote like this actually hurts me. It makes me want to give up, move to Madagascar, or punch the nearest smug progressive in the face.

Sure, why not kick a student out of the school he was admitted to and planned his life around because some woman accused him of unproven sexual assault? Fairness and process don’t matter; what matters is satisfying a Democratic party core constituency. If some injustice results and some innocent lives are disrupted, who cares, as long as the victims are males?

I can’t trust or respect an individual who says something this ineffably wrong and un-American to its core. Polis is a Princeton grad, a rich and brilliant entrepreneur, gay, and supposedly a civil rights advocate. Yet he thinks it is reasonable to kick a young man out of school if there’s a 1 in 5 chance that an accusation of sexual misconduct is accurate. How can this be? Is he hostile to heterosexual males? Is he a rank hypocrite? Continue reading

The Greensboro College “It Stops Here” Ethics Train Wreck

Everybody’s unethical here.

As usual, however, it starts at the top.

It Stops HereGreensboro College in North Carolina  adopted a new policy on student sexual misconduct, and it requires all first year students to attend a performance of  a one hour play, “It Stops Here,” written and directed by student Michaela Richards, based upon “accounts of sexual assault submitted by survivors.”

Ethics Foul 1 (Greensboro): A female-authored play based on “survivors” accounts is a one-sided, biased and ideological work by its very nature. Do we know that the real incidents are being fairly represented, or would the claims of a “Mattress Girl” be included? Presumably proof of “sexual assault” is being validated by the infamous “Dear Colleague” letter from the Obama Administration that has led to multiple examples of male students being harshly punished in violation of basic due process principles.  It is entirely written from a woman’s/alleged victim’s point of view, and thus certain to be received as hostile and unfair by male students.

Ethics principles violated: Responsibility, honesty, fairness, competence.

Ethics Foul II (Greensboro): Using a work of fiction to inform students about a policy is incompetent. Fiction is always infused with the viewpoint, agendas and biases of the playwright; in this case, such a work is bound to be political. A sincere effort to instruct students on policy should have no political content at all.

Ethics principles violated: Abuse of power, responsibility, respect, competence.

Ethics Foul III: Forced viewing of a work of art isn’t instruction, but indoctrination. In a play, any audience member should have the option of walking out. This is especially true of a play written and performed by amateurs. “The student actors on stage are telling stories of an extremely sensitive nature that should be viewed in a respectful manner,” the president of the college said. “We expect no less of our students, who should know better than to make light of an extremely serious subject that affects us all.” WRONG. Forcing students to watch a play consisting of a slanted view of the sexual assault issue on campus is not respectful. It is, in fact, an insult and a provocation.

Ethics principles violated (Greensboro): Abuse of power, respect, fairness, prudence, regard for personal autonomy.

When people, especially young people and especially American young people who, thank heaven, are still imbued by the culture with a natural detestation of arrogant authority and the courage to defy it, are commanded to do something they shouldn’t be, like to watch an agitprop play, they tend to resist. They did, too:

Members of the audience frequently heckled the cast and shouted sexually explicit remarks.“Many of the boys started calling out ‘She wanted it, it’s not rape,’ and making masturbation noises,” stage manager Claire Sellers told a local news station. Sellers said the remarks were so excessive that cast members “became physically ill and vomited after the show because they were so vulgar.”

Continue reading

Welcome To My World

Suicide jokes, however, are fine...

Suicide jokes, however, are fine

In the ethics CLE (Continuing Legal Education) world, seminar attendees rank presenters. Ethics is a much-detested topic; if you can crack 3 (out of 5, the best), you are doing well. My scores are usually between 4.6 and 4.9.

Attendees are also invited to write comments. I recently received the survey summaries from an out-of-state seminar I taught to a section of that state’s bar. The response during an immediately after the seminar was terrific, so I expected my usual ratings. The coordinator sent me an e-mail stating that my scores were “very good overall” (4.7, in fact) but that there were “concerns about a rape joke in my presentation.”

There was no rape joke in the session. I don’t make rape jokes.

I had been talking about Donald Trump’s lawyer, in an incident I posted about here, incompetently saying that “you can’t rape your spouse.” “You can rape your spouse,” I said. “I have this image of hopeful spousal abusers reading this idiot’s comments and saying, “This is great!”

I wrote back to the coordinator and said that I wanted my objection to this characterization in my files and on the record. I know how it works. All that is remembered later is the complaint, and groups, even bars, are controversy averse. Next year, when they are deciding whether to have me speak, all that has to happen is for someone to say, “Wasn’t there some rape joke he made that we got flack for?” That would be enough; nobody would check, nobody would investigate. I would be eliminated as a potential speaker, probably for all time. They might even tell another bar association about the episode when they are called about whether to use me. “Well, his seminar was popular, but there was some problem about a rape joke he told.”

I asked to see all the surveys. The “concern” about my “rape joke” consisted of exactly one anonymous comment out of a hundred attendees.

I would estimate political correctness hyper-sensitivity by single attendees cost me about a client a year. The other members of their groups have to be saddled with boring ethics seminars because one lawyer had to prove how vigilant he or she was in being properly offended.

(Now THIS is a rape joke...and I would never tell it.)