Education

The Professor and the Insensitive Law School Exam Question

/ Jack Marshall / 17 Comments
"Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can't think straight. I dare you."

“Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can’t think straight. I dare you.”

A Constitutional Law exam at UCLA Law School included this question:

CNN News reported: On Nov. 24, St. Louis County prosecuting attorney Robert McCulloch announced in a publicized press conference that Police Officer Darren Wilson (who has since resigned) would not be indicted in the August 9 shooting of Michael Brown. Michael Brown’s stepfather, Louis Head, was with hundreds of protesters assembled outside the police station, listening on loudspeakers and car radios when they learned Officer Wilson was not being charged. Standing on the hood of a car, Mr. Head embraced Michael Brown’s mother. Mr. Head asked someone for a bullhorn but it was not passed to him. He turned to the crowd, stomped on the hood and shouted, repeatedly, “Burn this bitch down!”

Police Chief Tom Jackson told Fox “News,” “We are pursuing those comments … We can’t let Ferguson and the community die [as a result of the riots and fires following McCulloch’s announcement]. Everyone who is responsible for taking away people’s property, their livelihoods, their jobs, their businesses — every single one of them needs to be prosecuted to the fullest extent of the law.”

County Attorney Robert McCulloch asks lawyers in his office whether to seek an indictment against Head by relying on a statute forbidding breach of the peace and another prohibiting rioting (six or more persons assembling to violate laws with violence). A recent hire in the office, you are asked to write a memo discussing the relevant 1st Amendment issues in such a prosecution. Write the memo.

The question is a fair and legitimate one, and very typical of law school exams, which often ask students to apply course content to current events. Nonetheless, it provoked a controversy.

Shyrissa Dobbins, a second-year law student in the course and is chair of the Black Law Students Association, complained, “Daily I think about Michael Brown and Eric Garner, and I have a challenge. Every day I think about this injustice and how I’m in a law school that won’t even make a statement about it.” Hussain Turk, a second-year law student who took the exam, argued that  exams should not ask students to address controversial events, and that the question was unfair, as it could be more emotionally difficult for black students to answer. “These kinds of questions create a hostile learning environment for students of color, especially black students who are already disadvantaged by the institution,” Turk said.

There is only one proper rebuttal for this foolishness:

“Grow up, deal with your biases, start thinking like lawyers or find a profession you can handle.”

Pathetically, the law professor, Robert Goldstein apologized in an email in an e-mail to students, saying, “I recognize … that the recent disturbing and painful events and subsequent decisions in Ferguson and New York make this subject too raw to be an opportunity for many of you to demonstrate what you have learned in this class this year,” and promised to discount scores students receive on the question if it lowers the overall score of the student.

Law school Dean Rachel Moran added to the misplaced sensitivity-fest, and her e-mail, said…

“In retrospect, however, he understands that the question was ill-timed for the examination and could have been problematic for students given the anguish among many in our community over the grand jury decisions in the Michael Brown and Eric Garner cases.”

Observations: Continue reading →

Smith College President Kathleen McCartney’s Apologizes For Saying “All Lives Matter”: Is There A Problem?

/ Jack Marshall / 17 Comments
Damned if you do, damned if you don't.

Damned if she does, damned if she doesn’t.

There is a problem, all right, but not the one you might think—at least not this time.

Smith College President Kathleen McCartney attempted to  show support for her students  protesting racism and police brutality by sending a campus-wide email titled, “All Lives Matter.” But the official slogan of such protests is “black lives matter.” McCartney immediately came under fire from black students and others, accusing her of minimizing the specific nature of her concerns. “No, Kathy. Please do not send out an email saying ‘All lives matter.’ This isn’t about everyone, this is about black lives,” Sophia Buchanan, a Smith student, in a typical critique.

The college President apologized several hours later, saying that she hadn’t thought about the fact that “all lives matter” was being used by some as a rebuttal to “black lives matter”:

“I regret that I was unaware the phrase/hashtag ‘all lives matter’ has been used by some to draw attention away from the focus on institutional violence against Black people…. “It minimizes the anti-blackness of this the current situation; yes, all lives matter, but not all lives are being targeted for police brutality. The black students at this school deserve to have their specific struggles and pain recognized, not dissolved into the larger student body.”

That statement put her in the cross-hairs of the “conservative media” and others, who treated it as a full-fledged “gotcha!” What??? Saying that all lives matter is offensive now? What next Orwellian proposition will political correctness bullies demand from spineless college administrators? Continue reading →

Ethics Quiz: The Harvard Prof and The Erroneous Chinese Restaurant Menu

/ Jack Marshall / 51 Comments
Perfect! Just what you need to handle that pesky flea, Professor!

Perfect! Just what you need to handle that pesky flea, Professor!

Ben Edelman, a rather well-noted Harvard Business School professor, had this fascinating exchange with a local Szechuan restaurant:

Edelman 1Edelman 2Your Ethics Alarms Ethics Quiz:

“Is Prof. Edelman’s conduct ethical?”

Continue reading →

KABOOM!* Our Hyper-Sensitive Future Lawyers

/ Jack Marshall / 30 Comments

headexplode

Well, friends, for the second time this month my brains are on the ceiling, walls and floor again, and I’ve had to gate the dog so that…well, you know.

Columbia Law School announced that it is permitting students who are so devastated by recent non-indictments in the Michael Brown and Eric Garner matters to postpone taking their final exams. Isn’t that nice?

By “nice, “I mean stupid, irresponsible and embarrassing. You can read the Dean’s nauseatingly delicate statement here: I don’t want it polluting the blog, so I’m not going to quote it. Besides, if I look at it again, who knows what else might be on my walls. Continue reading →

Unethical Tweet Of The Month (Or Eternity?), “Jackie’s” UVA Gang Rape Ethics Train Wreck Division: Melissa McEwan

/ Jack Marshall / 17 Comments
Melissa McEwan's profile photo. I'm not going to say a thing. No, really. Not a thing.

Melissa McEwan’s profile photo. I’m not going to say a thing. No, really. Not a thing.

“I can’t state this more emphatically: If Jackie’s story is partially or wholly untrue, it doesn’t validate the reasons for disbelieving her.”

— Melissa McEwan,  feminist proprietor of @Shakestweetz, an-all tweet blog, responding to the meltdown of the Rolling Stone story accusing a University of Virginia fraternity of gang rape.

Look, I’m not going to insult you by explaining what’s wrong with the assertion that those accusing others of horrific crimes shouldn’t be held to strict standards of credibility.

What is more significant than McEwan or her tweet is that this frightening and dangerous state of denial is moving from the status of self-evidently insane to acceptable. As I suggested in the previous post about the Rolling Stone retraction of its explosive story by Sabrina Rubin Erdely, the Ferguson demonstrators, the “Hands up!” protestors, the Congressional Black Caucus, and  pundits like Eugene Robinosn who are still arguing that Officer Wilson should be indicted are doing essentially the same thing. Having decided that the Ferguson narrative pressed by civil rights activists communicated a deep truth about America, they refuse to accept that it was false even in the face of overwhelming evidence because they are intellectually and emotionally committed to that “truth.”

The tweet also forces me to upgrade the Rolling Stone fiasco to Ethics Train Wreck status. Continue reading →

The “Rolling Stone” UVA Gang Rape Botch

/ Jack Marshall / 52 Comments
Student protest against campus rape at UVA. And if the rape didn't happen? Take a cue from the "hands up!" crowd: keep protesting. The news media won't notice.

Student protest against campus rape at UVA. And if the rape didn’t happen? Take a cue from the “Hands up!” crowd: keep protesting! The news media won’t notice.

Hardly making it to the headlines (except where I live) is the latest example of 1) irresponsible journalism and 2) the results of the Obama administration threatening colleges with sanctions of they don’t presume every male student accused of sexual assault is guilty.

On Nov. 19, Rolling Stone published a sensational report—sensational, mind you—by reporter Sabrina Rubin Erdely, telling the tale of a vicious  gang rape at the  Phi Kappa Psi fraternity at the University of Virginia. The victim and the source of the story, a young woman called “Jackie,” said that in 2012 she was forced into a room in the fraternity  and raped by seven men, as her date and another man  cheered her assailants on.

In response to the uproar triggered by the story, the university, which was loathe to be a target of investigations and sanctions by the Obama administration if they did not act with appropriate haste and severity,  suspended all the campus fraternities until January as the media went into a feeding frenzy. Meanwhile, the alleged crime is under investigation by local police. [UPDATE: Here is a call to suspend the UVA President Teresa A. Sullivan:  “Her decision was arbitrary, rash and wrong. Even Delta House got some semblance of a trial in the movie, ‘Animal House.'” I do not disagree.]

Several journalists diplomatically raised questions about the account, especially the fact that the story was often phrased in terms that left  no hint that these were allegations only. In an environment where the party in control of the White House maintains that any hesitation to regard a rape accusation as inherently reliable is proof of a “war on women,” one unnamed woman’s  unconfirmed accusation presented as truth by a female reporter was sufficient to trigger adverse consequences for male UVA students with remarkably little reflection: this was unfair, an example of punishing all the horses because someone said that one of them left the barn.

It should be no surprise that the other shoe has dropped. Continue reading →

How Should We Judge Second Apologies?

/ Jack Marshall / 21 Comments
Sure, who wouldn't think this was funny coming from a member of your school board?

Sure, who wouldn’t think this was funny coming from a member of your school board?

The most important feature of apologies is that they express sincere and honest regret for the real harm done. If the first apology for misconduct fails that test, how much credence should a second attempt have? Does it negate the first apology completely? Ought it to be read and understood in light of the initial, unsatisfactory apology? Or should it be ignored completely as a public relations document crafted to achieve a result, rather than to express genuine contrition?

The case of Chris Harris, a board member for the Hooks Independent School District in the town of Hooks, Texas, provides a fascinating test.

Lat week, Harris posted an image of a Klu Klux Klan member with the caption, “I’m dreaming of a white Christmas”  to his Facebook page. The reaction to this was what almost anyone with a fully functioning cerebrum would expect, a category that Harris does not belong to, or at least did not when he posted it. Perhaps after shouting, “Doh!” or perhaps not, Harris rushed to repair the damage, publishing this apology:

Harris apology 1

Terrible apology! Continue reading →

Watch “Blue Bloods”

/ Jack Marshall / 25 Comments

Blue Bloods

I owe Tom Selleck an apology. The long-time genial hunk, famous as “Magnum, P.I.” and notable in show business lore for missing the career opportunity of a lifetime when contractual obligations forced him to turn down the role of Indiana Jones in “Raiders of the Lost Ark,” has guided his CBS police series “Blue Bloods” to five seasons, exploring tough ethics dilemmas in virtually every episode, and usually doing it very well. For some reason, I’ve only cited the show a few times, once critically, and it deserves better. Netflix started streaming the show, and my wife has been watching about three a day. I really hadn’t been paying sufficient attention, or respect. It’s a wonderful ethics show, the best since “Star Trek, the Next Generation’s” hay day, and one of the very best ethics TV shows of all time.

Selleck plays fictional New York City police chief Frank Reagan. The show could be called “The Conflicts of Interest Family, ” because law enforcement is the family business, and Selleck’s large brood includes two sons, one a patrolman and the other a detective, under his command, and a daughter who is an assistant district attorney. Reagan delicately balances the jobs a father, mediator and boss, all while being given back-seat advice from his father, who is retired but was also a NYC police chief.

I have found myself thinking about how Selleck’s character would react to the Ferguson ethics train wreck. Police shootings have been frequent topics of episodes, as have political efforts to demonize police. Frank was a fan of New York’s controversial stop-and-frisk policy, and accusations of profiling do not reduce him to a mass of apologetic jelly. Meanwhile, he has forged a working relationship or trust with the City’s black mayor, whose loyalties to the black community, and more than a few dubious civil rights headline-seekers.

Selleck is a credentialed, if low-key, Hollywood conservative, and his show’s demographics are just short of Social Security territory.  It’s too bad: teachers should assign the show and discuss the episodes in class. The episode I wrote about earlier was an entire ethics course on its own, but hardly unique in the series: What should an undercover cop do when a child is imperiled in a burning building, and he is the only one who can get to the kid in time? If his photo is taken by the media that arrive on the scene, not only is his cover blown, but his life and family may be in danger. He hands off the child to his partner, who is the on photographed and becomes a hero. The city is clamoring for the Chief to decorate him as a hero. Naturally, the real rescuer is a Reagan.  Should the partner be willing to live a lie? Should the Chief deceive the public and preside over a fake ceremony to preserve an undercover operation that might bust the mob?  This was a memorable “Bluebloods” episode. but many reach this level of ethics complexity, and the duds are far and few between. This season the show has explored many ethics problems that have been debated in the news, such as campus rape, police body cameras, the “blue line,” news media bias, and others.

I apologize, Mr. Selleck. I have neglected your excellent efforts to present ethical dilemmas in law enforcement, leadership and parenting to the public in an intelligent, balanced, courageous and entertaining manner. Great job, on a great show. Please keep it up. I promise to pay closer attention.

 

 

Comment of the Day: “Rationalization List Update: 29 (a). The Gruber Variation and 47. Contrived Consent, or ‘The Rapist’s Defense'”

/ Jack Marshall / 5 Comments
Magician, hoax-exposer, historian, truth-seeker James Randi

Magician, hoax-exposer, historian, truth-seeker James Randi

Alexander Cheezem weighed in with a wonderful expansion on The Gruber Variation (and its parent, Rationalization #29,  The Altruistic Switcheroo). It speaks for itself: the gist involves the situations when deception really does have  beneficial results for the deceived,  intended by the deceiver—in which case, the claim that an otherwise unethical act was “for his own good” mean that the act not have been unethical, and thus the claim is not rationalization, but truth.

One immediate result of Alexander’s comment is that I’m editing the text in #29. I wrote:

It is true that misfortune carries many life lessons, that what doesn’t kill us often makes us stronger, and that what hurts today may be the source of valuable wisdom and perspective later, but it really takes a lot of gall to cheat, lie to, steal from or otherwise harm someone and claim it will be a good thing in the long term. Yet an amazingly large number of people possess this much gall, because the Altruistic Switcheroo is very common, especially among parents who want to convince themselves that bad parenting is really the opposite. A marker for this rationalization is the statement, “You’ll thank me some day”—the specious theory of the sadistic parent who named his son “Sue” in the famous Shel Silverstein song made famous by Johnny Cash. No, he won’t.

“A Boy Named Sue” is a lousy example. It is true that the singer ends the song by saying he isn’t thankful, and I don’t blame him, but the father’s theory was borne out: the name did make his son tougher. There’s nothing in the lyrics to suggest that he name choice was sadistic, and if the only rationale for the song was what the father claimed it was, it’s no rationalization. Oh, it was cruel, irresponsible and unfair—and stupid— but the father did name the boy “Sue” for his own good. (The fact that his cruel tactic worked still doesn’t make it right: that would be 3. Consequentialism, or  “It Worked Out for the Best.”

I’ll end the passage before the dash.

Here is Alexander’s Comment of the Day on the post, “Rationalization List Update: 29 (a). The Gruber Variation and 47. Contrived Consent, or ‘The Rapist’s Defense'”:

Interesting additions, but I think that the Gruber Variation needs a bit of a caveat in nuance regarding its description: it needs to be distinguished from both legitimate teaching techniques which involve parallels and certain grey areas.

To handle the last first, I’ll just give a few examples, starting with Project Alpha ( http://en.wikipedia.org/wiki/Project_Alpha ) and the Sokal Hoax (http://en.wikipedia.org/wiki/Sokal_affair ). Both involved presenting people who were supposed to safeguard against deception with a hoax in order to expose the holes in said safeguards. Both involved rationales which closely paralleled the Gruber Variation in several respects, and were criticized for actually following that sort of logic (I disagree, although I do think that both were ethically “grey”). Continue reading →

Unethical Quote Of The Month (Lawyer Representing A Hypocritical And Unethical Client Division): Keith Wyatt

/ Jack Marshall / 12 Comments

“She lied to her mother so she could have sex with her teacher. She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?”

—-Lawyer Keith Wyatt, L.A. Unified School District’s trial attorney who successfully defended it in a law suit by the family of a middle school girl who had been engaged in a six month sexual relationship with her math teacher. The girl’s family claimed the district negligently permitted the teacher’s criminal conduct to occur and that the teacher’s exploitation of the girl had caused emotional damage to their daughter. Wyatt also told a radio interviewer that it was a more dangerous for a 14-year-old to cross a street in traffic than to have sex with her middle-school teacher.

Yes, he’s an idiot.

Yeah, those middle school tarts all want it, right, Keith?

Yeah, those middle school tarts all want it, right, Keith?

The school district fired him, disavowing and apologizing for his comments. Yet they were willing to let Wyatt argue in court—on the school’s behalf, remember— that a 14-year-old middle school student was mature enough to consent to having sex with her 28-year-old teacher, and that she shared responsibility for what happened. Wyatt introduced the girl’s sexual history into evidence as proof of his client’s lack of culpability.

There is nothing wrong or unethical about Wyatt’s tactics in the trial itself. State law is weird in this area—this is California, after all, home of Hollywood, Roman Polanski fans, Woody Allen enablers, Miley Cyrus and the Kardashians—for while the age of consent is 18 in criminal cases, two appellate court rulings have held that the argument that a minor can consent to sex with an adult is permissible in civil law suits. He did what the law permitted him to do in defense of his client. That’s not just ethical lawyering, it is at the core of legal ethics. The argument won. Wyatt did what he was trained to do, paid to do, and obligated to do if he agreed to take the case

However, it is a revolting and irresponsible argument for any school or school district to make. Wyatt should have made this clear, and maybe he did (though that quote doesn’t support such a supposition.) Who in their right mind–well, OK, this is L.A.–would send their child to a school system that takes the position that a 14-year-old student is responsible when she is raped by her 28-year-old teacher, and that she’s really not being harmed if he does? The teacher, Elkis Hermida, was convicted of lewd acts against a child and sentenced in July 2011 to three years in state prison.  Continue reading →