Cheerleader Ethics: Nice Cheerleaders Don’t Say “Fuck,” But They Have A Right To Say It When They Aren’t Cheerleading

Well, this in encouraging. Another court has slapped down a school’s attempt to punish a student for what she wrote online in a personal social media  account. Ethics Alarms has protested the abuse of authority this increasingly common practice represents for many years—I don’t have the time right now to track all the posts down, but I will, and add a link to them here.

U.S. District Judge A. Richard Caputo ruled that the Mahanoy Area School District (In Pennsylvania) violated a student’s First Amendment rights when it kicked her off the junior varsity squad for writing “fuck” repeatedly in a Snapchat post. Do you use that mouth to cheer with, honey?

The teen made the vulgar post on a weekend in May, 2017, off school grounds. It pictured her and a friend holding up their middle fingers with the cogent text, “fuck school fuck softball fuck cheer fuck everything.” She was dressed in street clothes, not her cheerleading uniform, with no pom-pons.  I don’t know how schools got the idea that they could control every aspect of a student’s life and speech to this extent, but too many try. And too many get away with it. Continue reading

What Is The Ethical Response To The Racially Unbalanced Admissions To New York City’s Elite High Schools?

The question has been giving me a headache since I first read about the stunning results of the process that gives New York City students access to its elite public schools.  Of the nearly 4,800 students admitted into the specialized schools for 2019, 190 are black, down from  207 black students admitted last year out of just over 5,000 offers. Stuyvesant high school, which is representative, gave 7 offers to black students (out of 895 slots),   33 offers to Hispanic students, 194 offers to white students, and Asian-American students received a whopping  587 offers. Overall, Asian-American students constitute 60% of the student bodies of the eight elite schools.

Students take  a single exam that tests their mastery of math and English in order to gains entrance to the academically challenging school. Stuyvesant, which has the highest cutoff score for admission and is thus the most selective of the schools, now has the lowest percentage of black and Hispanic students of any of New York City’s roughly 600 public high schools.

What should the city do about this? Should it do anything?  Continue reading

Morning Ethics Warm-Up, 3/18/2019: Paranoia, Pettiness, Pirro, Provoked Applicants, Piqued Students, Posturing And Progressives

Good Morning, Pacific Time Zone!

I’m heading to San Diego tomorrow to talk about “Five Looming Ethics Issues for Lawyers  and  Their  Corporate Clients”  to a group of over 600 lawyers. THEY don’t think my analyses of ethics issues violate community standards…okay. I admit it, I’m getting paranoid. Despite a lot of, I humbly believe, useful, timely and well-presented content, the weekend traffic was terrible, and comments were sparse, if excellent. This year, so far, is lagging behind last year, which seriously trailed the year before. What’s going on here? Has Google secretly joined Facebook in its efforts to keep the posts here from reaching an audience? Of could it be that I just suck? Maybe Donald Trump really has killed all belief in ethics…that’s the ticket! Blame the President!

1. Pettiness and vindictiveness vanquished. Good. The Judicial Council of the 10th U.S. Court of Appeals  has affirmed its December decision to reject 83 ethics complaints against Justice Brett Kavanaugh, all filed by bitter partisans who are determined to hurt the newest Justice because the Democrats’ slimy and unethical ambush tactics failed, as they should have. In a 6-1 decision, the judicial council affirmed its earlier finding that the federal law governing misconduct complaints against federal judges does not apply to justices on the U.S. Supreme Court. Many of the complaints filed against Kavanaugh argued he had made false statements under oath during hearings on his nominations to the U.S. Court of Appeals for the D.C. Circuit in 2004 and 2006 and to the U.S. Supreme Court last year—you know, like having an innocent recollection of what “boof” meant in his completely irrelevant high school year book.  Other complaints accused Kavanaugh of making inappropriate partisan statements in his inappropriately partisan hearings, or claimed he treated members of the Senate Judiciary Committee with disrespect, or as I would put it, the disrespect they deserved for attempting to smear his good name and reputation through demagoguery and calls to reject the presumption of innocence.

Let me remind everyone that Ruth Bader Ginsberg, in her confirmation hearings, stated under oath that she had no pre-formed opinions that would affect her objectivity in abortion cases. Nobody filed any ethics complaints. Continue reading

Sunday Morning Ethics Warm-Up, 3/17/19: March Ethics Madness!

Good morning!

Any week that starts off with John Belushi’s immortal reflections on March just has to be a good week.

1. Connecticut: Judicial ethics and guns. Anti-gun fanatics are cheering this week’s ruling by the Connecticut Supreme Court  reversing  a lower court judge dismissing a lawsuit by the families of victims of the Sandy Hook shooting against Remington Arms Company, allowing the case to proceed. In the 4-3 decision the court  possibly created a path that other mass shooting victims can follow to get around the federal Protection of Lawful Commerce in Arms Act, known as PLCAA, which has protected the manufacturers of the AR-15 assault rifle from lawsuits, thus setting the stage for a sensational “Runaway Jury”-type trial. The court’s reasoning is that the Sandy Hook families should have the opportunity to prove that Remington violated the Connecticut Unfair Trade Practices Act (CUTPA) by marketing what it knew was a weapon designed for military use to civilians. The problem is that the ruling ignores the law, as John Hinderaker explains (but he’s not the only analyst trashing the decision):

“Firearms of all kinds have been ‘designed for military use.’,” he writes. “The 1911, designed by John Browning, was the standard U.S. military pistol for many years and remains one of the most popular pistol designs today. So what? There is no such exception in the Second Amendment…Under the Supremacy Clause, federal law will govern over state law. The Protection of Lawful Commerce in Arms Act is intended to avoid precisely the result reached by the Connecticut Supreme Court. The PLCAA puts firearms manufacturers on the same plane with all others. If their products are not defective–if they do not malfunction–they are not liable. If someone stabs a victim to death with a knife, the victim’s heirs can’t sue the knife manufacturer. It is the same with firearms.”

Hinderaker correctly concludes that significance of the ruling is not that it opens a road for the Second Amendment to be constrained, or for ruinous liability to applied to gun-makers, but that it shows how courts will deliberately ignore the law to reach political goals. Continue reading

Comments Of The Day: The College Admissions Bribery Scandal

This is a bit of a departure, a showcase for one of Ethics Alarms most active commenters (especially appreciated as the blog experiences boycotts, embargos, and Facebook blocking and other indignities), Michael R. The topic is the recent College Admission scandal, which has been covered here and here.

Michael, an educator, is well informed on this topic, and he shows it in three excellent Comments of the Day.  And I forgive him for never, ever, making a typo.

I.

The college scandal has many, many facets. What has caused standards to slip so low? Well, athletics obviously has a corrosive effect, with students admitted based on athletic ability instead of academic ability. The grade inflation has also greatly degraded college standards. The almost lack of education occurring in our high schools is another factor.

An overlooked factor, however, is the public higher ed systems’ oversupply of colleges. Public college policy has mainly been about votes and prestige, not actual societal need. This has resulted in a lot more colleges than the country actually needs. A typical example would be Local Community College. Well, the President of Local Community College would rather not be the laughingstock of the College President’s Club, so he petitions the state legislature to authorize his school to offer 4-year degrees. He states that his community deserves a 4-year school like (insert rival town here). This proposal is mainly decided on its political merits, not the needs of the state as a whole. It goes through, along with new funding for new facilities, new faculty, and more students for the Local State College. With all the Community Colleges becoming State Colleges, the presidents of the Regional State Colleges petition to become Regional State Universities. They point out the prestige and grant money they could get if they had graduate programs. This too, is granted based on political merit. The National Science Foundation is then pressured to remove funding from the traditional research schools and transfer it to the new State Universities amid allegations of elitism for favoring longstanding research schools with top-notch researchers over the new State Universities with no significant research results and they cave. Now, with no community colleges left, a new round of community colleges is constructed. This increases the number of seats for college students by 30% or so, but there are not more high school students graduating. This is repeated all over the country, so out-of-state students are not an option. The only reasonable option is to lower admissions standards. Once the admission standards are lowered, retention suffers and the faculty are ordered to improve retention and graduation rates. The only reasonable way to do this is to make the classes easier and the race to the bottom is on. Continue reading

Morning Ethics Warm-Up, 3/15/2019: Fevered Ethics Musings, and More

Good morning

…after a lousy night’s sleep.

 I’m going to deal with the Peter Strzok/Lisa Page Congressional testimony in a full post, but I’ll give a preview here.. As I will elaborate then, this makes me feel like I am going crazy, and also creates dilemmas regarding what this blog is about, and how to keep it trustworthy. The story that has developed over the past week is almost incredible in its objective implications for the Obama administration’ legacy (Did you know that there were NO SCANDALS under President Obama?), the 2016 election, Hillary Clinton, the Mueller investigation, the Justice Department, the Democratic Party, and the efforts to undermine the Trump Presidency, and by extension, our democracy. When I write about all of this, however, the result will sound like an over-heated conspiracy theory from the depths of Breitbart. I know that’s what my bubble-dwelling friends on Facebook will say, and what the Ethics Alarms exiles who were, and, I’m sure, still are, incapable of believing anything but “resistance” and Democratic anti-Trump talking points will think as well. I checked yesterday’s New York Times page by page: there was nothing about what Peter Strzok and Lisa Page revealed under oath…not in the news, not on the op-ed page, not in the letters to the editor. How can that be, in a paper that claims to present “all the news that’s fit to print?” I didn’t check the Washington Post (I don’t get the paper version) , but I assume a similar black-out from the paper that hypocritically proclaims that “Democracy Dies In Darkness.” Senator Lindsay Graham s calling for a new Special Prosecutor, and if we had an honest, non-partisan news media, I assume—I hope—that the informed public, at least the uncorrupted portion that has principles that transcend politics, would be doing the same. I know U.S. government and Presidential history better than most, and what I see—and can see only because I do not trust the mainstream media–is worse than Watergate (that over-used phrase) and far, far scarier, because this time, the press is part of the cover-up.

1. Addendum. One legacy that may be ticketed for oblivion is that of John McCain. We learned yesterday that a close McCain associate aggressively circulated the discredited, Trump-smearing Steele memorandum to media outlets all over D.C. after the President was elected. From the Daily Caller:

David Kramer, a former State Department official, said in a deposition on Dec. 13, 2017 that he provided a copy of Christopher Steele’s dossier to reporters from McClatchy, NPR, The Washington Post, The Wall Street Journal and BuzzFeed and CNN’s Carl Bernstein. He also shared the report with State Department official Victoria Nuland, Obama National Security Counsel official Celeste Wallander and Illinois GOP Rep. Adam Kinzinger.

If Senator McCain knew about this, or worse, engineered it, he was trying to undermine the sitting President. Based on his petty and vindictive conduct in the period between the election and his death, this seems very plausible, and even likely.

2. Meanwhile, here’s another irresponsible Trump Tweet storm…which has received more publicity in major news sources than indications that the Obama Justice Department was working to manipulate the 2016 Presidential election. The President tweeted that “airplanes are becoming too complex to fly”   two days after the Ethiopian Airlines crash that killed all 157 people aboard, and before any official assessment of the causes of the crash  was made, “Split second decisions are needed, and the complexity creates danger. All of this for great cost yet very little gain. I don’t know about you, but I don’t want Albert Einstein to be my pilot. I want great flying professionals that are allowed to easily and quickly take control of a plane!”

Ugh. Talk about abusing a position to make the public dumber. This is just Luddite blathering from someone who has no more expertise regarding airplanes than my mailman. It is not an informed opinion, and the comments can do no good, while causing tangible damage in unfounded fear.

I do agree that Albert Einstein would be a poor choice as a 737 pilot, as would Genghis Khan, Ed Wynn, and Katherine the Great, being untrained in flying AND being dead as mackerels.

2. Another liberal champion bites the dust (and I think I know why).  From the Montgomery Advertiser:

The Southern Poverty Law Center fired Morris Dees, the nonprofit civil rights organization’s co-founder and former chief litigator. SPLC President Richard Cohen said in a statement Dees’ dismissal over his misconduct was effective on Wednesday, March 13. When pressed for details on what led to the termination, the organization declined to elaborate. “As a civil rights organization, the SPLC is committed to ensuring that the conduct of our staff reflects the mission of the organization and the values we hope to instill in the world,” Cohen said in the emailed statement. “When one of our own fails to meet those standards, no matter his or her role in the organization, we take it seriously and must take appropriate action.”

The Law Center is literally an extension of Dees; he has been its face and founder. I’ve been at an award ceremony for Morris Dees. An organization doesn’t treat its progenitor this way unless it has to, and Dees, according to reports, was no longer active in the SPLC’s activities. There is an undropped shoe, and I’m betting the Oxford is one more sexual harassment scandal involving a liberal icon. What other “conduct” would get Dees fired, unless the hate-group labeling group’s founder was using shoe-polish to imitate Michael Jackson?

3.  So how long before college tuitions come down, people stop assuming those with degrees from Harvard are smarter than those who don’t, and higher education admits that a complete overhaul is overdue and mandatory, since colleges have become political indoctrination centers rather than educational institutions?  Commenting on the college admission scandal, George Mason University professor Bryan Kaplan writes at TIME:

…The admissions scandal is an opportunity to separate the lofty mythology of college from the sordid reality. Despite the grand aspirations that students avow on their admission essays, their overriding goal is not enlightenment, but status. Consider why these parents would even desire to fake their kids’ SAT scores. We can imagine them thinking, I desperately want my child to master mathematics, writing and history — and no one teaches math, writing and history like Yale does! But we all know this is fanciful. …Most majors, however, ask little of their students — and get less. Standards were higher in the 1960s, when typical college students toiled about 40 hours a week. Today, however, students work only two-thirds as hard. Full-time college has become a part-time job….Why do employers put up with such a dysfunctional educational system? Part of the answer is that government and donors lavish funding on the status quo with direct subsidies, student loans and alumni donations….The deeper answer, though, is that American higher education tolerably performs one useful service for American business: certification.

… When I was in high school, my crusty health teacher loved to single out a random teen and scoff, “You’re wanted … for impersonating a student.” If you can get your less-than-brilliant, less-than-driven child admitted, he’ll probably get to impersonate a standardly awesome Ivy League graduate for the rest of his life.

…[T]ruth be told, this salacious scandal proves next to nothing. It just illustrates the obvious. Though we casually talk about our “institutions of higher learning,” little learning is going on. Sure, college is an intellectual banquet for the rare students with a passion for ideas and the energy to locate the also-rare professors with a passion for teaching. The vast majority, however, come in search of a stamp on their foreheads that says grade a — and leave with little else. If the parents accused by the FBI are guilty as charged, don’t say they failed to understand the purpose of a college education. Say they understood its purpose all too well.

Bingo.

 

 

Dar’shun Kendrick And “The Testicular Bill Of Rights”

A Georgia House committee approved legislation last week to outlaw abortion after a fetus’ heartbeat can be detected. Yes, it’s a bad bill and almost certainly an un-Constitutional one.  My guess is that this law and a similar one in Tennessee are designed to give the Supreme Court yet another shot at over-turning Roe v. Wade.

In response, Democratic state Rep. Dar’shun Kendrick sent out this proposal on Twitter:

Is this woman as brick-stupid as this would suggest, or is she making some subtle point that her intellectual inferiors are too limited to grasp? It appears that she really thinks that this is a valid, even clever, analogy. Do abortion fanatics really think this way? Do they really not even perceive that sexual autonomy is just one half of the issue, and that without the half that they are ignoring, there would be no issue? Continue reading