The Jack Berghouse Cheating Conundrum: Bad Father? Good Father? Ethics Corrupter?

Should we condemn Jack Berghouse for being a good lawyer?

Should a parent defend a bad egg? A cheating bad egg?

Berghouse has intervened to keep his son, a sophomore at Sequoia High School in Redwood City, California, from being kicked out of the honors program for copying his homework assignment from the work of another student. He doesn’t dispute that his son cheated—-his son admits it, and was caught red-handed. Dad is suing the school because he says its policies are conflicting, and thus his son was deprived of due process. He may be right about that. He is also doing it because, as a father concerned about his son’s future, he worries that the blemish on his record will affect his ability to get into an Ivy League college. He’s probably right about that, too.

But is it right—that is to say, responsible and ethical— for parents to use lawyers and the court system to intimidate schools into whitewashing a student’s records? The vast majority say no, which is doubtlessly the reason why Berghouse reports that he is getting hate mail. Continue reading →

Ethics Dunces: Connecticut Lawmakers

Hayes and Komisarjevky, the Cheshire, Conn. killers

Good thinking, Connecticut!

  • With home invaders/multiple murderers/ rapists/sadists Stephen Hayes and Joshua Komisarjevsky duly convicted and sentenced to death by lethal injection, the state legislature passed, and the Governor signed, a law making Connecticut the latest state to ban the death penalty.
  • Since a majority of the public, the legislators and virtually everyone aware of the horrendous facts of the infamous home invasion murders that Hayes and Komisarjevsky unquestionably committed think these two creatures deserve to die, the legislators made the law prospective only, meaning that it only would apply to those convicted of future crimes.
  • Despite the legislative intent, the obvious Equal Protection challenge to a law that treats two sets of citizens—current convicted murderers and future ones—differently may save the lives of Hayes and  Komisarjevsky,  the other 9 residents of the state’s death row, and such likely future residents as Richard S. Roszkowski, convicted of murder for gunning down a man, woman and 9-year-old girl on Sept. 7, 2006, but still facing a second death penalty phase trial, after his first one was overturned on a technicality.

It would have shown integrity for Connecticut lawmakers to have the courage of its supposed convictions, and to abolish the death penalty while having in its custody as perfect candidates for capital punishment as have ever been captured, Stephen Hayes and Joshua Komisarjevsky. In case you have forgotten the details of their June 23, 2007 invasion of the Cheshire, Conn. home of the Petit family, or were lucky enough to miss that horror story until now, here are is a mercifully brief summary. Continue reading →

My Field of Dreams

Yesterday, an Off-Broadway musical closed that I launched on its remarkable run nearly 12 years ago. The show had productions in four states, D.C. and London; it had over 450 performances; it became the cornerstone of one very talented (and very nice) actor’s career, and an important opportunity for several others. It gave a dear friend immense pleasure, satisfaction and recognition in the final decade of his life, and probably saved my theater company from bankruptcy. Most important of all, perhaps, is that it entertained thousands of people. If I got bopped by a trolley tomorrow, the show would undoubtedly stand as one of the major accomplishments of my entire strange, eclectic, under-achieving life.

And yet…feeling good about the unlikely saga of the show, now that it has finally (probably—it has risen from the dead before) seen its last audience, takes considerable effort for me, and has from the beginning. My satisfaction is more intellectual than emotional, because I know that I personally benefited less from the show in tangible ways in proportion to my contribution to it than anyone else involved. Although I restructured the script, re-wrote, added and cut lines, wrote new lyrics to one song and added two others to the show, including the finale, I’m not credited as a co-auther. I own no part of the property, and never received a dime in compensation. Those closely connected with the original production know all of this, but the extent of my role in the creation and success of the show has been invisible to audiences for over a decade. Continue reading →

A Worm In The Culture: Warped Competition Ethics

I'm sorry, Serena, but you're just too good to be on the tennis team. We've decided that you should be on the chess team.

It is difficult for me to comprehend the kind of thought processes that Southampton (New York) High School to ban student Keeling Pilaro, the only boy on  the school’s field hockey team, from playing this season because he is too good at the game, which he learned as a child in Ireland.  I do know their logic is unethical, un-American, and unfair, at least as unfair ought to be defined in the land of the free and the home of the brave.

“They told me I wasn’t allowed to play because I had advanced skills that I learned in Ireland,” Keeling told  local TV reporters. “They told me because I have an ‘adverse effect,’ but they didn’t even explain what the adverse effect was, so that’s what I’m kind of confused about.”
The executive director of the Suffolk County field hockey organization told the local Fox affiliate that the boy was being banned because field hockey “is a girl’s sport.” “When a boy plays,” he explained, “it leads the way for other male players to come in and take over. “[Keeling is] having a significant adverse effect on some of his opposing female players. The rules state he would be allowed to play if he wasn’t the dominant player.”

“Adverse effect,” in field hockey-speak, apparently means an unfair physical advantage, danger to opponents,  keeping a girl from getting more playing time or taking away from a female’s ability to garner postseason awards.

Ah. So we’re talking about discrimination, then, are we? Just so we have our terms straight.

If the woman’s movement has integrity, and it often doesn’t, we would see women protesting this indefensible treatment of the sole male player on a female team. The only field hockey team in the school is the girl’s team: Keeling, by the same principles of fairness and equal opportunity that have been enforced to allow girls to try out for boy’s wrestling, football and baseball teams in high schools and colleges around the country if they have the skills to make the team, should have every right to play on the only field hockey team there is, and not be penalized for his superior skills. Have authorities ever kicked a girl off a field because she was too fast, too strong, too skilled, too good? Would they? I certainly hope not.

Imagine if Ted Williams, LeBron James, Joe Montana, Bobby Orr and Serena Williams had been kicked off their high school teams because they dominated. What kind of Maoist, mediocrity-rewarding, excellence-stifling values is Southampton High trying to infect the nation with by penalizing high performance and achievement? Apparently they don’t understand the nature of competition, which is a serious handicap for a school, and a malady that should not be passed on to a single student. The outstanding competitors make every other player better, unless a player doesn’t want to make the effort, doesn’t have the character to accept that one doesn’t have to win to achieve something important in a contest, or is playing for the wrong reasons. I remember that I was once admonished by a stage director of an amateur production that I was too skilful and experienced for the rest of the cast, and was making them look bad. I was aghast then, and that conversation makes me angry even now, decades later. “Tell them how to be better, then, ” I told her. “Because I’m sure not going to try to do any less than my best.”

We have to decide if we’re really serious about gender equality or not. Keeling is not bigger than the girls on his team, and he doesn’t have a beard and 18 inch biceps. There are two things different about him, and two things only: he is really good, and he has male genitals. I thought the lesson of the women’s movement was that one’s genitals shouldn’t matter, that what mattered was whether you could do the job. Or does that rule only apply to female genitals?

I can certainly understand, if not the logic that is stopping Keeling Pilaro from playing the sport he loves, where the seeds of such illogical logic come from. The seeds come from the bizarre regulations that allow women to be firefighters with upper body strength that would disqualify male recruits, and female soldiers to be certified as combat ready without having to meet the same requirements as a male soldier. They come from affirmative action. When equality doesn’t mean equality in our nation’s increasingly warped, discrimination-is-fairness culture created by regulators, activists and bureaucrats, “Through the Looking Glass” decisions like this one, telling a player he’s too good to be eligible for the team, can begin to make sense.

It doesn’t make sense. It’s not fair, it’s not healthy, and if one applies Kant’s Rule of Universality to it, we end up with a nation of gray, where, as the old Chinese proverb cautions, “the protruding nail will he hammered down.” No more Babe Ruths, no Dana Torreses; no David Beckhams, no Michael Jordans, no Carl Lewises, no Muhammad Alis, no Tiger Woods. And also, as this infection spreads, no Meryl Streeps, Thomas Jeffersons, Thomas Edisons, Eugene O’Neils, or Barbra Streisands. After all, we mustn’t make the less talented and accomplished look bad, feel bad, or make them have to aim higher and work harder to achieve their dreams. It’s wrong to excel. It has an “adverse effect” on those who can’t or won’t.

We all have a stake in whether Keeling Pilaro gets to play field hockey this fall.

For My Father

The better Jack Marshall

My father’s birthday is coming up; oddly, I remember the date now that he’s gone, when I never managed to so while he was alive. It is May 2, and by lucky happenstance, Eugene Volokh chose to post another of my father’s favorite Rudyard Kipling poems on his blog today. I had completely forgotten about it, so this is a gift to me, especially since it helps my dad’s memory burn even brighter, always a boon when I feel the walls closing in.  He loved Kipling’s poems, books and stories, and he was a man whom Rudyard would have admired. Like most Kipling, this poem is about ethics, as well many other things, some of which readers must figure out for themselves.

For you, Dad. And all of you, too:

The Gods of the Copybook Headings

By Rudyard Kipling (1865-1936) Continue reading →

Comment of the Day: “Ethics Quiz: The Case of the Abandoned Prom Date”

Well, I always wanted to be like Clint; not in this way, perhaps, but I'll take what I can get...

Jordan Gray posted the best of the counter-arguments to my resolution of an iron-fisted couples-only policy imposed on a high school junior whose feckless date left her with two tickets, an unworn dress, and a broken heart.

You almost have me convinced, guys. Maybe tgt is right, and I’m just telling the kids to get off my lawn…

Here is Jordan’s Comment of the Day on the post,  “Ethics Quiz: The Case of the Abandoned Prom Date”;

  “What makes proms special is that they are couples affairs, not just another dance.”

First, there are plenty of ways to enjoy the prom without being part of a “couple”. I’ve heard of singles going as groups, for example, or even being picked up by an existing couple who are more concerned with having fun than manufactured romance. Continue reading →

The Matthew Owens Attack: For Obama, Impossible Choices and Deserved Accountability

Actually, Matthew Owens DOES look a little like my son...Of course, it's hard to tell...

From the Huffington Post:

“Alabama police are trying to track down a mob that beat a man into critical condition — leaving their battered victim with the words, ‘Now that’s justice for Trayvon.’ Cops told WKRG that Matthew Owens got in an argument with some kids playing basketball at a court in the city of Mobile on Saturday night. The kids left and a group of some 20 adults arrived at Owens’ front doorstep, armed with chairs, brass knuckles, pipes and paint cans. The group, all African American, allegedly beat him into a bloody pulp before someone uttered the words that connected the crime to the death of Trayvon Martin, the unarmed teen who was shot and killed in Florida by neighborhood watch captain George Zimmerman.”

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UPDATE (4/25): New reports question some of the details above. The dispute may have started over thefts in the neighborhood witnessed by  Owens’ niece; a neighbor says that Owens had been in disputes frequently; police now say that the beating was administered by only members of the group, with the rest standing by and watching. There has been at least one arrest. Also of note: Owens’ sister’s claim that one of the attackers said “Now that’s justice for Trayvon” may have been corroborated by other neighbors.

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This was completely predictable, and indeed it is only the worst, not the first, incident in which an attack on a white victim was linked to “justice” for Trayvon Martin. Now, the reasons I laid out a month ago that made President Obama’s reckless comments about the Sanford, Florida killing divisive and dangerous ought to be obvious to all, but if not, here are some questions to consider: Continue reading →

Trayvon Martin-George Zimmerman Ethics Train Wreck Post-Bail Update

Sadly, still with a good head of steam...

George Zimmerman has been released on $150,000 bail, prompting more ethical misconduct from the media and the lynch mob on the Left:

  • Cable news was reporting that Martin’s parents are “devastated” at the news of Zimmerman’s release. They should not be devastated that an innocent man (in the eyes of the law) is not being forced to stay in prison for more than a year to await trial, and the fact that they are suggests that vengeance, not “justice”, is their true objective. Meanwhile, for CNN et al. to be reporting this as if releasing a defendant on bail is some kind of gift to Zimmerman or affront to Martin’s family is irresponsible and provocative. The news organizations have an obligation to explain that bail is based on the likelihood that the defendant is not a danger to others and not a flight risk. Zimmerman is neither: he turned himself into police as soon as he was charged, and has ties to the community. In America, we do not keep people in jail before they have been convicted unless it is absolutely unavoidable. Citizens interested in ‘justice” should not be devastated when any fellow citizen is afforded freedom up to and until his guilt of a crime has been proven. It is a right they may need themselves some day. Continue reading →

Ethics Dunce, Trayvon Martin-George Zimmerman Ethics Train Wreck Division: Mansfield Frazier

"Do the right thing, George. Or else."

Mansfield Frazier, whose name I was blissfully unaware of until I read his astounding opinion piece in The Daily Beast, thinks that in order to prevent another set of deadly riots along the lines of what occurred when the police who beat Rodney King were acquitted, George Zimmerman should be persuaded to accept a prison sentence without a trial by jury of his own. “The time is now for strong hands to take the helm and steady the ship of state—not to mention our national racial, political and legal discourse. The paramount concern has to be to avert a large-scale racial calamity.” he writes.

No, the paramount concern is for the justice system to give George Zimmerman the same due process of law, same fair trial, same guaranteed legal defense and same right to a trial before his peers as any other citizen accused of an alleged crime that has not been used to fan racial hate and suspicion on MSNBC. Those concerned about potential race riots should look to the people who irresponsibly lit the fuse to ignite them, and order them to snuff out the flame. Those concerned should observe the actions of the Florida prosecutors, who have given every indication that they either have no valid case or are incapable of presenting one. They should seek to discipline a national news media that has misinformed the public about the case, stating that there were elements of racism and profiling in Trayvon Martin’s death when the evidence so far firmly establishes neither. It is not George Zimmerman’s responsibility to sacrifice his freedom to prevent a social calamity that was not and will not be of his making. Continue reading →