Ethics Quote of the Day: Ken, of Popehat

“Listen to me: a law school calculated to make students feel good about themselves is as ridiculous as a Marine boot camp designed to make enlistees feel good about themselves. Law students, God help us, will one day be lawyers. When they are, nobody will care about their self-esteem. The prosecutors seeking to jail their clients will not be seeking to foster a sense of community. The opposing civil lawyers seeking to bankrupt their clients will not be promoting a culture of dignity and respect. Most law practice is about conflict. It’s a bloody, ugly street fight. Self-esteem borne of law-should-be-harmony is useless to clients. The only self-esteem useful to clients is self-esteem earned by hard work, determination, command of the subject matter, and the willingness to stand up to adversity. People who object to law professors being wickedly Socratic, and classmates being cutthroat, are missing the point. If you’re put off by a Socratic professor, Mr. Fluffy Bunny, a run-of-the-mill judge is going to make you soil yourself. If nasty, backstabbing classmates upset you, the first time you get into a nasty letter-writing campaign with an opposing counsel you’re going to have a breakdown. Law school is not a fucking spa day. It’s training to stand between your client and whatever the world throws at him.”

—– Ken, the astute lawyer/sage/Don Rickles of the libertarian social commentary website Popehat, excoriating the University of St. Thomas Law School for, among other things, extolling the values of self-esteem, collaboration, harmony and community among their students.

What Ken is really talking about is zealous representation, that once universally accepted bedrock of the  lawyer’s duty that has gradually fallen into disfavor with many academics and lawyers. Continue reading

The NFL’s Looming Choice: “Chickafication” or Bloodsport

At a recent conference, a physician panelist discussing NFL player head injuries said that if the average NFL player walked into a doctor’s office for a typical checkup, he’d be rushed immediately to a hospital for treatment.

The fact is slowly dawning on NFL management, the players and the public that pro football, indeed all football, is even more dangerous than everyone thought, and that normal, accepted play may still routinely cripple players in the worst possible place: their brains. The problem, ethical as well as medical, is that no one knows whether the sport can fix the problem and still be what fans regard as NFL pro football. It is a medical problem, because the data increasingly indicates that serious head trauma and long-term disability is frighteningly common. It is an ethical dilemma, because the very aspect of football that many of its fans most relish—the bone-crushing violence—is leaving players unacceptably vulnerable to depression, memory loss, personality disorders, rage, dementia, and suicide. Continue reading