Harvard Law School

It’s Comforting To Know That Yale Is Educating Future Lawyers As Incompetently As Harvard, I Guess

/ Jack Marshall / 7 Comments

Actually, it’s terrifying.

A core function of lawyers in our society is to give everyone equal access to the law irrespective of their believes, interests, or motives. Without them, the public and all of its entities, institutions and organizations become slaves and victims of laws rather than beneficiaries of them, with an elite and corrupted professions using their knowledge and skills to distort democracy rather than protect it.

The relentless ideological corruption of academia is slowly but surely corrupting the professions it is trusted to train, with lawyers being a striking example. Now law students are increasingly taught that their interests, not their clients, should be the focus of their passions, and those interests have been dictated by progressive and leftist agendas, with the aim of transforning a profession designed to be equally accessible to all into a tool of dominance by one side of the political spectrum over the others.

This developments is the reason ethics alarms must sound over the students of both Yale and Harvard Law Schools condemning a major law firm’s choice of clients. They are trying to build a national law student boycott of Paul, Weiss, Rifkind, Wharton & Garrison until the firm drops  ExxonMobil as a client. Climate change, you know. As we increasingly see, the environmentalist cult is being used to justify weakening democratic institutions and principles.

A pledge is circulating declaring that top students will no longer interview for summer associate positions or work at the firm until Paul, Weiss, and of course there will be other firms, no longer represent the oil and gas giant, and, inevitably, other energy companies.  Providing Exxon with competent representation in a series of climate change lawsuits makes firms complicit in the planet’s destruction. Thus the legal system must be rigged against them.

The last sentence is my fair and accurate translation of the objective behind the pledge, which reads, Continue reading →

I Expect Non-Lawyers And Journalists To Misunderstand This Basic Legal Ethics Principle….But HARVARD LAW SCHOOL?

/ Jack Marshall / 24 Comments

Kaboom.

This is a repeat issue, so I could make this short and link to the previous Ethics Alarms post on this annoying subject, or  here, when I defended Hillary Clinton when she was being called a hypocrite for once defending  a child rapist, or maybe the post titled,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or this post, when liberal icon and former Harvard Law professor Larry Tribe was representing a coal company. I have vowed, however, that if I accomplish nothing else with this blog, I will do my best to put a stake through the ignorant and destructive idea that lawyers only represent clients they agree with, admire, or personally support. Here its is again, the ABA rule that is quoted somewhere in every jurisdiction’s attorney conduct regulations. Let’s do it really big this time:

ABA Model Rule 1.2(b): “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

Got that? Memorize it Print it out and carry it in your wallet, and hand it to your ignorant loud-mouth family member who complains about those scum-bag lawyers who represent bad people. Post it on social media and  in online comment sections where people are bloviating about the same. idiotic misconception.

What we can do about Harvard, however, I just don’t know. You know what they say, “Get woke, lose all respect and credibility as a trustworthy advocate for civil rights and the Rule of Law.” Okay, I’m going to have to work on that… Continue reading →

Sunday Ethics Warm-Up, 10/7/18, Part II: Fake Satire, Fake Racism, Fake Harvard

/ Jack Marshall / 14 Comments

Good Morning AGAIN!

My OTHER favorite hymn when I’m feeling blue..

3. If I were the producer of Saturday Night Live…I would strongly push the show to do what satirical shows are supposed to do: make fun of everyone. It is just good business, as well as comedic integrity: make everyone watch to see who gets skewered.  But no: despite the over-abundance of potential and indeed near mandatory targets of parody and mockery, SNL took sides—the same one it has been taking now, virtually exclusively, for years. There was no Spartacus sketch, despite the preening of the absurd Cory Booker, and a skit that virtually writes itself. Lindsay Graham was cruelly mocked, but not Kirsten Gillibrand, nor Diane Feinstein. Ah, but Senator Susan Collins, who made a brave, clear, invaluable speech about her choice–women get choices, I hear—to buck the #MeToo bullies and lynch mobs and confirm Brett Kavanaugh, was mocked for THAT last night, aan portrayed as weak dupe. Yet despite the mannered, baby-talking, confused presentation by Blasey-Ford, whom I would deem a satirist’s dream, the show’s writers didn’t have the guts to touch her.

4. Speaking of jokes…Georgetown prof C. Christine Fair, who the college thinks can be trusted to be neutral and fair to white men in her classroom despite her racist and violent tweets, had an explanation after her Twitter account was suspended. She had written, you will recall,

“Look at [this] chorus of entitled white men. All of them deserve miserable deaths while feminists laugh as they take their last gasps. Bonus: we castrate their corpses and feed them to swine? Yes.”

Come on! Don’t you get the joke? She was kidding! Fair told the Washington Post, whose reporter didn’t have the integrity to respond, “How stupid do you think I am?”…

“Maybe this was not my most eloquent attempt,” Fair said. “And I will certainly concede I was attempting to make people feel uncomfortable,” but  “this idea I’m somehow calling for actual violence is preposterous.”

Gee, why can’t white supremacists and racists excuse their “jokes” the same way?

The Post’s writer, however, completely accepts Fair’s alibi, and impugns anyone who took offense at it as “extreme right wing.”  Read the article.

Nah, there’s no mainstream media bias! Continue reading →

Rationalization Pop Quiz: What Do Barry Bonds And Elizabeth Warren Have In Common?

/ Jack Marshall / 27 Comments

I wonder how many strategy sessions it took for the supporters and enablers of Senator Elizabeth Warren (D-Mass) to come up with their latest defense of her ongoing lie that she is part Cherokee? We know it’s a lie now—a deliberate misrepresentation designed to deceive—because the Bay State crypto-socialist has refused the obvious resolution of taking a DNA ancestry test….again. You know she’s taken at least one, and maybe more. Being able to wave scientific proof that she had Native  American ancestors after all the “Fauxahontas” jibes would be a political bonanza for Warren, and solve her most daunting public relations problem outside of my home state, the Land of Michael Curley, where corruption, lies and letting young women drown don’t put a dent in your popularity or vote totals, for some reason. Sure, Warren took the test. She probably took another one just in case it was wrong….and she still doesn’t have the integrity or courage to admit her lie.

And that, now and forever, is why her Cherokee fantasy matters. It shows that Warren lies, and lacks integrity. It shows that she was willing to use a falsehood to gain traction in university employment competitions where gender, race and minority status often made all the difference….even if it meant that a real minority candidate failed because of her subterfuge.

Yet those strategy sessions yielded this defense on Warren’s behalf: according to an investigation by the Boston Globe, Warren’s fake Cherokee claim wasn’t a factor in her hiring by Harvard Law School:

The Globe examined hundreds of documents, many of them never before available, and reached out to all 52 of the law professors who are still living and were eligible to be in that Pound Hall room at Harvard Law School. Some are Warren’s allies. Others are not. Thirty-one agreed to talk to the Globe — including the law professor who was, at the time, in charge of recruiting minority faculty. Most said they were unaware of her claims to Native American heritage and all but one of the 31 said those claims were not discussed as part of her hire. One professor told the Globe he is unsure whether her heritage came up, but is certain that, if it did, it had no bearing on his vote on Warren’s appointment.

Perhaps the editors and journalists at the Globe never heard of moral luck, but I bet at least some of those law professors comprehend the concept. Whether or not Warren’s deliberate lie and misrepresentation of her ancestry actually was a factor in her hiring at Harvard was pure chance, and occurred after Warren had embraced a false identity. Once she did that, the consequences were out of her control. Her lie doesn’t become less unethical because it didn’t have any effect after the fact of it. A lot of people have trouble grasping this basic ethical concept, but it isn’t that hard. A person who drops a bowling ball from a bridge onto an express way is just as irresponsible and reckless if the ball misses every thing as he would be if the ball caused a ten car pile-up and the death of ten. He’s just as bad either way, and the rest is all luck. The same is true of Warren’s affirmative action-courting lie. Continue reading →

Ethics Quiz: “The Stickering”

/ Jack Marshall / 58 Comments

More than a dozen handmade stickers reading “It’s okay to be white” were posted around overnight in Harvard Square earlier as well as around the nearby Harvard Law School campus.

Law School Dean of Students Marcia L. Sells, who is black, wrote an email to law students in the wake of what Stephen King might call “The Stickering”:

“It seems likely that these anonymous postings, made in the middle of the night, were provocations intended to divide us from one another HLS will not let that happen here. We live, work, teach, and learn together in a community that is stronger, better, and deeper because of our diversity and because we encourage open, respectful, and constructive discourse”

Your Ethics Alarms Ethics Quiz of the Day—and watch your step!—is…

Do you think posting the stickers was unethical? Do you think the Dean’s response was responsible?

Continue reading →

Now THESE Are Unethical University Administrators…

/ Jack Marshall / 5 Comments

Harvard_ShieldHarvard University police say that an investigation revealed that former Harvard Law School administrators Meg DeMarco, 33, and Darris Saylors, 32, stole about $110,000  from a university account that exists to  to assist  students with disabilities. 

 

The investigation commenced in November 2013 when a new budget manager at the law school noticed some accounting discrepancies.  DeMarco and Saylors then resigned from their positions at the Dean of Students office. The ensuing inquiry revealed that the two had taken money out of the  fund to  buy dozens of laptops, iPads, iPods and other electronics, which police traced to  DeMarco’s home and Saylors’ apartment, but also to the homes of Saylors’ friends and family in California, Washington and Tennessee.  DeMarco used a mobile card reader to deposit school money directly into her banking account. In addition to the electronics, Saylors used Amazon to buy purses, clothing, jewelry, and even sex toys.

The Law School announced that “As a result of this matter, the Law School implemented additional layers of controls governing the use of its credit accounts and purchasing protocols.”

What a good idea! Continue reading →

Fairness To Incompetent Lawyers?

/ Jack Marshall / 14 Comments
To be fair, Tamara can blame the fact that she thinks this is a good law suit on her cognitive problems..

To be fair, Tamara can blame the fact that she thinks this is a valid law suit on her cognitive problems…

Why this story didn’t make my head explode, thus rating the KABOOM! label, is a mystery. My theory is that the truly idiotic and ignorant exclamations on Facebook by my usually rational friends about guns in the wake of the Orlando terrorist attack have gradually strengthened my skull’s tolerance to internal pressure.

Once again, I have encountered a news story that required me to check and see if it was a hoax.

Tamara Wyche is a 2013 Harvard Law School graduate who is suing the New York State Board of Law Examiners. She claims she twice failed the bar exam because it refused to provide the same kind of testing accommodations that the law school did for her in her exams there, in recognition of her various cognitive problems. The fact that she flunked while being forced to take the exam under the same rules as everyone else resulted in the large Boston law firm Ropes & Gray terminating her employment. You can read her complaint here.

I confess that I didn’t read all of it: I didn’t want to press my luck with the old cranium.

The 29-year-old Wyche says she was diagnosed with depression and anxiety as a first-year law student at Harvard, and also  suffered several head injuries (?) that resulted in permanent memory problems and cognitive issues, requiring her to take several leaves of absence from her studies. She finally earned her law degree in 2013 thanks to Harvard granting her several doctor-recommended accommodations, including 50% extra time on tests, a separate testing room, and extra break time. She also was exempt from being called on in class, because of a propensity for anxiety and panic attacks.

Allow me to cut to the chase for a second, again in the interest of my dangerously bubbling brains, and perhaps yours. Continue reading →

The Astounding Apology of Anti-Semitic Harvard Law Student Husam El-Coolaq

/ Jack Marshall / 101 Comments

husam_linkedin_photo

At Harvard Law School, an event in the Program on Negotiation, sponsored by the Jewish Law Students Association and Harvard Hillel and titled “The Israeli-Palestinian Conflict & the U.S” consisted of an exchange of ideas between former Israeli Foreign Minister Tzipi Livni and American diplomat Dennis Ross.

Husam El-Qoulaq, a law student in the audience asked this:

My question for Tzipi Livni is, how is it that you are so smelly? It’s regarding your odor — about the odor of Tzipi Livni, very smelly.

How professional, civil, respectful and representative of the image that the nation’s most prestigious law school wishes to present to the world!

Harvard Law’s Jewish community reacted with indignation at this brazen display of anti-Semitism, while Harvard’s Law School Dean Martha Minow issued an official statement that the incident…

“…was offensive and it violated the trust and respect we expect in our community. Many perceive it as anti-Semitic, and no one would see it as appropriate. It was an embarrassment to this institution and an assault upon the values we seek to uphold. The fact that speech is and should be free does not mean that hateful remarks should go unacknowledged or unanswered in a community dedicated to thoughtful discussion of complex issues and questions.”

Husam El-Qoulaq then posted this astounding “apology”: Continue reading →

Campus Protest Ethics Yin, Yang and Yecchh: Unethical Website Of The Month “The Demands,”Ethics Hero Dr. Everett Piper, And Ethics Dunces, The Occidental Faculty

/ Jack Marshall / 30 Comments

yin-and-yang-yuck

It’s an interesting question: is a website that approvingly lists nothing but unethical and outrageous demands from student protesters in this current round of progressive campus thuggery itself unethical, or is calling it so a case of killing the messenger? The Demands is certainly a useful website, as it displays the full kaleidoscopic display of where indoctrination on campus and the elevation of victim-mongering as a successful political strategy (Go Redskins!) off campus has brought us. Since the site’s stated objective is to support these pro-apartheid, anti-speech, anti-education totalitarian tots, however, I think unethical is a fair description. Some may disagree.

The loony is powerful here. For example…

...Guilford College students demand that the college must prioritize recruitment and retention of undocumented students. Guilford also takes the prize for the most the most deranged “suggestion” among the lists, which is that  “every week a faculty member come forward and publicly admit their participation in racism inside the classroom via a letter to the editor in the Guilfordian.” 

…Every Dartmouth student “must be taught and made aware that the land they reside on is Abenaki homeland” especially at all major ceremonies, and  the school must “incorporate into each department at least one queer studies class.”

…SMU students demand that all students considering initiation into a fraternity or sorority must be subjected to mandatory cultural intelligence and sensitivity training, a.k.a. brainwashing.

…University of North Carolina student activists go full Orwell, demanding “mandatory programming [on] ways in which racial capitalism, settler colonialism, & cisheteropatriarchy structure our world.”  They also demand that“White professors must be discouraged from leading and teaching departments” studying colonized/enslaved people/societies,” and this gem: “We DEMAND that campus police participate in the University-wide political education….Policing as an institution must be abolished.”

…Vanderbilt students want the university to eliminate its policy against “obstruction or disruption of teaching, administration, & University procedures & activities.”

There is so much more, if you have the stomach for it. Please, please make sure some debate moderator makes a list of the most outrageous demands and asks Bernie and Hillary what they think about them, as well as the campus culture and political cant that gestated this virus. Continue reading →

Airbrushing History, Again: If Woodrow Wilson Is At Risk, Can George Washington Be Far behind?

/ Jack Marshall / 16 Comments

woodrow-wilson

While Paris was bleeding, the predicted anti-white black student power play spread from its origins at Yale and the University of Missouri to 23 other campuses (so far). None of the new outbreaks of victim-mongering, black-dictated apartheid  and outrageous demands had any more justification than the Mizzou Meltdown, but they all entered the competition. Some highlights:

  • Amherst students demanded a crack-down on any free speech in the form of criticism of Black Lives Matters or the protest goals.
  • Dartmouth’s Black Lives Matters members roamed through the campus library, verbally assaulting white students attempting to study.
  • Smith College held a sit-in, and barred reporters-–the new breed of campus freedom-fighters just don’t like that pesky First Amendment—unless they promised to cover the protest positively. There’s one more school that doesn’t teach basic American rights and values….
  • Occidental College is in the middle of a me-too imitation of the Mizzou stunt, with students occupying a three-story administration building all this week, demanding that a series of actions ranging from racist to just unreasonable to oppressive, in the name of “safety” and “diversity”, of course. They are also insisting that President Jonathan Veitch resign. Predictably, the leftist faculty which helped make the students this way are fully supportive. Read the demands here; my favorites: demanding an increase in tenured black professors and black doctors (a racist demand: there is no mention of ability; color is enough); funding for the student group for black men, which is racist and counter-diverse by definition; and “elimination of military and police rhetoric from all documents and daily discourse.”

Freedom of speech is so passe.

  • The crazy is getting stronger: The University of Vermont-–from the lands where Bernie Sanders roams— hosted a three-day retreat for students who “self-identify as white,” called  “Examining White Privilege: A Retreat for Undergraduate Students Who Self-Identify as White.”  The goal was to give students “the opportunity” to “conceptualize and articulate whiteness from a personal and systemic lens”  and “recognize and understand white privilege from an individual experience.” This, I submit, has absolutely nothing to do with education, and everything to do with self-obsession and narcissism.

Ah, but my favorite is Princeton, which finding itself third among its fellow Ivies (as usual), this time in concocting an embarrassing and offensive student protest, decided to go for broke.This week, members of the Black Justice League walked out of class and occupied the building that houses the Princeton administration’s offices. They demanded that the school reject “the racist legacy of Woodrow Wilson,” formerly president of Princeton before becoming a President of the United States and Democratic Party icon, by removing his name from anything bearing it. They also demanded “cultural competency training” for Princeton professors and assistants (that is, forced re-education and ideological brainwashing, academia style) teaching at Princeton, courses on the “history of marginalized people,” that is, approved leftist narratives, and  the setting aside of public spaceto be  restricted to the use and enjoyment of black students only, which is properly called self-segregation and racist exclusion.

Continue reading →