Harvard Law School

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 →

The Harvard Law School Seal: Apparently They Are No Longer Teaching Critical Thinking At Harvard Law School

/ Jack Marshall / 24 Comments

H Law SchoolSee that seal to the left? Apparently that is a racist symbol that must be banned. At least that’s the conclusion a group of Harvard Law School students have come to, thus compelling my conclusion that either Harvard Law School is no longer a trustworthy institution for training young minds in relentlessly logical analysis as the practice of law at 400 bucks an hour requires, or that it is admitting too many students so indoctrinated in mindless progressive cant that they are beyond help.

These young adults need to skip the law and go straight to community organizing.

I’m sure all of you saw the bushels of wheat in the Harvard Law School seal and immediately recoiled in disgust and horror. No? That’s because need a masters in Obscure Harvard History to understand what these fanatics are complaining about:

From the Harvard Crimson:

A new student movement at Harvard Law School is organizing to change the seal at the school, which the students argue represents and endorses a slaveholding legacy. The seal is the coat of arms of the family of Isaac Royall Jr., a slaveholder who endowed the first professorship of law at Harvard.

They have launched a Facebook page and are now in the process of further organizing. They are drafting a letter to send to the Dean of the Law School Martha L. Minow with their positions, according to Mawuse H. Vormawor, a Law School student and organizer of the effort. Students involved in the effort argued that imagery from a slaveholding era has no place at today’s Harvard Law School.

“These symbols set the tone for the rest of the school and the fact that we hold up the Harvard crest as something to be proud of when it represents something so ugly is a profound disappointment and should be a source of shame for the whole school,” said Alexander J. Clayborne, one of the Law students involved.

Vormawor pointed to the research and scholarship of visiting Law School professor Daniel R. Coquillette, who recently published a book about the first century of Harvard Law School, as inspiration for the movement. In the book, Coquillette details the relationship between the Royall family’s slaveholding and the endowment of the Law School.

Thus proceeds the process of airbrushing history, withdrawing credit that has been justly  earned, and judging past figures  by the standards of today. This is a particularly silly example, as the design of the seal is likely to be meaningless to 99% of Harvard law students, not to mention 99.99999% of everyone else. Continue reading →

Send In The Clowns: Larry Lessig’s Scholarly, Ignorant, Insulting, Unethical Candidacy

/ Jack Marshall / 19 Comments
Full disclosure: Because I believe that nobody in the history of photography who wasn't pompous as hell posed this way for a picture, and because Lessig has several pictures in this pose, I wouldn't trust him anyway.

Full disclosure: Because I believe that nobody in the history of photography who wasn’t pompous as hell posed this way for a picture, and because Lessig has several pictures in this pose, I wouldn’t trust him anyway.

[Running out of time tonight, due to an unexpected crisis. Unethical Presidential Candidate Sunday will be extended into Labor Day. I have four posts in the can…]

Harvard Law Professor Larry Lessig, being either  bored, puckish, naive or having had a psychotic break, has declared his candidacy for the Democratic nomination for President with the following “plan”: Continue reading →

Ethics Heroes: 28 Harvard Law Professors

/ Jack Marshall / 24 Comments
Campus sex is returning to the '50's....the 1850s.

Campus sex is returning to the ’50’s….the 1850s.

In 2011, the Obama Administration threatened universities with a loss of funding if they did not adopt a new “preponderance of the evidence” standard in evaluating alleged student sexual assault and sexual harassment. This was, few doubt, a sop thrown to the combative feminists among the Democratic base, those who detect a culture-wide “war on women” and who seek to cast co-eds as imperiled naifs even as the proclaim themselves the equals of men. Within three years this really bad idea has metastasized into the Campus Sexual Assault Witch Hunt Ethics Train Wreck, which would be getting more media attention but for the fact that the world is falling apart in chunks. Among its weirder effects is the proliferation of new “yes means yes” regulations, effectively taking all spontaneity, romance and fun out of sex, all in the service of dubious and cynically employed campus rape statistics. Take this, for example:

“Consider the sexual consent policy of California’s Claremont McKenna College, shared almost verbatim with other schools such as Occidental College in Los Angeles. Paragraphs long, consisting of multiple sections and subsections, and embedded within an even wordier 44-page document on harassment and sexual misconduct, Claremont’s sexual consent rules resemble nothing so much as a multilawyer-drafted contract for the sale and delivery of widgets, complete with definitions, the obligations of “all” (as opposed to “both”) parties, and the preconditions for default. “Effective consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed upon (and the conditions of) sexual activity,” the authorities declare awkwardly. The policy goes on to elaborate at great length upon each of the “essential elements of Consent”—“Informed and reciprocal,” “Freely and actively given,” “Mutually understandable,” “Not indefinite,” “Not unlimited.” “All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting”—think: signing a mortgage—“and a willingness to do the same thing, at the same time, in the same way,” declare Claremont’s sex bureaucrats.”

Cheers, then, are due to 28 Harvard Law professors, who authored and signed a letter protesting Harvard University’s capitulation to the Obama Administration’s blackmail and urging the University to reject the new standards:

Some highlights: Continue reading →

The Harvard Law Student’s Formula For An Ethical Life

/ Jack Marshall / 27 Comments
Yes, I hate my job, and yes, my clients are the scum of the Earth, and yes, my life sucks. But think of all the kids I can help get de-wormed!

Yes, I hate my job, and yes, my clients are the scum of the Earth, and yes, my life sucks. But think of all the kids I can help get de-wormed!

When I heard about the Harvard Law Record’s essay by law student Bill Barlow titled “Want To Save The World? Do Biglaw,” I mistakenly  assumed that he had made a persuasive, or at least coherent, utilitarian argument. After all, some fairly distinguished blogs took notice, and set about rebutting him. I was shocked when I actually read the piece. From what I can tell, Barlow understands nothing he was writing about—not the profession of law, not charity, not careers, not values, not law firms, not ethics, not money, not life. Why is someone who thinks like this in law school? What are law schools accepting people capable of writing this? Why is Harvard allowing someone this naive and shallow to display a Harvard degree?

This is literally all there is of substance to the article:

“So there you have it—be a corporate lawyer, donate 25% of your post tax income to charity, and save 150 lives a year, or de-worm 25,000 kids.  Alternatively, go into Public Interest, Government, or Academia, and feel warm and fuzzy about yourself.  Sadly, when people at this school talk about public service, they mean the latter, rather than the former.  If only people applied the same amount of cognitive skill used in just one LSAT logic game to the most critical question of what to do with their law degree, hundreds of lives could be saved.”

Ugh. Where to begin? Continue reading →

Ethics Quote Of The Week: Kareem Abdul-Jabbar.

/ Jack Marshall / 20 Comments

“Shouldn’t we be equally angered by the fact that his private, intimate conversation was taped and then leaked to the media? Didn’t we just call to task the NSA for intruding into American citizen’s privacy in such an un-American way? Although the impact is similar to Mitt Romney’s comments that were secretly taped, the difference is that Romney was giving a public speech. The making and release of this tape is so sleazy that just listening to it makes me feel like an accomplice to the crime. We didn’t steal the cake but we’re all gorging ourselves on it. So, if we’re all going to be outraged…Let’s be outraged that private conversations between people in an intimate relationship are recorded and publicly played. Let’s be outraged that whoever did the betraying will probably get a book deal, a sitcom, trade recipes with Hoda and Kathie Lee, and soon appear on “Celebrity Apprentice” and “Dancing with the Stars.”‘

–—Basketball legend Kareem Abdul-Jabbar, in an essay pointing out some of  hypocrisies and excesses in the reactions to the Donald Sterling saga.

"Gotcha! He's screwed now...but he's a racist scumbag, so it's perfectly OK."

“Gotcha! He’s screwed now…but he’s a racist scumbag, so it’s perfectly OK.”

Good for Kareem. I was just about to make this point myself, and preparing to be pilloried for making excuses for a racist. Kareem is a lot bigger than I am, and I’m happy to stand behind him.

I watched two African-American lawyers on CNN today erupt in over-the-top outrage that has become the norm in the “finger-wagging Olympics” that Abdul-Jabbar decries in the rest of his article. One of the lawyers called Sterling’s remarks defamatory—“defamatory?” Sterling didn’t say a word that was negative about blacks; he just said he didn’t want his girl friend taking photos with them. His comments constitute smoking gun proof of racial bias, sure, but they aren’t “defamatory.” The other lawyer called them “the most vile, disgusting...” on and on and on, comments that he had ever heard.  Really? I doubt that. You know, once you award the prize to Sterling’s racist comments, you have no more superlatives left  for really horrible racist remarks. The two sportswriters, Christine Brennan and Bill Rhoden, who preceded my commentary on NPR today, did the same thing. It was a contest over who could express the most outrage.

It is a small surprise, then, in this hyper-charged atmosphere, that the conduct of V. Stiviano is getting an ethics pass, as if betrayal doesn’t matter as long as the betrayed party is despicable, and what she did was justified because she exposed a racist to the world. It’s not justified. The ends don’t justify the means, when the means are betrayal and mean-spirited vengeance, and when the methods used threaten to become a social norm, turning American homes and bedrooms into Stalinesque trap where no secret is safe. We’ve seen this practice before and I’ve condemned it before: the Harvard Law student turned into a campus pariah by a jealous rival circulating a private e-mail to the people most likely to be offended by it; Alec Baldwin’s daughter releasing private communications with her intemperate father to harm his reputation; Mel Gibson’s girlfriend doing the same; e-mail jokes being intercepted and sent to political enemies as a tool of personal destruction; clumsy suitors having their fumbles turned into national ridicule by the objects of their affection. Continue reading →

Being Fair to Elena Kagan

/ Jack Marshall / 5 Comments

The long knives are already out for Solicitor General Elena Kagan, now the latest Supreme Court nominee. Once, before the late Ted Kennedy shamelessly accused Robert Bork of being a racist, a sexist and a monster to boot, U.S. Presidents were accorded the respect by both parties in the Senate have confirmed whoever they chose for the High Court, unless the choice was so cynical or politically tainted as to demand defeat. No more. Now each nominee has to thoroughly debase herself or himself by denying the political philosophies that produced his or her nomination in the first place. The first casualty of the nomination process is integrity.

Is it too late to go back? Is it too late to be fair? Continue reading →