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Wednesday, November 23, 2016

A Law School Dean Offers Grief Counseling to "Hysterical" Students after Trump Wins: Legal Reasoning Suffers

Michael Schwartz, dean of the law school at the University of Arkansas at Little Rock announced in November, 2016 that he would resign the following summer. His accomplishments included a lawyer-student mentoring program, live-client learning sessions, and a low-income clinic in the Arkansas Delta.[1] The trigger for his resignation was a school-wide email he had sent to students just days earlier in which he announced that he was making counseling available to any student who was upset by the election of Donald Trump as U.S. President. Besides effectively normalizing over-reactions and failing to recognize normal venting, the dean’s email interjected partisan politics, albeit tacitly, into higher education. Rather than turn the popularized context into a teachable moment for assumption-analysis, the dean modeled what happens when unsupported assumptions run unchecked. In the end, the legal reasoning of students could suffer.

The full essay is at "Grief Counseling to Hysterical Students."

1. Emily Walkenhorst, “UALR Law School Dean to Exit Post,” Arkansas Democrat-Gazette, November 19, 2016.

Tuesday, November 22, 2016

The Courts Go After Gerrymandering: Deconstructing a Conflict-of-Interest

In the U.S., the boundaries of both federal (e.g., U.S. House of Representatives) and state legislative districts are redrawn every ten years after the census to “ensure that each district contains roughly the same number of people.”[1] Both major political parties in state legislatures “often remap districts to favor themselves, either by cramming opposition voters into a single district or by dividing them so they are the majority in fewer districts.”[2] I contend that a simple majority vote is problematic, given the irresistible temptation to redraw the districts for partisan advantage rather than merely to take account of changes in population.

The full essay is at "Gerrymandering."

1. Michael Wines, “Judges Find Wisconsin Redistricting Unfairly Favored Republicans,” The New York Times, November 21, 2016.
2. Ibid.

Sunday, November 20, 2016

The Electoral College: Beyond the Conventional Wisdom

The matter of how the U.S. President is to be selected was a tough nut for the delegates in the Constitutional Convention in 1787 to crack. Mason observed the following in convention, “In every Stage of the Question relative to the Executive, the difficulty of the subject and the diversity of the opinions concerning it have appeared.”[1] The alternative proposals centered around the Congress, State legislatures, the governors, the people, and electors designated for the specific purpose as the possible determiners. Although the delegates were men of considerable experience, their best judgments about how the alternatives would play out were subject to error as well as the confines of their times. In re-assessing the Electoral College, we could do worse than adjust those judgments and rid them of circumstances pertaining to them that no longer apply. For example, the Southern States no longer have slaves, so the question of whether those States would be disadvantaged by going with a popular vote no longer applies; the alternative of going with the popular vote nationwide no longer suffers from that once-intractable pickle. Yet lest we rush headlong into a popular vote without respect to the States, we are well advised not to dismiss the points made by the convention delegates, for we too are constrained by our times, and we may thus not be fully able to take into account points that have been forgotten.

The full essay is at "The Electoral College."

1. James Madison, Notes of Debates in the Federal Convention of 1787 Reported by James Madison (New York: W. W. Norton, 1966): 370.