Amid Scandal and Political Protests: A University President Goes Down

Beyond legitimately taking credit and assuming blame for a myriad of things, a university president ought first of all to be an academic scholar, which comes with the credential of a doctorate in a field or school of knowledge. Rather than a specific body, or school, of knowledge subject to research (and thus growth) being directly applicable to the position, I contend that the process, which includes being enculturated in academia as a scholar, of getting a doctorate is valuable and thus should be requisite to a candidate being selected to lead a college or university. In short, a university president is not just a manager. It would be expedient, in line with committing the “sin of omission,” to have a corporate executive, or, even more expedient, a lawyer, run a university. The governing board of Northwestern University in Illinois committed this “sin” in hiring Michael Schill, a law instructor, as president of that university. Just three years after assuming the position in September, 2022, he abruptly resigned. A memo to that board upon his resignation announcement could read: “Memo to the Board: Yale Law School trains lawyers, not university presidents.”

The full essay is at "Amid Scandal and Political Protests."

Some Academic Degrees Are Not So High: Is Your Degree Overvalued?

American higher education contains its own erroneous nomenclature. Most notably, people having earned one degree in law or medicine are told even by their schools that the degree is doctorates.  Common sense alone can point out that merely three or four years of courses in an academic discipline do not a doctorate make, especially considering that the first year or two consist of survey courses (i.e., courses that survey the different areas in a subject rather than go into depth). That having a prior bachelor’s degree is a required does not mean that the first degree in law, medicine, or divinity is advanced, for the prior degree is not in those schools (of knowledge). For instance, a person can go to a law school in America with a BA in English. Even if a person in one's first degree in medicine, the MD, has earned a prior degree in biochemistry, that subject is not medicine and thus is not relied on. I was surprised when a medical student told me that very little of even his bio-chemistry major was taught to the first-degree medical students. Hence medical students can major in different subjects without being at a disadvantage in the survey courses in the first degree in medical schools. 

The full essay is at "Some Higher Degrees."

A Professional Misnomer: Self-Proclaimed Professionals

By the turn of the twenty-first century, the term, "professional" had become such a cherished word in the American lexicon that every American had decided that he or she is one. Evincing the Lake Wobegon effect—the tendency of most people to describe themselves or their abilities as above average—nearly everyone is wont to say, “I am a professional.” On housing listings on Craigslist, for example, people routinely use the word to signify that they are not students. In fact, even some students characterize themselves as professionals (though not as professional students!). Such common usage belies the term's claim to having a specific meaning. Moreover, the tendency of non-professions to deem themselves as professions nonetheless may evince one of the downsides of democracy—namely, its proclivity to excess in terms of self-entitlement. This is particularly likely to ensue from a citizenry that is lacking in self-discipline, virtue and knowledge. 

The full essay is at "A Professional Misnomer."

Capitalism & Caste: Melting Untouchability in India

In what has become known as India, the caste system of Hinduism has for millennia served as the template for the socio-economic ordering of people into family-based groups. By the end of the first decade of the twenty-first century, the economic liberalization policy put in place in 1991 to replace the stagnant “import-substitution” domestic-favoring model of economic development had enabled some people in the lower castes to vault into social acceptability by virtue of what The New York Times calls “the newest god in the Indian pantheon: money.” Given the advent of the prosperity gospel in Christianity and the associated eclipse of the “camel getting through the eye of a needle” much-earlier-hegemonic association of wealth with greed, a similar statement could be made with regard to the Trinity (see “Godliness and Greed” and "God's Gold," both available at Amazon).

The full essay is at "Capitalism and Caste." . 

Judicial Ethics: Friendship and Philanthropy

Harlan Crow was a Dallas real estate magnate and a major contributor to conservative causes. He did many favors for his friend, Clarence Thomas, “helping finance a Savannah library project dedicated to Justice Thomas, presenting him with a Bible that belonged to Frederick Douglass and reportedly providing $500,000 for [Virginia] Thomas to start a Tea Party-related group.” The two friends spent time together at “gatherings of prominent Republicans and businesspeople at Crow’s Adirondacks estate and his camp in East Texas.” Crow also “stepped in at Thomas’ urging” to finance the multimillion-dollar purchase and restoration of the cannery that had employed the justice’s mother. Crow’s restoration “featured a museum about the culture and history of Pin Point that has become a pet project of Justice Thomas’s. . . . While the nonprofit Pin Point museum is not intended to honor Justice Thomas, people involved in the project said his role in the community’s history would inevitably be part of it, and he participated in a documentary film that is to accompany the exhibits.”

News “of Mr. Crow’s largess provoked controversy and questions, adding fuel to a rising debate about Supreme Court ethics. But Mr. Crow’s financing of the museum, his largest such act of generosity, previously unreported, raises the sharpest questions yet — both about Justice Thomas’s extrajudicial activities and about the extent to which the justices should remain exempt from the code of conduct for federal judges. Although the Supreme Court is not bound by the code, justices have said they adhere to it. Legal ethicists differed on whether Justice Thomas’s dealings with Mr. Crow pose a problem under the code.”

The code says judges “should not personally participate” in raising money for charitable endeavors, out of concern that donors might feel pressured to give or entitled to favorable treatment from the judge. In addition, judges are not even supposed to know who donates to projects honoring them. . . . (T)he restriction on fund-raising is primarily meant to deter judges from using their position to pressure donors, as opposed to relying on ‘a rich friend’ like Mr. Crow, said Ronald D. Rotunda, who teaches legal ethics at Chapman University in California.” On the other side of the argument, Deborah L. Rhode, a Stanford University law instructor who has called for stricter ethics rules for Supreme Court justices, said Justice Thomas “should not be directly involved in fund-raising activities, no matter how worthy they are or whether he’s being centrally honored by the museum.”

The ethical analysis is at "Judicial Ethics."

Source:

Mike McIntire, “Friendship of Justice and Magnate Puts Focus on Ethics,” The New York Times, June 18, 2011.

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.

A Lawyer Comes Up Short on Obama on the U.S. Supreme Court

As president, Thomas Jefferson campaigned against the U.S. Supreme Court in the pivotal 1800 election after the court let the Alien and Sedition Acts stand. The law criminalized criticizing government officials of the U.S. Government. Lincoln announced during his 1860 campaign that he would not enforce the court’s Dred Scott decision upholding slavery in U.S. territories. In saying that invalidating the Affordable Healthcare Act would represent an unprecedented act of judicial activism, Obama was not going nearly that far. In other words, he was not saying he would ignore the decision. Nor did Obama announce anything like Roosevelt’s unsuccessful court-packing scheme.

The full essay is at "Obama on the U.S. Supreme Court."