Category Archives: ethics

Harvard Doesn’t Need the Money

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The Federal money transfers in the form of grants and contracts, that is.

Some thoughts on the matter:

The school’s fundraising machinery has swung into gear, sending several email blasts to alumni seeking gifts during what one solicitation called “a critical moment,” and many donors say they are stepping up their efforts.
At the same time, school leaders including President Alan Garber are focusing on conversations with the school’s heaviest-hitting donors as they seek to offset the Trump administration’s $2.26 billion federal funding freeze, according to people familiar with the efforts.

To the extent these efforts are successful, and early indications are that they are succeeding, this strongly suggests that Harvard has no intrinsic need of Federal—us taxpayers’—dollars. That’s eliding the more than $53 billion endowment with its 9.6% return on investment and roughly 5% year-on-year growth, net of disbursements from the endowment.

Some big donors…said Harvard, and not the federal government, should steer the school’s operations and priorities.

That, by itself is entirely true. However, just as private donors get to call the shots on how their donations must be used by the school, so it is with Federal dollars: the government gets to specify how its transfers are used by the school. Even more, just as those private donors have no intrinsic obligation to donate at all, so it is with the government—it has no obligation at all, intrinsic or otherwise, to send any money at all to the school.

Harvard can operate entirely freely if it does not accept Federal dollars, and Harvard has no obligation, intrinsic or otherwise, to accept those dollars.

Little donors illustrate another reason for donating to Harvard. Lawyer Jim Ehrman:

…I am convincing myself that I am making a statement in support of Harvard’s “No” to Trump.

This has nothing to do with the legitimacy, or lack, of the Federal government continuing to fiscally support, with its funding transfers, the school’s antisemitic bigotry and support for terrorist-supporters on its campus. This is, instead, centered on knee-jerk Never Trumpism.

Responsibility

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The Republican caucuses in the Senate and House are considering restrict[ing] the [provider] taxes’ use to finance state Medicaid contributions entirely, which would have the effect of putting more of a State’s expenditures under Medicaid on the State itself: overall, the restriction would save the Federal government—which is us taxpaying citizens writ nationwide—some $600 billion over 10 years.

There are objections, of course, by those whose money tree would be severely pruned. Ryan Cross, Franciscan Missionaries of Our Lady Health System’s Government Affairs VP:

If you end provider taxes, you’re going to shift that burden to the state, either harming Medicaid patients and healthcare-provider reimbursement, or leading to higher state and local taxes[.]

This is disingenuous. Any harm done Medicaid patients, who as citizens of their State are the responsibility of that State, and of healthcare providers, who as operators in that State also are the responsibility of that State, is done by that State through its own decisions regarding the tax remittals of that State’s own citizens. Regarding those decisions, it apparently is inconceivable to Cross and the rest of the Leftists that the State could reallocate its spending to cover the costs rather than just knee-jerk and willy-nilly raise its taxes.

These are $600 billion dollars for which us taxpaying citizens of our nation have better use.

Of Course They Are

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Trade groups and other lobbyists are up in arms over President Donald Trump’s (R) tariff regime, and they’re looking at suing him/his administration over that.

“Lawyers” are jumping at the chance to sue.

Consumer Technology Association CEO Gary Shapiro:

Lawyers seem to be in consensus that this is illegal. There will be lawsuits.

Of course they are. Of course there will be. There are fees to be collected from those cases.

Proof to the contrary will be in how many of those lawsuits are brought by lawyers acting either pro bono or on a contingency basis, meaning the lawyer(s) collect nothing at all unless they win. Which they will not do if appellate courts rule against them.

We Want our Maypo®

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HHS has terminated or canceled, as the case may be, some $12 billion in grants to the States for health-related programs, and a number of State Attorneys General, led by Arizona’s Kris Mayes (D) are suing to keep the dollars flowing.

Never mind that the grants were Wuhan Virus Situation-related, and that that pandemic is long since ended. HHS made that clear in the cancelation notice:

[T]he grants and cooperative agreements were issued for a limited purpose: to ameliorate the effects of the pandemic. Now that the pandemic is over, the grants and cooperative agreements are no longer necessary as their limited purpose has run out.

This is clear enough. Yet, the AGs perform their artificial hysteria. Here’s Mayes in particular:

By slashing these grants, the Trump administration has launched an all-out attack on Arizona’s public health system—harming the entire state, but hitting rural communities the hardest. These cuts target the very places that rely most on this critical funding

This is risible on its face. There is no attack, all-out or limited, on Arizona. The State’s governing personnel know full well that the pandemic has been expired for some years, and from that, they knew just as well that the Federal funding for that purpose would come to an end. Arizona, et al., have had plenty of time to (re)allocate State funds to those ends, to the extent each State thought those ends still necessary.

The States chose otherwise, and now they’re demanding their never-ending stream of Federal dollars to continue.

We want our Maypo®, indeed.

So Long, and No Thanks for the Memories

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Law school students and new recruits think they should run the major—or even minor—law firms at which they sought work.

In the days since Paul Weiss, Skadden Arps and other elite firms cut deals with the president to fend off punitive orders, their actions have set off protests and recruiting boycotts among the next wave of top young legal talent. Georgetown Law students canceled a recruiting event this week with Skadden Arps. A group of students and lawyers is circulating a missive on social media and over email, urging students at top schools to refrain from applying to the firms.
Several Columbia law students who signed on to start at the firms this summer are asking whether they can pull out of those commitments, one recruiter said. Junior lawyers at some firms, meanwhile, are rejecting their bosses’ requests to interview summer associates.

I wouldn’t call these Precious Ones “top young legal talent.” They’re too self-absorbed, too ate up with their own importance. The law firms are better off without these folks on their payroll.

So: bye, bye. Good luck to you in your sole proprietor law firms, and in your new small partnerships.