Tag Archives: ethics

Education and Needs

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A couple of Letter writers in The Wall Street Journal‘s Sunday Letters section expressed concern for a high school student who was suspended for violating his school’s hair length rule.

The state shouldn’t prohibit haircuts of one type or another and suspend students from school for violating the policy unless it can really show this is needed.

And

Schools need to focus on teaching kids and not worrying about [clothing and grooming standards].

Among the needs and teaching focuses in high schools, and in lower schools, is personal discipline. Clothing and hair grooming rules are badly needed milieus for teaching that badly needed skill.

There’s plenty of time for students to dress as they wish and to grow and groom their hair as they wish after they’ve graduated and are looking for work.

Empty Promises

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The Left and their Progressive-Democratic Party politicians have been promising “good paying” jobs in green energy as they try to push our nation off hydrocarbon-based energy onto their “green” energy sources. Here’s an example, in Moapa, NV, of how well kept those promises are.

A coal power plant that once employed as many as 300 people closed near this small town about an hour outside of Las Vegas in 2017. Nevada’s public utility has since transformed the site into a home for batteries that store energy captured by nearby solar panels. The $257 million project received roughly $100 million in federal tax credits because of President Biden’s Inflation Reduction Act.
… Construction of the site and installation of the batteries required roughly 200 workers over a year. Maintaining and operating the batteries will require about five.

Never fear, tough.

NV Energy [that Nevada public utility] executives said the federal money will enable the utility to make new investments while keeping energy costs low for consumers across the state. “We can pass that benefit directly onto our customers in a time-efficient way,” NV Energy Chief Executive Doug Cannon said.

Right. And I might know of some beachfront property north of Santa Fe that these folks might be interested in.

Not only is Party doing its best to push us onto expensive, unreliable energy sources, it’s also reducing the number of jobs available in our energy production industry, and farther as the ripples from the sort of failure here spreads.

This is why we’ll never have nice things as long as the Progressive-Democratic Party reigns.

When is Reducing Employee Hours not a Layoff?

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When it’s being done to reallocate city funds to support illegal aliens. That’s Denver’s Newspeak Dictionary version of what the city managers are choosing to do to the city’s Parks and Recreations system “on call” employees, folks like lifeguards, front desk workers, and coaches. The parks and recs’ $4.3 million budget is better used taking care of those illegal aliens.

Oh, and never mind what those layoffs, to use an American English dictionary definition of Denver’s action, will do to the city’s residents, especially the children, who will no longer have any place to swim or to play the sports that used to be coached.

One more thing: in view of the city managers’ demonstrated priorities—show of hands—who believes this won’t be extended to the whole of Denver’s parks and recs employees when the flow of illegal aliens continues unabated?

The city has offered this sop to those employees who are out of a job, even though they’re not “laid off:” they can apply for unemployment insurance. See ya, Suckers.

A Necessary Cancelation

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The Supreme Court barred race discrimination in college and university application acceptance processes in its June 2023 ruling in Students for Fair Admissions, Inc v President and Fellows of Harvard College. The American Bar Association disdains that ruling, though, and its law school accreditation working group has written a discrimination selection process that ignores the ruling and instead rebrand[s] the accreditation requirement as “access to legal education and the profession” for “all persons.”

Fourteen types of persons are named specifically. Law schools “shall” take “concrete actions” to show their commitment to access for those whose “identity characteristics … have led to disadvantages in or exclusion from the legal profession,” under the revised language.
It adds 11 new identities to gender, race and ethnicity, the underrepresented groups from the old version: color, religion, national origin, gender identity, gender expression, sexual orientation, age, disability, military status, Native American tribal citizenship and socioeconomic background.
Similar changes were made to the section on faculty and staff

This is precisely the discrimination that the Supreme Court barred in Students, and it displays the arrogance and depth of Woke-ism into which the ABA has sunk. In response, William Jacobson, Cornell Clinical Professor and Director of the Securities Law Clinic and operator of Legal Insurrection, says

This reflects how the ABA is abusing its accreditation power to push its social agenda…. [Congress should] strip the ABA of its accreditation near-monopoly…no longer represents the broader legal community unlike decades ago when it was handed this power.

Jacobson is absolutely right. Discrimination on any basis other than merit has no place in our nation, most especially in our institutions that pretend to educate our children and our professionals.

Another Reason to Rescind Chevron Defense

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As The Wall Street Journal‘s editors put it in their editorial last Tuesday, nothing is stopping the

Securities and Exchange Commission and prosecutors from finding [regulatory] meaning in statutory penumbras.

Now the SEC is manufacturing a rule based on nothing but the æther in SEC Chairman Gary Gensler’s mind. Gensler has hailed into court a pharmaceutical company employee for the “insider trading” crime of trading in options on the stock shares of another pharmaceutical company, a company about which the man had no insider information at all. Not a whit.

Gensler, however, in plumbing the depths of his shadowy æther, has claimed to have found something in a penumbra of Federal law and Court decisions regarding insider trading. The man he’s charging knew from an employee-broadcast email from his company’s CEO that his company might be about to be acquired by another company—not the company in which our man did his trading.

Poof—Gensler has waved his hands and conjured an insider trading beef centered on no insider trading information at all. As the WSJ noted,

Federal law doesn’t explicitly ban trading on confidential information. But courts have said that insiders defraud companies by “misappropriating” private information for personal gain.

It’s in the phantasmal penumbra of “private information” that Gensler has conjured his offense: private information in one company (not even that private, it was a company-wide email that revealed the potential for an acquisition of the employee’s company) casts a shadow over other, Gensler-unspecified, companies, and so brings those other companies into the reach of one company’s allegedly private information.

And this, regarding those chimeric penumbras[1] of which too many of our courts still claim to see:

If something is in a penumbral region, it is not in the text.  If it is not in the text, it does not exist ….  If it does not exist, a judge cannot rule on it.  If in the end, all a judge can do after carefully reading the text is go more than a toe’s dip into its shadows for meaning, then he must not go in: he must rule a lack of governing statute or strike the statute for vagueness, and in either event return the matter to the political branches.

And this, from Justices Antonin Scalia and Clarence Thomas, in denying a 2014 cert petition in Whitman v US [emphasis in the original]:

Only the legislature may define crimes and fix punishments. Congress cannot, through ambiguity, effectively leave that function to the courts—much less to the administrative bureaucracy[.]

Now the Supreme Court must overrule the SEC outright, which would be much easier to do were it to also—or already have by the time this case reaches it—rescinded the Chevron Defense foolishness which subordinates, by Constitutional design, the coequal Judiciary not just to the Executive, but to Executive subordinate branches led by political appointees and peopled by unknown and faceless bureaucrats.

[1] Hines, Eric, A Conservative’s View of the American Concept of Law