Will the Heather Mercer Case Help or Harm Women?

When Heather Mercer won a $2 million judgment from Duke University, it was hailed as an important victory for women’s athletics. Instead it will likely shut the door for women who want to follow in Mercer’s footsteps.

Mercer wanted to be a kicker for Duke’s football team. She was given a tryout by the coach, but since her range was about 35-yards in practice, while a Division I school needs someone who can kick 45-yard field goals during a game, her coach cut her.

Mercer sued and a jury agreed that she had been discriminated against based on her sex. So why isn’t this a clear victory for women?

Because of the provisions of Title IX as they apply to sports. Under Title IX, if a school doesn’t have a women’s team in a given sport it must allow women to try out for the men’s team, with one important exception — contact sports are exempt from this rule.

That’s right, the current law is that if you allow a woman to try out to be a kicker on the football team and then cut her, she could potentially sue the university for sex discrimination as Mercer did. If you just tell the woman point blank, sorry football is a contact sport and the university doesn’t allow women to try out for such teams, the student has no recourse whatsoever.

The federal appeals court that allowed Mercer’s case to go to trial explicitly upheld the contact sports exemption writing, “we hold that where a university has allowed a member of the opposite sex to try out for a single-sex team in a contact sport, the university is, contrary to the holding of the district court, subject to Title IX and therefore prohibited from discriminating against that individual on the basis of his or her sex.”

The obvious reaction from universities seeing what happened in the Duke case will be to institute policies, either written or informal, to refuse try outs to women who want to participate on a men’s contact sport team.

In the end, Mercer’s legal victory will end up diminishing rather than enhancing women’s sports opportunities.

Source:

Sidelined! Kimberly Schuld, The Women’s Quraterly, Winter 2001.

Mercer v. Duke University. United States Court Of Appeals For The Fourth Circuit, No. 99-1014, Decided: July 12, 1999.

Good Riddance, Albert Belle

The baseball world is finally rid of Albert Belle, who was a poster child for spoiled, self-indulgent athletes. But what made Belle probably the worst behaved professional athleted of the 1990s was that on top of spoiled and self-indulgent, Belle was just plain mean. How mean?

Who can forget the 1995 World Series in which Belle directed a string of obscenities at NBC reporter Hannah Storm. Storm was waiting in the dugout for a prearranged interview with Kenny Lofton, but that didn’t stop Belle from taking offense and trying to throw Storm out. Later he actually tried to excuses his behavior by saying he thought Storm was Leslie Visser.

How mean? In 1996, Belle was leading in home runs when he belted his 21st out of the park. Belle requested a meeting with the fan who caught the home run. It’s customary in that situation for the fan to give the home run ball back in exchange for an autographed ball. Belle proceeded to cuss out the fan and told him he wouldn’t be getting sh– for the home run ball (and the fan left the park with the ball).

The same year he threw two baseballs at a Sports Illustrated photographer (he once beaned a fan with a baseball during a game after the fan taunted Belle about his much-publicized bouts with alcoholism). In another infamous incident, after a couple kids threw eggs at his condominium because Belle refused to hand out candy. Belle got in his car and came darn close to running down one of the kids. He was charged with willful disregard of safety and fined $100.

And of course any number of teams would gladly pay his ridiculously high salary at the drop of a hat if it weren’t for his arthritic hip. Lets be honest — if by some miracle Rae Carruth were released from jail this spring, there would be several teams lining up to pay him good money.

Building Complex Outlines In Conversant

Recently the Conversant folks added a weboutline macro to the mix of features.

Maintaining a hierarchical site map by hand doesn’t sound like that daunting of a prospect, but once you pass a certain threshold it gets to be a nightmare. I ran into this problem at my Overpopulation.Com site where I ended up with several hundred pages in a FAQ-like arrangement that was a real pain to manage (which meant I simply didn’t).

With a few macros, however, I can produce a pretty decent looking site outline. I’m still not completely satisfied with the site outline — it presents too much information — but it’s a start.

There are several advantages to the approach that Conversant uses to achieve this outline. First, it is done at the macro level so it is possible to mix the web outline with other text and even other macros. In fact each of the major headings in my Overpopulation.Com outline is a separate macro.

Second, the macro accepts templates so I can control the output in any number of ways, and again I can mix and match to get exactly the page I want.

Third, the macro smartly caches the results of the web outline. This is crucial when you start talking about hundreds of pages. The weboutline macro has a “cache” variable which can be set to “false” (i.e. it will dynamically generate the outline every time) and can also be set to a numeric value such as “72” which is effectively the number of hours that the system will wait before updating the outline and in the meantime it serves up a cached version of the outline.

This works very well for a site like Overpopulation.Com where the structure is unlikely to change significantly on a daily basis.

Why I Won’t Donate My Organs

Last Christmas I was at a relative’s house watching the news when a brief segment came on about organ donation. The ongoing problem, of course, is that there are far more people in need of organs than there are organ donors. The purpose of the news report was to encourage people to donate their organs, to which the relative I was watching television with rhetorically asked, “Who wouldn’t donate their organs?”

Well, I wouldn’t for one.

Why not? Because of nonsensical views put forth by bioethicists which Jeffrey Kahn summarized nicely in a recent article for CNN’s web site. Kahn gets off on the wrong foot immediately in my view, writing,

Whenever we face shortages of particular types of medical care we need to decide how best to allocate those scarce resources. Nowhere is this more acute than in our decisions about who should receive organs for transplant, particular for life-saving transplants.

Just who is this mythical “we” that has to make these sorts of decisions? In the United States it is essentially the government. Congress gave the United Network for Organ Sharing a monopoly on organs donated for transplant and UNOS sets policies for how organs are distributed. Unfortunately UNOS has a history of regularly changing its criteria and bowing to political pressure to modify its criteria to benefit one group or another.

For example, the obvious criteria for a government-sponsored organ distribution system would be to create an index of medical viability so that organs went to individuals based on criteria of how much benefit (i.e. prolonged life) a given individual is likely to receive from a transplanted organ. Unfortunately there are severe political problems with that — specifically, any such formula will, for a variety of medical reasons, drastically limit the number of organs received by African Americans. The UNOS response, under intense political pressure from some who viewed the system’s pattern of organ distribution as racist, was simply to apply a little affirmative action and begin to arbitrarily increase the odds of a black patient receiving a transplant.

The survivability criteria also, for a number of reason, tends to favor adults over children, and UNOS under pressure agreed to arbitrarily alter its ratings to try to get more organs to children.

Now I’m not arguing that trying to increase organ transplants to blacks or children is bad. What I am arguing is that once the process becomes politicized in this manner, there is no end to it.

For example, Kahn notes that there are currently behavioral restrictions on recipients, which he seem to approve of. For example, some transplant programs require people who are potential liver transplants to be alcohol and drug-free. Ironically those programs typically require receivers of liver transplants to be free of methadone — a drug used to kick the heroin habit — which studies suggest actually increases the likelihood that liver transplant recipients will go back to drugs once they receive the liver (i.e. since they can’t receive methadone, they kick the heroin habit just long enough to get the liver transplant, and then go right back to the drug).

But where are UNOS and others going to draw the line? Should a smoker be eligible for a heart transplant? How about someone who is likely to ignore his or doctor’s advice to maintain a low-fat diet after a heart transplant? Maybe we should ban gay men who insist on having multiple sexual partners from having transplants altogether because of their risk of “wasting” a transplant by contracting AIDS.

Kahn and other bioethicists maintain that if I receive an organ transplant — which I have to pay for out of my own pocket since insurance companies rarely cover such procedures — that I suddenly incur all sorts of obligations to some fictional “we” who made the transplant possible. I find this an absurd claim that is not applied elsewhere in medicine and sets a dangerous precedent.

After all, if society can impose behavioral restrictions as a condition of receiving a transplant, why not do so for other medical treatments? Since my life was probably saved by a society-wide system of vaccination and other forms of medical treatments, do I have an obligation then to refrain from any behavior that bioethicists and others consider risky and unhealthy? If not, why are transplants a special case? (Kahn’s argument that transplants are scarce resources doesn’t hold water since all medical treatment involves uses of scarce resources).

I find this government-mandated paternalism that is at the heart of organ transplant distribution to be obscene, and so have no intention of donating my organs. Don’t worry, though, in a few years I’ll probably have no choice. Taking their cue from the opt-out spammers, many bioethicists today are pushing for a standard whereby they will simply assume that you want your organs donated unless you explicitly make a request otherwise. Add to that the effort to change the definition of death to make it easier to harvest organs, and the entire transplant area is filled with opportunists who are regularly willing to bend ethical rules to serve what they think are greater ends.

Source:

Transplants and personal responsibility. Jeffrey P. Kahn, CNN, March 5, 2001.

Can Oil Companies Just Make Oil?

Somebody recently posted a message repeating a common refrain about natural resources, in this case oil. It doesn’t matter how much oil is actually out there since the total has to be finite. Oil companies don’t just make oil after all. Well, actually they can.

Most people dramatically underestimate the amount of existing oil as well as the number of nontraditional ways that oil can be extracted from the planet. Often what seems like a pipe dream today turns out to be an enormous source of oil tomorrow.

A good example of that is the Athabasca oil sands in Alberta, Canada. Discovered in the 18th century, essentially what you have is a huge area of sand saturated with oil. Of course oil mixed in with sand can hardly be refined very easily.

But, in fact, a method for separating the sand from the oil was developed as far back as the 1920s. The problem? With cheap oil prices, the process is just too expensive to bother with. Today, however, the price of the process has declined enough and the price of oil has risen enough to make separating the oil from the sand cost effective. The New York Times recently reported that with development currently under way the amount of oil extracted from the oil sands could top one million barrels a day by 2006 — more oil than comes from Alaska’s North slope. By 2010 the area could potentially produce more than two billion barrels a day.

And just how much oil is recoverable from the oil sands? The total reserves are estimated at 300 billion barrels.

Getting oil from the oil sands is hardly the only method of extracting large amounts of oil that is available but expensive. There are vast deposits of oil around the world that simply aren’t included in oil reserve estimates not because they can’t be extracted, but rather because extraction would cost too much given today’s oil prices (most estimates of oil reserves give proven or estimated oil reserves at specific price points for a barrel of oil).

But doesn’t that dodge the point that there are an ultimately finite number of barrels of oil that can be extracted. Sure, but only in the sense that the universe itself probably contains a finite number of atoms and energy and must run down at some point too.

Are you worried about the ultimate death of the universe? I’m not, for the same reason I’m not worried about ultimately running out of oil. Even assuming no technological improvements in extracting oil, the world has more than enough oil such that we will have abandoned fossil fuels for a variety of reasons long before we come close to exhausting the world’s supply of oil. There are simply too many viable alternative energy sources to fossil fuels — many of which are not exploited largely because oil remains so cheap (despite what some people seem to think, fossil fuels are still incredibly cheap sources of energy).

Eventually either technological advances will drive the price of these alternatives below the price of oil or gradual long-term rise in oil prices will spur more research and development of these alternatives. Either way, although there will still be plenty of oil left at the end of our century to power the world’s economy, it is very likely that by that point it won’t matter since we will be well on the way to obtaining energy from alternative sources.

Source:

Digging for Oil. James Brooke, The New York Times, January 23, 2001.