Douglas Whaley. Law professor, gay rights advocate, atheist, heart transplant recipient, actor, director, novelist, playwright, bridge player, husband, father, cat owner, storyteller. Much humor and, since the writer is a teacher, advice on many topics.
Joe Biden, Plagiarism, and Why He Shouldn’t Run For President
Today the President announced that Joe Biden has his “blessing”
if he decides to run. I’m a steady (but
not exclusive) Democratic voter, but I could never support Joe Biden for
president.Joe has many good qualities,
and I suspect if I knew him I’d think he was a hell of a nice guy, but his past
makes it clear that (1) he has a big mouth that he can’t control, (2) he says
things he regrets almost immediately, and (3) he’s a compulsive liar.Those are not good characteristics for a
President of the United States.
Biden has often embarrassed President Obama by blurting out
things without clearance that put the President in awkward situations, but he’s
been forgiven over and over (“That’s just Joe!”).One of these (that much benefited the gay
community) was Biden’s support for gay marriage months before Obama was ready
to give such an endorsement, forcing the President’s hand and making him act
earlier than planned, embarrassing the president by making the White House play
catch-up to Biden’s lead.But Biden
follows his heart and not his brain.That can be charming, but in matters of diplomacy it’s a door to
What amazes me about his possible run for the Presidency is
that he’s considering it at all given his history of lying, which is part of
the public record for all to see (Google up “Joe Biden plagiarism” and stand
back).These lies caught up with him in
the 1988 Presidential race when they came to light and then he made things
worse by making more untrue statements, forcing him to drop out early.Even more troubling: these lies concerned things
that were easily checked and shown to be wrong. For example he claimed to have graduated in
the top half of his class at Syracuse University Law School.In fact in a class of 85 he was 76th.
When responding to a heckling voter on
the campaign trail, Biden bragged, "I think I probably have a much higher
IQ than you do, I suspect—I went to law school on a full academic
scholarship."He did not.Nor, as he told the same voter, did he earn
three degrees as an undergraduate; he earned one (with mediocre grades).
Then there was this statement from 1983 when speaking to New Jersey
When I was 17, I participated in sit-ins to
desegregate restaurants and movie houses. And my stomach turned upon hearing
the voices of Faubus and Wallace. My soul raged on seeing Bull Connor and his
When pressed about his civil rights record
in 1988 he confessed that this was simply wrong:
I worked at an all-black swimming pool in the east
side of Wilmington, Del. I was involved in what they were thinking, what they
were feeling. But I was not out marching . . . I was not down in Selma. I was
not anywhere else. I was a suburbanite kid who got a dose of exposure to what
was happening to black Americans.
But it’s Joe Biden’s repeated plagiarisms that demonstrate his moral
deficiencies and disqualify him from the office of the President of the United
Syracuse University Law School
The first, and most serious, occurred in law school.The Legal Methods course at Syracuse required
him to write a paper and the one Biden submitted was fifteen pages long.Five of those pages were lifted, word for
word, from a law review article that had been published previously (to which he
cited once without indicating he was quoting anything from it).When this blatant theft was revealed Biden
was given an “F” in the course.On Nov.
30, 1965 he wrote a letter to the faculty begging not to be thrown out of
school, stating that he had misunderstood the rules when he wrote the paper and
this was “stupid” but not “malevolent.”Joe is good at talking, and is charming as all get out, and eventually
he was allowed to repeat the course and graduate.
You’d think that this ugly incident would make him very wary
of avoiding plagiarism thereafter, but, sadly, no.He did it again and again during his 1988 campaign when he lifted key
sentences and/or whole paragraphs, without attribution, from the speeches of
others, including those of both John F. Kennedy and his brother Robert, as well
as a terrific quote from a speech by Hubert Humphrey.These high sounding words made him seem
eloquent, but were immediately identified as plagiarized, at which point he
said that the failure to explain he was quoting was a mistake.[For a YouTube video on point see www.youtube.com/watch?v=QIaALKHVrAA]
The most blatant lifting was from a campaign commercial
British politician Neal Kinnock had used, and it must have impressed Joe
mightily because he took whole segments of it and used them as his own words.Kinnock said:
Why am I the first Kinnock in a thousand generations to be able to get
to university? [Points to his wife.] Why is
Glenys the first woman in her family in a thousand generations to be able to
get to university? Was it because all our predecessors were thick? Of course not. It was because there was no platform upon which they could stand.
I started thinking as I was coming over here, why is it that Joe Biden
is the first in his family ever to go to a university? Why is it that my wife who is sitting out there in the
audience is the first in her family to ever go to college? Is it because our
fathers and mothers were not bright? Is it because I'm the first Biden in a
thousand generations to get a college and a graduate degree that I was smarter
than the rest? It's because they didn't have a platform on which to stand.
Alas, the facts don’t match up.Joe’s wife’s family had a number of college
graduates.Kinnock also spoke lovingly of his hardworking coal miner grandfather, so
Joe invented a mythical coal miner grandfather of his own who “would
come up [from the mines] after 12 hours and play football.” [For a
YouTube video about this see https://www.youtube.com/watch?v=0Rkoqglq9dU]
When all these lies were revealed, Joe Biden sadly withdrew
from the race on September 23, 1987, more than a year before the election was
held, saying that the press had cast an “exaggerated shadow” over his mistakes.
Now we are almost at the same point in the 2016 race and
once again Joe Biden is considering jumping in.But does he think his history will go away, or that no one will care, or
that he can come up with some new explanation why all of this is unimportant
when considering his qualifications for the office?
Given all the above I was astounded and worried when Obama first
chose Joe Biden for his Vice President, putting this man one heartbeat away
from the big office.Joe’s still in that
position and will be there for 17 more months.That’s scary enough, but at least it’s not 17 months and four years of running the most
influential country in the world.
. Since I graduated from law school in 1968 I've always had some sort of legal practice which varied from extensive in the early years, to these days when I'm retired and mostly just doing consulting work for a hefty fee. In this period I've written a lot of letters threatening legal action on behalf of my client (or, on the rare occasion, myself—see Related Posts below). In the classroom I've passed on my advice on how to create an effective letter, and now I offer it to you, blog reader. A letter threatening legal action almost always discombobulates a recipient who is not him/herself routinely involved in legal actions. I tell my law students that in their coming practices they will often receive such letters (or nowadays even emails), and they will calmly evaluate what to do about them depending on the legal issues involved and the wisdom of litigating them. But the non-legal recipient of such a letter i
. For the last few years I have been crossing the country giving lectures on what I now call the "Golden Rule of Mortgage Foreclosures," which is that such foreclosures cannot proceed without production of the original promissory note signed at the closing. A symposium at Western State University Law School last year at which I gave the keynote address turned into a law review article on point, and that law review article is reprinted below in full. The correct citation for the printed version is 39 W. St. U. L. Rev. 313 (2012). As subsequent developments occur I will add them in red to the original article below. Any corrections or suggestions may be sent to me at email@example.com . ------------------------------------- Mortgage Foreclosures, Promissory Notes, and the Uniform Commercial Code By Douglas J. Whaley * Introduction As is true of many things in life the Uniform Comme
Having a dispute with a creditor? One way to win it (and fast) is to send that creditor a "payment in full" check [hereafter "PIFC"] and end it things in your favor. How does this bit of legal magic work? Read on. It's always been the law that if you and I have an existing contract, either one of us can propose a modification to that contract, and if we both agree, the contract changes accordingly. There are technical names for this. Say, for instance, that I owe you an undisputed amount of $500. I send you an email and ask if you would take my horse Dobbins is settlement of the debt, and you reply in the affirmative. My offer of something different than what was originally owed (the horse for the money) is called the offer of an "accord." Your agreement to take Dobbins is the "satisfaction." Thus an "accord and satisfaction" in our law is nothing more than a fancy name for a modification agreement. I no longer owe you $500; I