Re: Martin d. PGA [a quote from the ADA]

Perhaps Justice Scalia got it wrong in his
dissent, where he predicts that the court's decision

sets up a test that must be applied in individual
cases, even in non-professional settings:

 "One
can envision the parents of a Little League player
with attention deficit disorder trying
 to convince
a judge that their son's disability makes it at
least 25 percent more difficult to hit a
 pitched
ball. (If they are successful, the only thing that
could prevent a court order giving the
 kid four
strikes would be a judicial determination that, in
baseball, three strikes are
 metaphysically necessary,
which is quite absurd.)"

<a href=http://a257.g.akamaitech.net/7/257/2422/29may20011200/www.supremecourtus.gov/opi target=new>http://a257.g.akamaitech.net/7/257/2422/29may20011200/www.supremecourtus.gov/opi</a>
 nions/00pdf/00-24.pdf , page 13 of the
dissent.

 I hope that he is indeed just being sarcastic and
alarmist.

 Tom 

- I'm not so sure it's "sarcastic and
alarmist" as it is oddly familiar. in regards to the idea
of any baseball player receiving 4 instead of 3
strikes, this is a situation my philosophy professor has
used several times in relation to Kant to illustrate
points about the morality of keeping a promise as it is
made. His example was that the timing was illogical if
a player at bat began arguing with the umpire that
he should have 4 strikes instead of 3, it would
improve the entire game; there was already in existance
an implicit promise to agree to play by the 3 strike
rule. 

Now, I realize the above example has
little to do with ADA or ADD, but aside from a fondness
for sports metaphors, this professor enjoys dropping
names. He used to play tennis with Scalia until the
justice moved to Washington, and has quoted the man on
topics ranging from flag burning to the idea of
city-regulated taxis. I would not be suprised if the two had
once discussed this 3/4 strikes situation. Although,
for all I know, the strike metaphor is one commonly
used by philosophers.

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