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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