Tag Archives: corruption

The O’Bannon Case: A Judge Explains How The Law Requires An Unethical and Corrupt Practice To Be Fair….But It’s Still Unethical and Corrupt

NCAA-ban

Now that a federal judge has declared the elite student-athletes at big time sports colleges to be what they are…paid mercenaries…and the sports programs at such institutions to be what we always knew they were…cynical sideshows that sacrificed education to greed…will the pubic, the media, educators, and universities now stop this slow-moving ethics train wreck?

Of course not.  If they cared about how high-profile college sports were warping both America’s education and its values, they would have addressed the problem decades ago. They would have stopped it before, for example, schools started paying football and basketball coaches more than any professor. They would have stopped it before prestigious schools gave degrees to graduates whose entire education was a sham, who took ridiculously easy courses and who were held to infantile academic standards, all so rich, fat alumni would continue writing checks. They would have stopped it before a revered football coach held such power in a university that he was able to persuade the school’s leadership to allow a child sexual predator operate on campus.

U.S. District Judge Claudia Wilken, in a 99-page ruling agreeing with the claim of a group of plaintiffs fronted by former UCLA basketball player Ed O’Bannon, issued an injunction against the NCAA from “enforcing any rules or bylaws that would prohibit its member schools and conferences from offering their FBS football or Division I basketball recruits a limited share of the revenues generated from the use of their names, images, and likenesses in addition to a full grant-in-aid.”

The ruling will be appealed, and some of its legal conclusions certainly seem debatable. That is not my concern. The opinion effectively kills the fiction that the semi-literate youths who perform on-the-field heroics to burnish the images of universities and attract huge broadcast fees are what the NCAA, alumni, students , the schools and the media pretend that they are. Now that we know they are not truly students, what persuasive ethical justifications can be given for them to play college sports at all?

My answer?

None. Continue reading

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Filed under Business & Commercial, Education, Law & Law Enforcement, Popular Culture, Sports, U.S. Society

Marion Barry and The Julie Principle

Poor Julie. Luckily for her, she didn't exist. Washington, D.C. does.

Poor Julie. Luckily for her, she didn’t exist. Washington, D.C. does.

The Washington Post just discovered that D.C. Councilman Marion Barry is unethical, and boy, is it steamed!

Well, that’s not quite fair. The Post editors authored an editorial about Barry’s latest example of his complete rejection of ethical principles other than his guiding star, which is “If it’s good for Marion Barry, it’s good for everyone else.” Barry recently published a self-congratulatory, delusional autobiography (I nearly wrote about it, but I was afraid doing so would make me nauseous), “Mayor for Life,” and right in the acknowledgments, he announces that one of his council aides, LaToya Foster, spent “nights, weekends, and many long hours of assistance” working on book at taxpayer expense.  Using D.C. government employees as his personal staff was standard operating procedure for Barry during his various pre- and post-crack terms as mayor, so there is little chance that he played it straight this time. No chance, really. A Washington City Paper investigation of calendar entries and emails showed that Foster’s work on Barry’s book “stretched far beyond her off-hours and into the D.C. Council workday, an arrangement that appears to violate D.C. Council ethics rules.”

The Post should stop editorializing about Barry’s ethics and instead focus attention where it might do some good: the D.C. voters and citizens he has thoroughly exploited and corrupted. Barry is a prime example of what I have dubbed The Julie Principle, evoking the famous lyrics of Julie’s lament in “Show Boat,” “Fish gotta swim, birds gotta fly…”   If Oscar Hammerstein was writing those lyrics today about Barry, the song, sung by voters of D.C.’s Ward 8, would go,

Fish gotta swim, birds gotta fly”

Marion Barry will cheat, steal and lie..

Can’t help loving that man of mine. Continue reading

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Filed under Arts & Entertainment, Character, Government & Politics, Journalism & Media, Law & Law Enforcement, Leadership

Jonathan Gruber, Bad Law Ethics, The Corruption Of Democracy, And The Affordable Care Act

"Oh what a tangled web we weave..." You know the rest of Sir Walter Scott's famous quote. So why doesn't the Obama Administration?

“Oh what a tangled web we weave…” You know the rest of Sir Walter Scott’s famous quote. So why doesn’t the Obama Administration?

There are important democratic lesson to be learned from the ongoing Obamacare Ethics Train Wreck, and we could discuss them objectively if the beleaguered supporters (enablers? excusers? rationalizers? propagandists?) of the law would just start accepting facts rather than resorting to dishonesty in all of its forms. The law is a mess. The law is a mess because its proponents in Congress passed it without reading it, because the public was deceived and misled in order to pass it, and because Congressional leaders and the President, in addition to not reading  major legislation that have massive consequences to the nation’s population, businesses, and budget, pushed it through without the usual two House scrutiny and amendment process.

Fixing the mess, or trying to fix it, has caused as many problems as the misbegotten law itself. (Please note that I am not discussing the intentions of the law, or what good things it might accomplish for Americans show needed help getting health insurance. That is beside the point. Good intentions don’t make a good law, or a bad law good. Look at the chaos at the border generated by the 2008 anti-human trafficking law, when it was mixed with irresponsible Democratic rhetoric and administration policies suggesting that illegal immigration restrictions were a thing of the past where children were concerned. Yes: many Americans have benefited from the Affordable Care Act. That fact alone, stated without reference to all the chaos, uncertainty, corruption, division and misrepresentations that accompany it, does not mean the law has been a success.)

The law depended on a penalty for not buying health insurance, a penalty that Democrats insisted was not a tax (so the President didn’t have to defend a large tax increase.) But a penalty for not doing what citizens should be free to do was unconstitutional, so Chief Justice John Roberts, in the spirit of avoiding government by judge, allowed the ACA to slip by in a 5-4 decision by declaring that the mandate was a tax, regardless of what it had been called to get it passed, and thus was constitutional after all.

Then the President began delaying deadlines and waiving provisions in the law that weren’t ready to go into effect or that were obviously going to cause more embarrassments. This was an abuse of power: Presidents can’t change laws by fiat. It established a dangerous precedent that undermines Constitutional democracy and the Separation of Powers. But it’s a bad law, and an unpopular law; the Republican House obviously won’t agree to the fixes needed without also doing a major overhaul, and this is, in the ironic words we keep hearing, most recently by the New York Times, Present Obama’s “most significant legislative achievement“—how sad is that?—and must be preserved at all costs.

At all costs. So far the costs of the ACA have been complete partisan polarization, the public’s realization that the President who pledged “transparency” will lie repeatedly to get his way, judicial rescue or dubious validity, and the defiance of the lawmaking procedures delineated by the Constitution. And the ethics train wreck goes on.

In Halbig v. Burwell, the US Court of Appeals for the DC Circuit ruled that those who purchase health insurance under the Affordable Care Act are only eligible for federal tax credits if they do so through an exchange established by a state.  (Another court ruled otherwise.) The court did this because this is what the miserably drafted, rushed, never-read by its own champions actually says, stating that tax credits are only available to those who purchase insurance in an “[e]xchange established by the State.” Obama-propping pundits, Democratic officials and the Administration’s spokespersons have attacked and indeed ridiculed the decision, saying that he court should have refused to enforce the actual wording of the law because it creates an absurd result. After all, the ACA’s stated goal is to expanding access to health insurance. Why would Congress try to limit it in this fashion—I mean, other than the fact that they had no idea what the law they were voting for actually had in it, just a general idea about what it was supposed to do? Continue reading

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Filed under Ethics Train Wrecks, Government & Politics, Health and Medicine, Incompetent Elected Officials, Journalism & Media, Law & Law Enforcement

Musings On The Clarence Thomas Affair and Insideous, Unavoidable, Rationalization Eleven

If you are good enough and valuable enough, do you deserve one of these?

If you are good enough and valuable enough, do you deserve one of these?

A recent—and off-topic—comment caused me to begin thinking about “The King’s Pass,” #11 on the Ethics Alarms Rationalization hit parade,and perhaps the most perplexing of them all. The commenter referenced the 2010 discovery that Supreme Court Justice Clarence Thomas had inexplicably neglected to mention his activist wife’s annual income on his annual financial disclosure filings, meaning that he had filed a false affidavit and violated the law. Thomas claimed that he had made a careless mistake—for five years—and the matter was allowed to drop except for the angry agitating of the Anti-Clarence Thomas Furies, who are constantly searching for any way to get a conservative black justice off the Supreme Court short of assassination.

The episode had left a bad taste in my mouth, and I was happy to be reminded of it, bad mouth tastes being essential to triggering ethics alarms. I went back to read my post on the matter, and sure enough, I had followed the principle of rejecting The King’s Pass, and asserted that Thomas should be punished appropriately and formally…but that really ducked the question. Lawyers have lost their licenses to practice for single episodes of swearing to false information when it was far more obvious that a mistake had been made than in Thomas’s case, as when a hapless Maryland lawyer carelessly signed a legal document that had misrecorded  his address. The logic of this no-tolerance ruling was that a lawyer, above all people, should never swear to a falsehood, and that doing so, even once, was a serious breach of duty calling into question his fitness to practice law. I think the penalty for this particular act was excessive—it is cited locally as a cautionary tale—but I agree with its underlying principle, which should apply with even more vigor when the lawyer in question is a judge, and not merely a judge, but a Supreme Court Justice.
Continue reading

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Filed under Business & Commercial, Character, Government & Politics, Law & Law Enforcement, Leadership, U.S. Society

Dear Discovery Channel: Fire Paul Lewis, Or You Will Regret It. Trust Me On This.

The Discovery Channel’s president, Paul Lewis, approved a promotional campaign for the rapidly rotting cable channel’s “Shark Week” that included a fake video, shown above,  intended to “go viral” and convince people that there are sharks in Lake Ontario. After the video prompted the Ontario Minister of Natural Resources  to warn swimmers and anxiety over the shark sighting was expressed in social media, the channel’s ad agency admitted that it was hoax. Some people still don’t believe it’s a hoax, however, because they’ve seen “Jaws.” After all, claiming a real sighting is a hoax to save the tourist season is just the sort of thing Amity Mayor Larry Vaughn would do, right?

Or that equally slimy Paul Lewis would do. Here is his despicable, ethics-free “apology”:

“We didn’t want it to be something that would negatively impact people’s summer…It’s unfortunate that some people took what we did so serious. If we upset anybody, of course I apologize for that. It would be totally counterproductive for us to go out there and upset and disturb our audience.”

First of all, how does someone become president of a communications company who uses “serious” like that? Continue reading

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Filed under U.S. Society

Judges At Work

Supreme Court protests

In the threads here stemming from Judge Kopf’s impolite and unprofessional verbiage directed at the Supreme Court, some members of the Nebraska federal jurist’s fan club have sought to justify his incivility by asserting that the judicial system itself is “broken,” and that, more specifically, judges ought to just concern themselves with judicial errors of their lower court colleagues and eschew political controversies, such as, I must presume based on the context of the judge’s compliant, when the other branches of the government break laws and violate constitutional principles.

To say that I’m cynical about this argument understates the case.What it means, I believe, is that members of one partisan orientation believe that the system is broken as long as judges who do not share their progressive biases are in a position to rule on various controversies where judicial intervention is necessary and appropriate, but will no longer be considered “broken” once progressive-minded jurists are in a position to do the intervening, whereupon the critics like Judge Kopf will drop their objections.

The fact that the system is not “broken” and that judges are doing their jobs when called upon to protect the public from abuse of power was illustrated by two events this week: Continue reading

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Filed under Ethics Train Wrecks, Government & Politics, Law & Law Enforcement, U.S. Society

Ethics Quote Of The Week: Kiefer Sutherland

“I’ve been mystified by this. You have to understand that we’re not writing foreign policy. This is a dramatic television show, and Jack threatening to blow someone’s knees off because he wants information is a dramatic device to show how urgent or desperate a situation is. It should not be taken as this is what we think the CIA should be doing.”

—–“24” star, as “Jack Bauer,” Kiefer Sutherland, expressing his bewilderment at criticism of his show for depicting a hero who resorts to torture repeatedly, in an interview with United’s in-flight magazine, “Hemispheres.”

jack_bauer_tortureWe shouldn’t criticize actors for not being rocket scientists, or even ethicists. Nonetheless, this comment shows a remarkable ignorance of how a society passes on values and virtues, and the role played by literature, legends and pop culture.

Sutherland is the hero of his show, one of the good guys. What our society depicts the good guys as doing, the values they hold, the virtues they display, the goals they seek and the methods they use to achieve them, both reflects the values of our culture and sends the message that these are the kinds of conduct that the culture wants to encourage. Celebrating as heroes individuals who routinely kill when they are not protecting themselves or the innocent, engage in cruelty, theft, or the abuse of others, or unapologetic law-breaking encourages our younger generations to regard such anti-social conduct as defensible, or even the norm. Continue reading

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Filed under Arts & Entertainment, Character, Childhood and children, Citizenship, Ethics Quotes, Journalism & Media, Literature, Popular Culture, U.S. Society