Month: October 2015

Move-On And The Progressive Fondness For Silencing Opponents Rather Than Rebutting Them

/ Jack Marshall / 14 Comments
And what's more democratic than preventing your opposition from speaking?

And what’s more democratic than preventing your opposition from speaking?

As if to prove my recent post about the totalitarian thrust of the recent Democratic candidates’ “debate,” aka socialist infomercial and the disturbing number of Democratic supporters who are falling into lockstep, here come Move-On.Org  and a Hispanic advocacy group to demand that NBC rescind an invitation to Republican presidential candidate Donald Trump to host the November episode of “Saturday Night Live.”

Of course they are. These are the same people who shouted down Republican or conservative speakers in college, or got their spineless  school administrator to ding any commencement speaker who would challenge the cant they absorbed from their leftist professors. Hillary Clinton was gleefully accepted by her corrupted Democratic supporters as a  SNL guest this month, but having both parties’ frontrunners get  TV exposure on the same prestige venue is what so many progressives hate and fear—an even playing field. Here’s part of the petition on Move-On: Continue reading →

The Gangolf Jobb Affair: When The Only Tool You Have Is A Hammer…You Can End Up Looking Pretty Silly

/ Jack Marshall / 13 Comments
"HA! Just what I need to stop illegal immigration!"

“HA! Just what I need to stop illegal immigration!”

Meet Gangolf Jobb, a German scientist, and the inventor of Treefinder.  Treefinder is often used in  scientific papers to build “phylogenetic trees,” which are  diagrams that showing the most likely evolutionary relationship of various species, from sequence data. He is angry at nations that, in his view, are endangering capitalism and the world by allowing too many migrants and immigrants to cross their boarders. So to punish such countries, including the U.S., he is  revoking the license to Treefinder of scientists in Germany, Austria, France, the Netherlands, Belgium, the United Kingdom, Sweden, and Denmark, and the United States.

There are many things wrong with this solution. Most of all, it is unjust. I think I might be able to come up with something less related to immigration and refugee policy than phylogenetic trees, but it would be a challenge. What is the point, not to mention the logic—and this guy is a scientist!—of punishing an elite group of scientists for what their native politicians are doing? The victims of Jobb’s indignation have no special power in this matter, don’t involve themselves in it, and don’t advance it by misuse of his software. This is warped accountability and responsibility; it is like kicking your dog because you are mad at the neighbors. Continue reading →

University of California at Berkeley Law’s “Critical Mass” Policy: Segregating Classes In Order To Integrate Them

/ Jack Marshall / 24 Comments
OK, that's enough of you in THIS section...

OK, that’s enough of you in THIS section…

This is an example of how diversity and affirmative action ideology brings devotees to madness.

In an effort to create a more positive experience for underrepresented-minority students,

The University of California Berkeley School of Law has instituted what it calls  a new “critical mass” policy. As in many law schools, first year students are divided into smaller sections, or “mods,” in which first-year law students take their classes. This year, the administration juggled the composition of the mods to have  more underrepresented-minority students in all but one, in order to create a “critical mass.” To reach critical mass in the other mods,  one mod had to be stripped all of black students. Berkeley Law Dean Sujit Choudhry sent an email to the law school community explaining that the policy is intended to create a more positive experience for underrepresented minorities by grouping them together to create that critical mass.

In setting political districts, this technique is called gerrymandering, and is widely considered racist. Removing all the black students from one section and placing them all in another, super-comfy, all-black section would be called apartheid. Yet this ultra-liberal university has convinced itself that manipulating class composition by race is a benign policy.

Wow.

What else have they convinced themselves of? Let’s see: Continue reading →

Ethics Musings II : The Dark Side Of The Democrats’ Debate

/ Jack Marshall / 14 Comments

outdoor-american-flag

The dark side of the Republican Party is well documented, I’d say, and much of it is on display among the I’ve lost count how many is it now? field of GOP candidates for the Presidency: an affection for theocracy, anti-intellectualism, ideological rigidity in defiance of reality, self-destructive contempt and lack of sympathy for the poor, hypocrisy, estrangement from the evolving culture, an absence of integrity and courage. In other stygian corners lurks outright racism and misogyny.

Based on the display in the Democratic Party’s presidential debate, however, the Democrats’ dark side is scarier by far, in part because it appears party wide. That party, with its roots in the philosophies of Jefferson, Jackson, FDR and Kennedy, is approaching a full embrace of the principles and methods of leftist totalitarianism. Worse yet, the news media appears to be in full alliance with this effort. Worse still, Democrats in the public don’t seem to care. The party called Democratic is increasingly rejecting the principles of democracy, and its public doesn’t care.

During the debate, we witnessed: Continue reading →

Ethics Musings I : The Dark Side Of Personal Injury Lawyers

/ Jack Marshall / 28 Comments

better-call-saul

I’ve been reflecting, since yesterday, on the bizarrely angry and intellectually dishonest protests registered here and on his own blog by trial lawyer Eric Turkewitz regarding the aunt who sued her 12-year-old nephew. His arguments, if you can call them that, consisted of constantly shifting the issue from ethics (what the aunt should have done) to law (what the aunt had a legal right to do), denying the core problem (Why would anyone assume that a child is harmed by dragging him into court, subjecting him to examination in front of strangers, and focusing on him as a wrongdoer and responsible for his aunt’s alleges misery, all mandated by the aunt who supposedly loves him?), and appealing to a dizzying list of rationalization and fallacies. He then made his exit by accusing me, a lawyer, of “knowing nothing about the law” (I made no assertions about the law at all—this is not a legal issue) making everyone stupid, and being a narcissist, a full-bore ad hominem attack ending in an ominous “May God have mercy on your soul!” Why would he act like that?

The reason, I realize, is that my posts challenge the basic belief system of the plaintiff’s bar, which I know very, very well having worked in an executive position and run such diverse programs as the research data base, conventions, sections, litigation groups and more over seven years with the Association of Trial Lawyers of America. Now ATLA is called “The American Association for Justice,” a name chosen purposefully to disguise the fact that it is a plaintiff’s lawyer’s lobby by keeping “trial lawyers” out of the name because it had a negative response in marketing studies. (I kid you not.)

Trial lawyers have done a lot of good and important things and continue to, but the profession is corrupting. There is a lot of money to be made, and ATLA–excuse me, AAJ, is devoted to eliminating any limits on their members’ ability to sue anyone for any amount, no matter what harm it does to the economy, the nation, the cost of health care, the bonds of trust in society, personal liberty, or public respect for the civil justice system. Individually, members of AAJ are among the top donors to the Democratic Party, in part to make sure that they can block all Republican efforts to limit jury awards, spurious lawsuits, and damages that have to be paid by negligent corporations when they destroy lives through shoddy products, conspiracies, and other conduct. The other reason is that Democrats support the redistribution of wealth, and trial lawyers profit by it.

In the matter of keeping corporations accountable, the AAJ is, as they will constantly remind us, on the side of the angels. But like other interest groups (the NRA, the ACLU, NOW, and may more) that stake out  extreme, self-serving and unethical positions in defense of legitimate rights, trial lawyers often feel that they must take the position that every injury and misfortune deserves compensation by someone else. Eventually, they believe it. Justice is taken out of the equation for all but the plaintiffs bar’s clients. Justice means that someone else is always at fault. Continue reading →

The 61st Rationalization, #52 Tessio’s Excuse (“It’s Just Business”)

/ Jack Marshall / 39 Comments

Salvatore_Tessio

I realized, in reading the rationalizations being given by defenders of the decision of the New Jersey aunt of recent controversy to sue her young nephew for accidentally injuring her wrist when the boy was eight all boil down to a familiar rationalization repeated often in a classic film and its sequel. Somehow that rationalization missed inclusion on the Ethics Alarms Rationalizations list. (There are 60 rationalizations now, with some labeled as sub-categories.) After today, that will no longer be the case. Presenting…

#52 Tessio’s Excuse, or “It’s Just Business”

Near the end of “The Godfather,” longtime Don Corleone loyalist Sal Tessio (played by the immortal Abe Vigoda) is caught attempting to ally with a rival family in an attempt to kill the new Don, Michael Corleone. As he is taken to the car for his final ride, Tessio turns to consiglieri Tom Hagen and says…

“Tell Mike it was only business. I always liked him.”

Ah. It wasn’t personal, you see, this attempted assassination. That makes it all right.

Continue reading →

My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

/ Jack Marshall / 71 Comments
This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading →

Obama’s Avoidance Of Accountability Reaches Previously Unimagined Heights

/ Jack Marshall / 6 Comments

Obama shrug

Having encountered this immediately prior to last night’s debate among the Democratic contenders for the 2016 Presidential race, the praise heaped on Barack Obama’s abysmal record, repeated defiance of law and ignorance of basic leadership mandates—never honestly identified as such, of course—approached head-exploding levels of dissonance. It briefly subsided when Jim Webb, answering the question of what the candidates would do differently, so diplomatically delivered damning criticism that I doubt many in the room realized it. He said in part…

[If] there would be a major difference between my administration and the Obama administration, it would be in the use of executive authority…I have a very strong feeling about how our federal system works and how we need to lead and energize the congressional process instead of allowing these divisions to continue to paralyze what we’re doing. So I would lead — working with both parties in the Congress and working through them in the traditional way that our Constitution sets up…

Translation: Under Obama, the Constitution has been violated repeatedly because this President won’t deign to work closely with Congress, and has chosen instead to govern by executive fiat, which is not how the Constitution requires laws to be made.

He also said he would lead, which he undoubtedly would do. Obama, just two days earlier in his “60 Minutes” interview, demonstrated yet again why he can’t lead. He is incapable of accepting accountability for what he does, and what those under his authority do. Sometimes the utter awfulness of his values, usually because of his narcissism, makes me want to challenge his supporters to defend what is manifestly indefensible.

This is such a time.

Here is the section of the Steve Kroft interview: Continue reading →

Ten Ethics Observations On The Democratic Candidates Debate

/ Jack Marshall / 54 Comments

cnn-democratic-debate-large-169

1. It was rigged, and rigged to boost Hillary. Anyone who believes that she just happened to end up dead center—you know, like Trump ended up dead center in the first GOP debate?—by luck of the draw will believe anything. There was Clinton, a lone woman surrounded by men, next to Sanders, the only man in the group that would make her appear young by comparison, with the two candidate, Sanders and O’Malley, who have refused to criticize her directly positioned as her wing men, and the one candidate, Jim Webb, most likely to draw blood as far away from Clinton as possible. (She never addressed him once during the debate.) I don’t know if the placement was the work of the DNC, which would be my guess, but it was blatant and unfair.

2. The debate didn’t actually start for almost a half hour after its scheduled time. Anderson Cooper was talking as fast as an auctioneer, and always trying to cut off candidates in their comments. That extra time would have helped. Speaking of delays and padding, why the Star Spangled Banner? This wasn’t a ball game.

3. Apparently CNN imported the audience from Bill Maher’s HBO show. The frenzied screaming, primarily for Clinton and Sanders and anytime anyone mentioned free stuff, bashed Republicans or gave tacit, coded approval of open borders, was juvenile and made the event feel like a partisan rally…. Continue reading →

JEB! Cheater! Unethical! DISQUALIFIED

/ Jack Marshall / 8 Comments
The plant, overacting...

The plant, overacting…

Donald Trump was speaking  at a Jon Huntsman / The Hill “No Labels” event, a female audience member later identified as Lauren Batchelder posed as a feminist Trump antagonist. You can see the exchange in the video below…

But she was not a typical audience member; she is a paid staffer of a  GOP Senator and a volunteer for the Jeb Bush campaign, as a recent tweet demonstrated.

NH 6

The news media, looking desperately for someone to embarrass Trump, began framing the narrative an a pro-choice audience member who “Trumped Trump.”

A little research, however, showed that Lauren Batchelder is a current staffer for pro-life Senator Kelly Ayotte (R-NH),  and is currently also working in New Hampshire as a volunteer for the Jeb Bush campiagn.  In other words, she was a plant, she was misrepresenting herself, and this was a contrived cheat to mislead the American people while undermining Trump for the benefit of Jeb Bush.  Batchelder, like any good conspirator, tried to cover up,  deleting her tracks on social media.   The Last Refuge, however, preserved some:

[LinkedIn Profile HERE] [Twitter HERE] [Instagram HERE] [ FaceBook HERE]

The Bush fallback position, not surprisingly, is that she was a rogue staffer, acting on her own. The campaign’s words, however, were more focused on changing the subject. Allie Brandenburger, a spokeswoman for Bush’s campaign, said Batchelder is not a paid staff member ( OK, she’s a volunteer, a distinction without a difference) and attended the convention on her own (or so he claimed), but then immediately tried to change the subject, saying  in an e-mail,  “We can’t help but notice Mr. Trump does seem to be very sensitive about being challenged by women.”

Yes, we understand; That’s why you set this up. This was obviously a talking point, since Tim Miller, Bush’s spokesman, tweeted nearly the exact same thing, saying, “For what its worth, Lauren is not a Jeb staffer but the Jeb staff is amused by how sensitive Donald is to being challenged by women.”

Funny, I’m not amused. At best, Bush, Ayotte and the Republican establishment failed to properly train and supervise a staffer and volunteer sufficiently. More likely, she was given signals, like the IRS was in its illegal sabotage of Tea Party groups, that encouraged her to engage in unethical conduct. Most likely, it was a Nixonian dirty trick by a desperate, flailing, failing candidate. Unless Bush can prove that it was a case of negligent management on his part, and that proof cannot consist of Batchelder falling on her sword, and apologize appropriately to Trump and the public, then we must assume that the worst explanation is the right one.

As before, I consider making Donald Trump appear to be a victim an irresponsible  and incompetent act. As of now, I consider Jeb Bush to be desperate, untrustworthy, and foolish. He has no credibility as a leader, a campaigner, or a potential President.

_________________________

Sources: Washington Post,  Last Refuge