Month: May 2017

The Kevin Pillar Suspension: What Exactly Are The Current Societal Standards Regarding Homophobic Slurs, Civility, And Free Speech? I’m Confused.

/ Jack Marshall / 48 Comments

In the seventh inning of the Atlanta Braves’ 8-4 win over the Toronto Blue Jays on Wednesday, Braves reliever Jason Motte “quick pitched”  Jays outfielder Kevin Pillar, striking him out. Quick-pitching isn’t illegal except in extremes, in which case it is called a balk.  It is, however, considered a bush-league tactic. Tempers were flaring in this game already, and Pillar was so upset by the pitch that yelled “Faggot!” at Motte. A “benches-clearing incident” ensued, called such because baseball players seldom really fight.

Nobody in the stands heard what Pillar said,  and most of the players didn’t either.  It was later lip-read off of the videotape of the game. There is no evidence that Motte is gay, so this was just a spontaneous utterance intended to mean “I don’t like you,” or something. If Motte were gay, and Pillar called him a faggot, this would be personal denigration based on a characteristic.

I mention this because calling a woman a bitch is not sexual harassment in the workplace; it’s just uncivil. Calling a man a bitch, however, has been found to be sexual harassment, as an innuendo about sexuality rather than character. It seem pretty clear  that Pillar was not making a sexual allegation.

After the game, sensing what was to come, Pillar issued an apology to Motte, saying, “It was immature, it was stupid, it was uncalled for. It’s part of the game.” Is there any doubt that athletes saying vulgar things to each other (and umpires) on the field is part of the game? I have seen players, managers and coaches clearly say “fuck,” “shit,” and “son of a bitch” for decades, too many times to count. One of my all-time favorite players, hippie former Boston lefty Bill Lee, was once caught by a face-on camera as he sparked a real baseball fight by pointing at the Yankees’ Greg Nettles and articulating, “HEY FUCKHEAD!” Lee wasn’t suspended or fined, and this was thirty years ago.

But Major League Baseball launched an investigation of Pillar. Of words. On a baseball field.   Pillar issued a more complete apology on his Twitter account:

He apparently guessed what was coming, or had been tipped off. Yesterday, the Toronto Blue Jays suspended Pillar for two games. Pillar isn’t yet in the highly-paid star category: he makes “only” $521, 000. A two game suspension will cost him about $6433 for a one syllable expletive. MLB has not taken any action, and apparently won’t.

Now, the Blue Jays, like any employer, can make any rules it chooses regarding the workplace. Obviously slurs cause bad feelings and are not the kind of things a professional sport wants its young fans to associate with its heroes. Still, any time people get punished for mere words my ethics alarms go off, and they also go off when so many people don’t seem to have ethics alarms regarding chilling speech and expression. Therefore I have some questions: Continue reading →

When Ethics Alarms Don’t Ring: The Bad Date Lawsuit

/ Jack Marshall / 59 Comments

No story is too stupid for Ethics Alarms!

I’m so proud.

In Round Rock, Texas, Brandon Vezmar took a woman out for a pizza and to see “Guardians of the Galaxy, Vol. 2” , but she texted throughout the film and then left him sitting alone. He texted her, demanding that she  refund the cost of the pizza and the ticket, but she says she refused because “he took me out on a date.”. Now Brandon has filed a claim for $17.31 in small claims court.

Ethics Observations:

1. Brandon’s law suit can be translated as: “Look at me! I’m a big jerk!” I cannot imagine that he will be more successful finding dates in the future. And no wonder she abandoned him.

2. The lawsuit is an abuse of process. He will be lucky if he doesn’t get a dressing down from the judge.

3. Of course he should have let the incident go. This is custom, not contract. The date stunk. That’s a risk you take.

4. The woman, who remains un-named, is a rude jerk as well. She could and should have apologized quickly enough that Big Jerk didn’t have time to complain.

5. There is so much wrong with any two people who can’t locate the social skills and common sense to resolve a matter like this without resorting to the legal system, that it is a near certainty that they will engage in far worse conduct, doing real harm, in the future.

______________________

Pointer: Tim Levier

 

The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 49 Comments

Oxford University student Lavinia Woodward, 24,  punched and stabbed her boyfriend in a drunken rage, then hurled a jam jar, a glass and a laptop at him. This, in the U.S., would be called a criminal assault, and maybe even attempted murder.  Ah, but British Judge Ian Pringle knows better. He agrees these acts would normally mean a prison term, but Lavinia is a star student, and wants to be a surgeon. He hinted that he would spare her prison time so that her “extraordinary” talent would not be wasted. As poor Lavinia’s barrister, James Sturman, argued, his client’s dreams of becoming a surgeon would be “almost impossible” if she had to serve time.

Well, we certainly mustn’t jeopardize a violent felon’s dreams.

This kind of reasoning is infused with The King’s Pass, also known as The Star Syndrome, the rationalization making the perverse unethical argument that the more talented, prominent, useful and important to society a miscreant is, the less he or she should be accountable for misconduct that nets lesser lights serious and devastating consequences:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

Judge Pringle is taking the King’s Pass/Star Syndrome to a new low: he’s arguing that Lavinia should receive special treatment based on how valuable to society she might be, given enough immunity from the consequences of her own conduct.  Continue reading →

Responsible And Necessary: The Appointment Of A Special Counsel

/ Jack Marshall / 40 Comments

The Justice Department appointed Robert S. Mueller III (above), a former F.B.I. director, as special counsel to handle the Russia probe.

I am reading conservative pundits fuming over this development for a number of reasons, some of them valid and troubling. However, there is no good argument to be made that a Special Counsel isn’t necessary now.

Assistant Attorney General Rod Rosenstein explained his decision to make the appointment (remember, he is acting AG in the Russian investigation, because Jeff Sessions was bullied and hectored into recusing himself, also unavoidable):

“In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter.My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”

Exactly. As for the last sentence, President Trump has no one to blame but himself. His own, typical, blundering, blathering ways created this atmosphere—that and “Deep State” leaks calculated to undermine him, and a news media feasting on those leaks like sharks on chum.

It is being argued that you can’t appoint a special prosecutor unless there is a finding that crimes have been committed. Here are the relevant sections of the law:

§ 600.1 Grounds for appointing a Special Counsel.

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and –

(a) That investigation or prosecution of that person or matter by a United States Attorney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

§ 600.2 Alternatives available to the Attorney General.

When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may:

(a) Appoint a Special Counsel;

(b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or

(c) Conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. If the Attorney General reaches this conclusion, he or she may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.

I don’t read the law so narrowly. The law requires that there be a determination that a criminal investigation is warranted, not that crimes have been committed. Continue reading →

Ethics Hero: Lindsey Bittorf

/ Jack Marshall / 7 Comments

I regard people who contribute kidneys to near strangers as residing in a special category of Ethics Hero, in the exemplary ethics category….maybe the exemplary exemplary ethics category.  Considering Don Bedwell, the first individual I learned about who  engaged in this extraordinary act of sacrifice, kindness, and compassion,  I began my 2005 post, “There are special and rare people whose ethical instincts are so pure and keen that they can make the rest of us feel inadequate.”  Bedwell, a traveling businessman, donated his kidney to a waitress who often served him at his favorite Cleveland restaurant when he was passing through the city on business. The second altruistic organ donor was East Haven, Connecticut  Mayor April Capone Almon, who gifted one of her kidneys  to a desperate constituent she barely knew.

Wisconsin police officer Lindsey Bittorf is the most recent example of this special breed of ethics hero.  She saw a Facebook post from a local mother pleading for someone to rescue might  her  8-year-old son, Jackson Arneson, who needed a kidney. The boy’s family and friends had been tested and none were a match. Bittorf didn’t know the child or the family, but got herself tested on a whim. Doctors told her she was an unusually good match,considering that she was not related to the boy.

Last week, Bittorf  rang the doorbell at Jackson’s home to surprise his family with the good news,  ABC News reported. Jackson could have one of her healthy kidneys.The police officer told Jackson’s mom, Kristi Goll, that it was an “early Mother’s Day gift.”  That’s a bit better than flowers, you’ll have to admit. Continue reading →

Ethical Quote Of The Month: Former Harvard Law Professor Alan Dershowitz

/ Jack Marshall / 81 Comments

“If it was a polite request saying, ‘Oh, you know, he’s a good guy, Flynn, I wish you’d back off this thing,’ that’s not an obstruction of justice. If it was a command, it would raise stronger problems.”

—Retired Harvard law professor , Constitutional scholar, lawyer, liberal and CNN commentator Alan Dershowitz, trying to explain to MSNBC what “obstruction of justice” means.

I’ve never been a Dershowitz fan, but when the List of Shame is complied after the Post 2016 Election Ethics Train Wreck has finally ground to a halt, he’ll be on another list: the one containing those who maintained their integrity.

He needn’t have bothered: the news media/Democratic Party/ “resistance'” collective has already labelled James Comey’s so far only rumored “memo” recounting that the President asked the then-FBI Director, in a private meeting in February, to close the FBI investigation of Trump’s former national security adviser, Michael Flynn, proof of criminal motives and acts.

The New York Times learned of the memo from two people who claim they had read it. One of them read part of the memo to a Times journalist.  According to these unnamed sources’ description of the memo, Trump told Comey, “I hope you can let this go” in a meeting that took place the day after Flynn was forced to resign.

“I hope you can let this go” would be consistent with what Dershowitz, no Trump supporter but apparently yet to be infected with the integrity- and logic-destoying anti-Trump virus, accurately described as “not an obstruction of justice.”

The Times, however, a card-carrying member of the “overturn the election” cabal—we know this because it stated last August that defeating Trump justified tossing journalism ethics into the trash, and because since the election, its pages have from the book reviews to the op-ed pages have been filled anti-Trump propaganda—called Trump’s reported request “the clearest evidence that the president has tried to directly influence the Justice Department and FBI investigation” into links between Trump associates and Russia. This must mean that there is no evidence, at all, since saying “I hope you can let this go” is barely influence at all.

The news of the alleged memo was breathlessly hailed by the “Can we impeach him now?” fanatics, including some readers of this blog who should know better and once did, as a “bombshell.” As Alan Dershowitz dispassionately points out, and as I have in the comment threads, it’s no bombshell. This is not  remarkable observation; a New York Times contributor was even allowed to agree with Dershowitz. (The Times can’t completely commit to the lynch mob, for then its efforts to aid and abet would be less valuable. It’s quite a tightrope these people are walking….). Constitutional law prof Elizabeth Price Foley wrote, Continue reading →

Scouting Ethics: The Cookie Thief And The Loathsome Left

/ Jack Marshall / 56 Comments

1. Now THIS is an unethical troop leader!

Law enforcement authorities in Kentucky are are currently looking Leah Ann Vick, 26, a Girl Scout troop leader who appears to be on the lam after picking up a large order of yummy Girl Scout cookies for her Wilderness Road chapter as well as, it is believed, orders belonging to other troops in Pikesville, Kentucky.

Vick was supposed to pay for the cookies once they had been sold—their value is $15,000— but she never returned, nor did she drop off her troop’s cookies with her scouts. She has disappeared, apparently taking the cookies with her. She has been indicted by a Pike County grand jury on a charge of “felony theft by unlawful taking.” Vick faces up to ten years in prison if convicted

This will not end well. I fear that she will finally be caught, weighing 300 pounds with incipient diabetes, wedged in a revolving door as she desperately stuffs the last Thin Mints into her mouth….

2. The Insufferable Arrogance of “The Resistance”

The New York Times gleefully described a satirical one-night-only “documentary drama” assembled from edited transcripts of the Senate confirmation hearings for members of President Trump’s cabinet. Titled “All the President’s Men?,” produced by the Public Theater and London’s National Theater, it featured such actors as the politically objective Alec Baldwin as Rex Tillerson and Academy Award Winner Ellen Burstyn as that heroic figure, Elizabeth Warren. This event was, of course, progressive Trump-hater masturbation, and the Times reports that the “liberal audience laughed and groaned and occasionally whooped…then rose for a standing ovation.”

Not that there’s anything wrong with that. However, the fact that David Remnick, editor in chief of The New Yorker, was one of the performers tells us all we need to know about that alleged journalistic enterprise’s ability to be fair and objective about the President, as well as how blatantly journalists now proclaim their anti-Trump bias as virtue-signalling.

The Times also observed this:

“It’s unlikely that the real Mr. Tillerson paused for a laugh after championing his honesty by saying, “You are aware of my longstanding involvement with the Boy Scouts of America.”

This is signature significance, showing us the utter loathsomeness of Mr. Baldwin and also the audience this production pandered to. Tillerson deserves nothing but praise for his work with the Boy Scouts of America. Continue reading →

Comment Of The Day: “New Orleans’ Historical Air-Brushing Orgy”

/ Jack Marshall / 22 Comments

I confess: I’m behind in posting Comments of the Day. There are at least two that are on the runway. This one, Steve-O-in-NJ’s discussion of statue-toppling and historical airbrushing in other nations, is the most recent. It also doesn’t involve virulent anti-Trump hysteria, which I am becoming extremely weary of even as I have to chronicle it, since it, and not its target, is one of the major ethical crises of our time. (It also is really, really interesting.)

Here is Steve-O-in-NJ’s Comment of the Day on the post, “New Orleans’ Historical Air-Brushing Orgy”:

There IS some historical precedent for something like this. I don’t know how well-traveled you are, but if you visit Ireland and India you will still see plinths that once held statues of individuals associated with the British Empire that were removed in the aftermath of independence. You will also see relatively new statues of folks associated with the new regime, some of whom, in life, might have been considered criminals or terrorists. Two obvious examples are:

Michael Collins, national hero to the Irish, magnificent bastard to the Brits, and, any way you slice it, terrorist, who achieved his goals by shooting police and soldiers in the back, sniping, and bombing. His bust stands in Dublin and his statue marks the place where he was assassinated after mistakenly thinking he could just turn off the tap of the passions he had stirred up

Tatya Topi, Indian rebel ruler who it is believed gave the order for the massacre of women and children at Cawnpore, later captured and executed by the British. At least three statues in India now honor him as a freedom fighter, and one of them was in fact placed where a memorial to the victims of the massacre once stood.

Some of the monuments that represented the old ways were treated like scrap metal, like a statue of Queen Victoria that once stood in Dublin, dumped in a grass field until a deal was struck to ship it to Sydney, Australia, where it stands now. Five other statues of kings of kings and viceroys were moved to an abandoned area of Coronation Park in New Delhi following independence, where they stand forlorn and poorly maintained, partially because no one wants to pay to have them destroyed or shipped somewhere else in the world that might want them. Ironically, the one of George V, which came from India Gate, was to have been replaced by one of Gandhi, but to this day the canopy is vacant, because the Indian Parliament could not agree on details.

Continue reading →

The Legal Profession Appears To Have A Serious Character Standards Problem…

/ Jack Marshall / 15 Comments

I refer you, for context, to the recent post about Shon Hopwood, Georgetown Law Center’s former bank-robber, former federal prisoner professor, who was welcomed into membership in the D.C. bar…like me.

Now comes word that Tarra Simmons, a third-year law student, convicted felon and former drug addict, who in December won a Skadden Fellowship to help people recently released from prison, was told by the Washington State Bar Association that she did not possess the character to make her a trustworthy lawyer.

Tarra was a magna cum laude law school graduate, and co-chairs Washington’s Statewide Re-Entry Council.  She recently received a gubernatorial appointment to the state’s Public Defense Advisory Committee, and was selected by the dean of Seattle University School of Law to receive the school’s dean’s medal this year.

Nevertheless, the character and fitness board’s vote against Simmons was not even close, at 6-3.

A registered nurse for 11 years, Simmons became addicted to prescription drugs and methamphetamine after her father died, as she self-medicated for depression. In 2011, she was charged with felony theft, drug possession and gun possession, pleaded guilty, served 20 months in state prison. She says she  wants to assist former justice-involved individuals, as  a lawyer who has lived their experience, so they “can overcome barriers and rejoin society.”

But Tarra cannot cannot take the Washington Bar examination without getting a positive  character and fitness recommendation, and that looks unlikely. She’s appealing to the Washington Supreme Court, but traditionally that forum is tougher in assessing the  character and fitness of  potential admittees.

I think her course now is obvious: move to the District of Columbia. The bar there will surely see no reason to doubt her character.

After all, it’s not like she robbed a bank.

__________________________

Pointer: ABA Journal

New Orleans’ Historical Air-Brushing Orgy

/ Jack Marshall / 78 Comments

New Orleans is in the midst of completing a plan to remove four Confederate monuments from public spaces in the city. In April, city workers removed a monument to a Reconstruction-era insurrection, and last week, they dismantled a statue of Jefferson Davis. Statues of the Confederate generals Robert E. Lee and P. G. T. Beauregard will be coming down soon.

New Orleans Mayor Mitch Landrieu exploited the murder of nine black churchgoers  in Charleston, South Carolina to push for historical censoring, a long-time goal of civil rights groups and progressives.  Now the city says it is weighing a new location for  the monuments so they could be “placed in their proper historical context from a dark period of American history.” The favored new location is rumored to be Hell.

There are protests, of course, and most objections are coming from the perfect advocates from perspective of the historical amnesia fans: Confederacy fans, “Lost Cause” adherents, white supremacists, and other deplorables.  Seldom has George Orwell’s quote been more relevant:

“He who controls the past controls the future. He who controls the present controls the past.”

I’ve written so much about the efforts from the left to purge America of any memory of or honor to historical figures who do not meet its 2o17 lock-step mandate for politically correct views and statements that I hesitate to repeat myself. You can review the record here.

Still, some things bear repeating. The last time I wrote about this issue was in February, when Yale capitulated to student thought-control advocates and eliminated the name of John C. Calhoun from a residential hall.  For it isn’t just leaders of the Confederacy who are targets of this cultural self-cannibalism: it is all past leaders who were proven wrong in some respects by subsequent wisdom, experience and events, including American icons like Jefferson and Jackson.  That last post listed the rationalizations  employed by the statue-topplers and the spineless officials who capitulate to their purges , including

 The Revolutionary’s Excuse: “These are not ordinary times” 

The Troublesome Luxury: “Ethics is a luxury we can’t afford right now.” 

The Ironic Rationalization, or “It’s The Right Thing To Do.”

Ethics Surrender, or “We can’t stop it.”

The Saint’s Excuse: “It’s for a good cause”

The Futility Illusion:  “If we don’t do it, somebody else will.”

The Comparative Virtue Excuse: “There are worse things.”

The Coercion Myth: “We have no choice!”

The Desperation Dodge or “I’ll do anything!”

The Unethical Precedent, or “It’s not the first time”

The Abuser’s License:  “It’s Complicated”

 The Apathy Defense, or “Nobody Cares.”

When you can throw up twelve rationalizations, that’s more than enough to convince the average, ethically-deficient citizen, not to mention social justice warriors.

That  post concluded,

A friend, lawyer, and Democrat had chided me on Facebook for suggesting that the frenzy to make America a safe place for anyone troubled by the opinions and actions of American patriots of the past could reach as far as Thomas Jefferson and George Washington, and accused me of engaging in wild hyperbole. Soon thereafter, the Connecticut Democratic Party purged the names and images of Presidents Jackson and Jefferson from its annual dinner, in order to kowtow to progressive activists. In November of last year, hundreds of University of Virginia students and faculty members demanded that President Teresa Sullivan stop quoting Thomas Jefferson, because doing so “undermines the message of unity, equality and civility that you are attempting to convey.”…I believe it is fair to say that I was right to be alarmed, and my friend was wrong. (I’m still going to let the statue of him in my backyard stay there, though.)

The cultural ethics alarms are sounding, as the toxic combination of the ignorant, the cultural bullies and the cowardly brings the United States closer to an Orwellian society where the past is remade to suit the perceived needs of the present.  Yale’s treatment of Calhoun redoubles my conviction that I expressed last year more than once. We have to honor what deserved and deserves to be honored. If we do not, history becomes political propaganda, useful only to support current political agendas. A nation that does not  honor and respect its history has no history.

And a nation that has no history is lost.

The New York Times published separate interviews with a leading critic and a prominent supporter of the historical airbrushing in New Orleans. Continue reading →