Month: August 2017

No, You Lazy Conservative Journalists, A Court Did NOT Rule That The DNC AND Wasserman Schultz Rigged The Nomination Against Bernie

/ Jack Marshall / 14 Comments

Find another occupation where your stupidity and incompetence doesn’t make the public stupid and ignorant.

“Court Admits DNC and Wasserman Schultz Rigged Primary Against Sanders,” screamed the headline of the Washington Observor, and other sources, including conservative blogs, followed the theme. This was the essence of Fake News, and like most fake news, the result of bias and incompetence, plus unprofessional editors.

In June of 2016, a class action lawsuit was filed against the Democratic National Committee and former DNC Chair Debbie Wasserman Schultz for rigging the Democratic presidential primaries for Hillary Clinton and against Bernie Sanders. The plaintiff class was made up of Sanders donors and other, and immediately smelled like a publicity stunt. The theory was that the DNC violated its own charter, but the likelihood of prevailing was virtually nil from the start. I didn’t read a single authority who thought it had a prayer.

Sure enough, the lawsuit was dismissed last week in federal court on the grounds that the plaintiffs lacked standing and the suit was a guaranteed loser. Federal Judge William Zloch, dismissed the lawsuit, saying,

“In evaluating Plaintiffs’ claims at this stage, the Court assumes their allegations are true—that the DNC and Wasserman Schultz held a palpable bias in favor Clinton and sought to propel her ahead of her Democratic opponent.”

That means that for the purpose of the decision whether to allow the lawsuit to proceed, the judge assumed that everything the plaintiffs claim was true. It doesn’t mean that they had proved their case, or that the judge has ruled that the DNC and Debbie Wasserman Schultz did what is alleged. Law professor Jonathan Turley explains, Continue reading →

“Racial Wealth Gap Persists Despite Degree, Study Says”…Now What?

/ Jack Marshall / 47 Comments

The story ran as the front page lead in the New York Times more than a week ago, and was promptly ignored as the more pressing matter of criticism Donald Trump’s erudition in condemning the violence in Charlottesville obsessed the media:

“The long-term trend is shockingly clear,” said William R. Emmons, an economist at the Federal Reserve Bank of St. Louis and one of the authors of the report. “White and Asian college grads do much better than their counterparts without college, while college-grad Hispanics and blacks do much worse proportionately.”

A college degree has long been recognized as a great equalizer, a path for minorities to help bridge the economic chasm that separates them from whites. But the report, scheduled to be released on Monday, raises troubling questions about the ability of a college education to narrow the racial and ethnic wealth gap.

“Higher education alone cannot level the playing field,” the report concludes.

Great. What will level the playing field, and if the only solutions are ethically flawed, can the nation ethically accept that the playing field cannot be leveled? Is it necessary that all races achieve identical levels of success? Does the fact that a race, or an ethnic group, either exceeds or falls short of statistical parity signal that draconian measures must be undertaken by the government? Are we really committed to results based policies, or opportunity-based policies?

In the Times print version, there was a chart that labelled, among other things, Asian families as “over-represented” among wealthyl households headed by a college grad. “Over-represented” is a provocative word, suggesting that something is wrong with Asian American achieving beyond what pure statistical analysis would predict. Is it so unimaginable that the group itself may have something to do with its success—that its culture and values may allow it to be “over-represented”?

No, it isn’t unimaginable, but it is inconvenient and politically explosive. If culture and values can explain over-achievement, it will be difficult to avoid the conclusion that culture and values also play a part in under-achievement as well. The Times report (I haven’t read the whole study)  doesn’t hint at such a conclusion, while citing many other potential causes:

Researchers have repeatedly found discrimination in the job market. When two nearly identical résumés are sent out, for example, it has been documented that the candidate with a white-sounding name receives more callbacks than the applicant with a black-sounding name.

Discrimination like this and other factors contribute to the persistent and substantial pay gap between whites and minorities. Blacks, for instance, hold a disproportionate share of government jobs — a sector that has shrunk in recent years and provides fewer opportunities for big wage gains. Blacks have fewer advanced degrees, and the ones who do are more often in lower-paying fields or graduates of colleges with lesser reputations.

“Blacks and Latinos at all education levels, including college and advanced degrees, earn less than their white counterparts, which means lower lifetime earnings” and less ability to save, said John Schmitt, research director at the Washington Center for Equitable Growth, who reviewed an advance copy of the report.

Blacks and Hispanics are also less likely than whites to inherit money or receive help from their parents to cover a tuition bill or a down payment on a house.

William A. Darity Jr., a professor of public policy at the Samuel DuBois Cook Center on Social Equity at Duke University, points out that a family headed by a black college graduate has less wealth on average than a family headed by a white high school dropout.

That last fact is especially discouraging.

The relative disinterest of the news media in the implications of the report is troubling, or perhaps I should say its disinterest in pursuing an open and honest discussion of what the implications are, and what new policies should be considered. The status quo, with historically oppressed and disadvantaged groups perpetually lagging behind and perpetually blaming white society for their persistent plight, is a recipe for chaos, generating shrill and divisive prescriptions like this one, from Chanelle Helm,  a Black Lives Matters leader in Louisville:

Some things I’m thinking about that should change (in that Southern, black grandmama voice):

1. White people, if you don’t have any descendants, will your property to a black or brown family. Preferably one that lives in generational poverty.

2. White people, if you’re inheriting property you intend to sell upon acceptance, give it to a black or brown family. You’re bound to make that money in some other white privileged way.

3. If you are a developer or realty owner of multi-family housing, build a sustainable complex in a black or brown blighted neighborhood and let black and brown people live in it for free.

4. White people, if you can afford to downsize, give up the home you own to a black or brown family. Preferably a family from generational poverty.

5. White people, if any of the people you intend to leave your property to are racists assholes, change the will, and will your property to a black or brown family. Preferably a family from generational poverty.

6. White people, re-budget your monthly so you can donate to black funds for land purchasing.

7. White people, especially white women (because this is yaw specialty — Nosey Jenny and Meddling Kathy), get a racist fired. Yaw know what the fuck they be saying. You are complicit when you ignore them. Get your boss fired cause they racist too.

8. Backing up No. 7, this should be easy but all those sheetless Klan, Nazi’s and Other lil’ dick-white men will all be returning to work. Get they ass fired. Call the police even: they look suspicious.

9. OK, backing up No. 8, if any white person at your work, or as you enter in spaces and you overhear a white person praising the actions from yesterday, first, get a pic. Get their name and more info. Hell, find out where they work — Get Them Fired. But certainly address them, and, if you need to, you got hands: use them.

10. Commit to two things: Fighting white supremacy where and how you can (this doesn’t mean taking up knitting, unless you’re making scarves for black and brown kids in need), and funding black and brown people and their work.

I read this, and find myself wondering if one of the reasons for that discouraging study’s results is the increasing influence of voices like Chanelle Helm’s.

Morning Ethics Warm-Up: 8/28/17

/ Jack Marshall / 61 Comments

Good Morning!

Ready for an ethical week?

1. In a comment thread about Joe Arpaio’s pardon, the absurd assertion was made that Chelsea Manning was “tortured” at Leavenworth. In knocking down this anti-U.S. propaganda, courtesy of the U.N. and others, I noted that even the U.N. accuser based that assessment on the weird conclusion that Manning was “never convicted of a crime.”

Translation: military courts martial don’t count. Thanks for that opinion, U.N. guy! Why don’t you start your own country?

The other part of the phony torture accusation is the assertion that being held in solitary confinement is torture. Under international law, it is considered “cruel and unusual punishment,” not torture, but… surprise! The U.S. is not governed by international law, much as the globalists wish it were!

Solitary confinement has (rarely) been found by U.S. courts to violate the 8th Amendment when it is of indeterminate duration and without good cause, but that has nothing to do with Manning, who was considered in danger as a traitor in a military prison, and was in solitary for her own protection. The Supreme Court determines what is cruel and unusual punishment in this country, not the U.N., and not international law.

2. I also (I admit it: I knew I would) triggered a freak-out here, and some unfair insults that I will gracefully ignore, by stating that I would have supported execution for Manning, who was and is a traitor. (President Obama commuted her sentence, making the anti-war Left happy but oddly triggering a fraction of the condemnation in the news media that has followed President Trump’s pardoning an 85-year old man facing a minimal jail term. ) The U.S. has been historically reluctant to execute traitors, and in the era where a cyber-leaks can give more aid and comfort to the enemy than Julius and Ethel Rosenberg could have managed in a hundred years, a re-evaluation of that kind, merciful but dangerous policy is over-due for reconsideration. Manning avoided conviction on the worst of the charges against her (then, him) because prosecutors didn’t prove intent sufficiently. Manning claimed that she was just trying to start a “conversation’ about the Iraq and Afghanistan wars, and was willing to put classified information into the hands of terrorists in order to do it. If she knew she would be facing the death penalty with some certainty, it is likely that Manning would have thought twice, at least. It’s called deterrence, and in an age where self-righteous low-level types like Manning and Edward Snowden can get U.S. intelligence personnel exposed and killed with a few keystrokes, serious deterrence is called for.

3. Remember when I asked readers to alert Ethics Alarms when the first talking head suggested that out first major hurricane in 12 years was the result of climate change? It took longer than I expected, but the first reported fool was CNN anchor John Berman. He  was interviewing  Bill Read, the former director of the National Hurricane Center, and asked,

“Is there a why to this? Why there is so much water associated with this storm? One thing we heard from scientists over the last 10 years is that climate change does impact the intensity of many of the storms that we see.”

To his credit, Read assured Berman that the heavy rains had nothing to do with climate change, and everything to do with the typical behavior of this kind of storm. The episode shows 1) how little many journalists (I won’t say all, but it is very close to all) understand the science of climate change, but promote it anyway because it aligns with their partisan politics, and 2) how they will try to generate fake news, which is what “Hurricane Harvey Deadly Rainfall Possibly Caused By Climate Change, Expert Tells CNN” would have been. If Berman was interested in promoting public understanding of the climate change controversy, he would have asked, “Climate change models and Al Gore’s documentaries predicted more and more violent storms as a result of global warming, yet this is the first major hurricane we have seen in more than a decade. How do you account for this?”

4. In the teeth of this renewed attack on U.S. history and culture during the Confederate Statuary Ethics Train Wreck, I asked how long it would be before “Gone With The Wind” was banished from the airwaves. The Orpheum Theatre Group in Memphis, Tennessee just withdrew its annual screening of the classic 1939 film  out of concern that some may find it ‘offensive’.

If no one has the courage to stand up for art, expression and history as “the offended” try to strangle cultural diversity out of existence, then Orwellian thought control will be the inevitable result. I don’t blame the “offended” for trying to suppress speech, thought and history as much as I blame the cowards who capitulate to it. Next in the line to oblivion: war movies, movies with guns, “Gettysburg” and John Wayne. Continue reading →

The Stupid Wall

/ Jack Marshall / 8 Comments

The current Trump upset over the Stupid border Wall is fascinating as a lesson in the danger of making improvident promises that you don’t think you will ever be in a position to break. Presidential candidates do this all the time; I don’t think Trump’s Stupid Wall was even the worst of the 2016 crop.  The President almost certainly thought he had no chance of winning when he began promising to build the SW, then doubled down when he said, ridiculously, that he would make Mexico pay for it.

A lie is still a lie when it is said to deceive even if only the gullible and dim will be fooled, as the old Ethics Scoreboard (current down, but it will rise again) used to  remind readers when it celebrated such lies in its David Manning Lie of the Month, named after Sony’s fake movie reviewer that Sony argued wasn’t fraudulent since nobody believed those review snippets in movie ads anyway. “Manning” had said that Rob Schneider’s  idiotic comedy “The Animal” was a comic masterpiece.

It’s not certain that the President knew the idea of the SW was ridiculous since he is—well, you know. Either way, however, it was a promise that shouldn’t have been made, just like Bernie Sanders’ promise only to appoint SCOTUS justices  who would “repeal” Citizens United should never have been made. Luckily for Sanders (and the rest of us), he wasn’t elected, and never had to try to deliver. That’s just moral luck, though. A promise you cannot keep is unethical when you make it, whether your ethical breach is dishonesty or incompetence. Continue reading →

Morning Ethics Warm-Up: 8/27/17

/ Jack Marshall / 73 Comments

GOOOD MORNING!

(he said through gritted teeth..)

1. I received a nice, polite e-mail from a new reader here who accused me of engaging exclusively in “partisan/political rants.” “Further,” he wrote,  “everything you say appears to be entirely one-sided (right/conservative/republican is good, left/liberal/democrat is bad).”

The man is an academic, so one might expect a little fairness and circumspection, but then, the man is an academic. His description is in factual opposition to the contents of the blog (I’m trying to think of the last Republican leader, conservative or otherwise, I designated as “good”), but I know from whence the impression arises: the fact that the entire American Left, along with its sycophants and familiars, the universities, show business and the news media, have gone completely off the ethics rails since November 8, 2016. I don’t know how else I am supposed to address that. It would have been nice, for balance’s sake, if a conservative cast of white actors in, say, a hit musical called “The Ray Coniff Story” had stepped out of character and harassed, say, Chuck Shumer, but this didn’t happen. If it had, I would have treated that breach of theater ethics exactly as I did the cast of Hamilton’s harassment of Mike Pence. (I would not, however, have been attacked for doing so by my theater colleagues, and no, I haven’t forgotten, and I’m not forgiving.)

If a GOP figure working for CNN as an analyst, say, Jeffrey Lord, had used his connections at the network to forward debate questions to Donald Trump and then lied about it when he was caught red-handed, I would have eagerly written about it in highly critical terms—but the Republicans didn’t cheat. Donna Brazile and the Democrats did. 

If Hillary Clinton had been elected President and Donald Trump and the Republicans formed an anti-democractic movement called “the resistance,” tried to use a single Federalist paper as a rationalization to change the rules of the election and then pressured performers not to allow the new President the privilege of a star-studded, up-beat inauguration to unify the nation, and if a large contingent of Republican Congressmen had boycotted the ceremony, saying that they did not consider Hillary as “legitimate President,” Ethics Alarms would have been unmatched in expressing its contempt and condemnation. If conservatives were trying to limit free speech according to what they considered “hateful,” a step toward dictatorship if there ever was one, I would be among the first to declare them a menace to society. They haven’t advocated such restrictions, however. Progressives have. The Mayor of Portland has called for a “hate speech’ ban. What party is he from? Howard Dean said that “hate speech” wasn’t protected. What party was he the Chair of? I forget. What was the party–there was just one— of the mayors who announced that citizens holding certain views should get out of town?

“Need I go on? I could, because the uniquely un-American, unfair and destructive conduct from Democrats, progressives and the anti-Trump deranged has continued unabated and without shame for 10 months now.  That’s not my fault, and I don’t take kindly to being criticized for doing my job in response to it. I have chronicled this as unethical, because it is spectacularly unethical, and remains the most significant ethics story of the past ten years, if not the 21st Century to date.

And the reluctance and refusal of educated and usually responsible liberals and Democrats to exhibit some courage and integrity and vigorously oppose this conduct as they should and have a duty as Americans to do—no, I am not impressed with the commenters here who protest, “Hey, I don’t approve of all of this! Don’t blame me!” as if they bear no responsibility—is the reason this execrable conduct continues. It is also why I have to keep writing about it.

2. I’m still awaiting the apologies and acknowledgement of my predictive abilities from all of my friends who chided me for suggesting that the Confederate flag and statuary-focused historical airbrushing mania would shoot down the slippery slope to threaten the Founders and more.  Continue reading →

The Joe Arpaio Pardon

/ Jack Marshall / 110 Comments

To nobody’s surprise, I hope, President Trump  pardoned the former Maricopa County, Arizona sheriff, a hero to many conservatives and anti-illegal immigration proponents (there is no ethical justification for not being anti-illegal immigration), who was facing up to 18 months in jail for criminal contempt of court, for defying a judge who had ordered him to stop profiling Hispanics.

As I wrote earlier, the President had no good ethical options in this situation. It was a binary choice, and whichever choice he made would be arguably unethical in one respect or another. Let me repeat what I wrote about this question just two days ago, before the President acted:

Let’s see:

  • Arpaio did defy a judicial order. Should a law enforcement official be treated especially harshly when he does this?

Yes.

  • The judicial order related to Arpaio’s practice of assuming that individuals of Hispanic descent were more likely to be violating the immigration laws in his jurisdiction than other citizens. Since his jurisdiction was rife with Hispanic illegals, was this an unreasonable assumption on his part? No. Was it still discriminatory? Sure. Is the balance between profiling, which in such situations is a valuable law-enforcement tool, and the importance of equal treatment under the law a difficult one legally and ethically? Yes. Does a sheriff have the right and authority to ignore the way this balance is decided one legal authorities define it?

No.

  • Is the determination of this balance often polluted by ideological biases, in this case, against enforcement of immigration laws?

Yes.

  • Do Donald Trump, and his supporters, and those Americans who may not be his supporters but who agree that allowing foreign citizens to breach our borders at will without legal penalties is certifiably insane, believe that Arpaio’s position on illegal immigration is essentially correct and just?

Yes.

  • Nonetheless, did his ham-handed methods give ammunition to open-borders, pro-illegal immigration, race-baiting activists like the one who told the New York Times,

“Trump is delivering a slap in the face to dignified, hard-working people whose lives were ripped apart by Arpaio. Arpaio belongs in jail, getting a taste of his own medicine. Trump wants to put Arpaio above the law, showing they are both about white supremacy.”

Yes.

  • Is sending Arpaio to jail a political imprisonment?

Yes, although he made it easy to justify on non-political grounds.

  • Are political prisoners the ideal objects of Presidential pardons?

Yes.

  • Would pardoning him send dangerous messages (it’s OK to violate judicial orders you think are wrong; the ends justifies the means; Presidents should meddle in local law enforcement, “extremism in defense of liberty is no vice”) as well as defensible ones ( judges and elected official enabling illegal immigration are a threat to the rule of law; Joe is an old man with a long record of public service who deserves mercy even though he was wrong…)

Yes.

  • Will such a pardon, especially as the news media is again spinning to make the case that Trump is sympathetic with xenophobes and white nationalists, further inflame an overly emotional debate that needs to be calmed, not exacerbated?

God, yes.

  • Is the most responsible course for Trump to stay out of this mess?

YES!

  • Will he?

Of course not.

Sure enough, Democrats, Trump-haters like Senator John McCain and my echo-chamber Facebook friends are denouncing the pardon as if the President had loosed Hannibal Lector on the world. In doing so, they really look ridiculous,  and might as well be wearing  “I hate Donald Trump and will scream bloody murder no matter what he does” in neon on their heads. Especially for Democrats, who have argued that non-violent criminals shouldn’t be imprisoned at all when they are young and black, the argument that an 85 year old man’s under-two year maximum sentence is an outrageous object of Presidential mercy and grace—that’s what a pardon is, you know–is the height of partisan hypocrisy.

The fact that Arpaio is 85 alone justifies a pardon by the standards Presidents have used since the beginning of the office. That his sentence is relatively short—many, many prisoners with far longer sentences have been pardoned by Trump’s predecessors–makes the pardon, if ill-considered, also de minimus, especially since there is no chance, literally none, that the old man, now out of office and retired, will have an opportunity to repeat the crime he was convicted of committing. A pardon is an act of grace by which an offender is released from the consequences of his offense, according to the U.S. Justice Department’s website. It does not say that the offender was not guilty, or that the law that was violated can be breached at will.  In 2013, President Obama pardoned Willie Shaw Jr., who was sentenced in August 1974 to 15 years in prison for armed bank robbery. Armed bank robbery is a lot more serious an offense than criminal contempt, but nobody argued that Obama’s pardon “demonstrates flagrant disregard for the rule of law in this country,” not even the most virulent anti-Obama Republicans. But that’s what Senator Diane Feinstein said Trump’s pardon of Arpaio was:

“Sheriff Joe Arpaio should not have been pardoned. He brazenly denied a federal judge’s court order to stop racial profiling and continued to do so until being convicted of criminal contempt. A pardon for that conduct demonstrates flagrant disregard for the rule of law in this country.”

By that a standard, any pardon is an insult to the rule of law. Does Feinstein endorse the brain-dead view of her fellow California Senator, Kamala Harris, who seemed to argue that criminals shouldn’t be pardoned? I suspect the standard they both embrace is that no conservative law enforcement official should even be pardoned for being over-zealous in enforcing a law that their party disgracefully has tried to have enforced as infrequently as possible.

This is the real hypocrisy of the critics of Trump’s pardon. Feinstein’s state is full of sanctuary cities that intentionally undermine and defy the rule of law, without a peep of protest from its two Democratic Senators. They want Arpaio to be immune from Presidential mercy, unlike the 534 draft- dodgers pardoned by Jimmy Carter, tax fugitive Marc Rich, pardoned by Bill Clinton afters ex-wife made large campaign contributions and donations to the Clinton Presidential Library, gangster union leader Jimmy Hoffa, and all the Confederate citizens and soldiers who took up arms against the United States.  They want him to be metaphorically hung up by his heels to appease their open-border, pr0-illegal immigration base, making the fervor to punish him purely political, and having little to do with respect for the rule of law, which their own position on illegal immigration proves that they don’t respect themselves.

Let me be clear. This isn’t a Rationalization #22 “it isn’t the worst thing” defense of the pardon. It is a “the attacks on this pardon are wildly disproportionate to its reality, and thus transparent political theater” indictment of the pardon’s critics. Almost every pardon can be called a rejection of the “rule of law,” if you don’t understand what the pardon power is, and politicians who have been undermining respect for  the very laws that Arpaio went over-board enforcing are the last people on earth who should make that argument. They are ridiculous in their hypocrisy.

Joe Arpaio was an arrogant, grandstanding bully and thug, and unworthy of his badge. I wouldn’t have pardoned him despite his age, but there were some good reasons for Trump to do so. It was almost worth doing just to prompt Trump’s foes and pro illegal immigration hypocrites into embarrassing themselves.

The larger ethical problem with this pardon is the one focused on by P.S. Ruckman on his Pardon Power Blog. He is correctly troubled by the fact that the usual process for Presidential pardons was not followed (Trump does not even have a pardon attorney on board yet), and that for a political ally like Arpaio to be the President’s first pardon (despite the fact that Obama didn’t pardon his first until well into his second year in office), sends a corrosive message:

Hundreds of persons have applied for clemency and have waited for years, some for 10 or 15. Imagine how demoralized they must feel now. Now, more gasoline will be poured on the classic misconception that clemency is only for famous persons, rich people, political supporters, insiders, the “connected.” It is, of course, a false narrative, but a powerful one. One that defames a wonderful check and balance and, in some instances, discourages politicians from doing anything. They err on the side of caution (they think) by showing mercy to no one, or to as few as possible.

From “The Progressive War On Free Speech” Files, The Unethical Website Of The Month: “Leave Your Dog Poop On Crissy Field”

/ Jack Marshall / 12 Comments

I’d like to take a national poll, a California state poll and a San Francisco poll asking who thinks deliberately littering the site of a planned far-right demonstration with dog shit is an ethical thing to do. I think it would tell us a lot.

Patriot Prayer, a far right group that has held several  “free speech” events in the Pacific Northwest, applied for and was awarded a permit to hold a demonstration today on San Francisco’s Crissy Field.  San Francisco’s officials, being totalitarians at heart and like their increasingly senile but steadily anti-speech member of Congress, Nancy Pelosi, hostile to the concept of free speech, tried to pressure the National Park Service to deny the group a permit. The Service, foolishly hewing to the Constitution, demurred. The city’s police department  planned for a riot.

To foil the demonstrators, an artist named (yes, I checked this one for being a hoax) “Tuffy Tuffington,” had a brainstorm, or perhaps shit-storm is the better description:  to make the beach uninhabitable for Patriot Prayer First Amendment protected proceedings, he urged San Franciscans to plan to festoon Crissy Field, which is normally a lovely beach by the shadow of the Golden Gate Bridge, with piles of their various dogs’ droppings

“I just had this image of alt-right people stomping around in the poop,” said Tuffy, a self-righteous asshole. He is convinced that this is the best way to respond to right wing extremists in the wake of Charlottesville.  Presumably, President Trump will be required under threat of impeachment to declare that there is nothing wrong with defiling a public place and breaking the law to make it impossible for a group to demonstrate, because it is a false moral equivalency to insist that all Americans have equal access to Constitutional speech. Do I have that correct, Tuffy? Continue reading →

Morning Ethics Warm-Up: 8/26/17

/ Jack Marshall / 17 Comments

Good Morning!

(My Dad was from Kentucky. He couldn’t stand Tom T. Hall…or Mitch McConnell)

1. I have been working on a legal ethics seminar for lawyers who represent seniors (I was told that the politically correct term among the groups was “older clients.” Older than what?) It is one of those areas of the law in which the usual ethics rules don’t work very well, or sometimes not at all. This anomaly requires a lawyer practicing in the field to be ready to embrace the Ethics Incompleteness Principle: to violate the letter of the professional ethics rules in the best interests of the client. For example, what does a lawyer do whose aging client lives with a son or daughter, and the lawyers sees signs of elder abuse? When the lawyer asks the client, he makes various excuses for his caretakers, and finally says that while he has been abused, it’s not serious and will only get worse if the lawyer says or does anything in response to it. Now what? The fact of the abuse, under the usual construction of the rules, is a confidence controlled by the client.

The emerging consensus is that the lawyer can ethically use the exception to confidentiality that allows an attorney to reveal a client confidence to prevent death or serious bodily injury to a “third party,” the client becoming “the third party” for his own protection.

2. A federal lawsuit was filed last week alleging that a Tennessee judge and sheriff violated inmates’ constitutional rights by instituting a program offering reduced jail time for criminals who agree to undergo vasectomies or get contraceptive implants. The suit claims the White County program amounted to “eugenics with a twist.” I don’t think it’s much of a twist; I’d say it’s eugenics, straight up. I’d assume CBS will love it: after all, eliminating criminal types is even better than eradicating Down Syndrome babies. Isn’t it?

3. Lots of people sent me this horrible story, about the cheerleader camp at a Denver area high school where young girls were being forced to do splits (it hurts me even thinking about doing splits) , with the camp’s instructor shown in a leaked video pushing down on the shoulders of a 13-year-old as she screamed for him to stop.

Boy, there is a lot of child abuse out there.

The Denver Board of Education said in a statement: “As the elected representatives for Denver Public Schools — and as the moms, dads and family members of D.P.S. students ourselves — we are deeply disturbed by the videos of cheer practices at East High School that came to our attention yesterday.”

Gee, it’s good to know that you are all disturbed that children are being tortured at schools that you are supposed to be overseeing.. This must mean you are competently doing your jobs. No, actually it doesn’t

“As the investigation continues,’’ it states, “our focus must be entirely on our students, families and educators.”

The school superintendent also said: “We have sent notification to our athletic directors emphasizing that D.P.S. does not allow the use of ‘forced splits’ or any other activity that puts a student’s physical or mental health at risk, or in which a student is forced to perform an exercise beyond the point at which they express their desire to stop.”

An Ethics Alarms note to that school system: Any athletic directors who have to be reminded that abusing children in their care, and continuing to make them perform painful acts after they have said that they don’t want to, is not something they should be doing shouldn’t be employed in the first place. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up: 8/24/17”

/ Jack Marshall / 32 Comments

The debate over what kind of tolerance is required and justified in a democracy inspired reader Chris Marschner to submit a thoughful and thought-provoking comment, as he has before, that takes the discussion in a diferent direction.  I’ll let you read it and have your own reactions; Chris needs no further preface.

Here is his Comment of the Day on the post,Morning Ethics Warm-Up: 8/24/17:

Let me begin with the question, what lies as the foundation of tolerance? Is it understanding, empathy, or a just a willingness to comprehend an alternative perspective? Perhaps it is all three. By definition, tolerance is a willingness to live and let live, so to speak. But, the notion of willingness to live and let live does not preclude the actions of those who seek to change minds through cogent rational argument.

I have listened at great length to those who oppose and support the destruction or removal of Confederate iconography in today’s world. If we start with the assumption that what is right and good will triumph over that which is bad and evil in time without the need to resolve the dispute violently we might move toward a more tolerant and enlightened social structure.

My thesis is neither a defense of nor a condemnation of societal issues that continue to pit one against another. I will merely juxtapose the historical issue which divided the nation into camps that found the practice repugnant and those that found no problem with it an a modern day issue that one group find morally repugnant while others do not and attempt to draw parallels to historical events that sanctified, or at least legitimized social behavior.

Again, I am trying not to cast any judgement on any behavior but to develop my thoughts I needed to find a modern day issue that a majority segment of our population finds morally repugnant and another minority segment sees as perfectly acceptable. I then asked myself the question to what lengths might the minority segment go should the majority segment impose its will by executive or judicial fiat? How much will the minority tolerate before it finds the political majorities imposed will too much to tolerate. What issue might create substantial animus toward the ruling segment that it too may seek to enjoin itself from laws of the land. What parallels in history do we see that might engender such animus and how might future generations view the loser if the debate escalated into a full on confrontation? Continue reading →

Morning Ethics Warm-Up: 8/25/17

/ Jack Marshall / 51 Comments

Good Morning, everyone!

[I thought I had posted this two hours ago! I’m sorry!]

1. Re President Trump’s latest anti-news media rant: American journalism’s abandonment of partisan neutrality, competence and professionalism has become the single greatest threat to the nation’s functioning democracy, along with the erosion of public trust that this has caused. I have previously endorsed President Trump’s earlier statement that the news media has become an enemy of the people it is supposed to serve. However, saying, as he did this week, that journalists don’t “love America” is incompetent and irresponsible.

But what else is new. Journalists just over-overwhelmingly hate him, and cannot muster the professionalism to do their duties fairly as a result. (Norah O’ Donnell actually interrupted Trump’s anti-journalism rant to call him a liar—nice.  A network news operation with professional standards would suspend her for that. ) To be fair to the President, his use of language and comprehension of it is devoid of nuance. I presume that to him, saying that the news media hates America, hates him, and is the enemy of the people all mean the same thing.

2. Let’s keep track of which journalists and politicians relate Hurricane Harvey to climate change, or cite the dangerous storm as more evidence that the “consensus” is correct. This is the first major hurricane in 12 years, in defiance of virtually all predictions and climate change models, which told us that the warming earth would lead to more frequent violent storms, not fewer. Of course, the sudden and unexpected dearth of hurricanes during the entire Obama administration (no, Super Storm Sandy was not a hurricane) also doesn’t prove that climate change is a crock. But every single individual, activist, meteorologist, reporter, talking head, Democrat and Al Gore Fan Club member that points to Harney and says, “See???” is proving that he or she isn’t interested in the truth, just in furthering an agenda.

3. We shouldn’t allow California to secede, but it will be tempting, if it ever comes to that. Continue reading →