Year: 2018

Saturday Ethics Warm-Up. 11/3/2018: Cohen Does What He Does, Ocasio-Cortez Mongers Hate, And Hoggett Goes Rogue

/ Jack Marshall / 8 Comments

I’ll give you a morning golden and true…

1 .Regarding Michael Cohen. The news media, Trump-haters and “the resistance’ are all giddy over Michael Cohen claiming that President Trump made racist comments in his presence. Lawyers who say such things about clients get disbarred. They get disbarred because it is proof that they lack the honesty, trustworthiness and integrity to be trusted professionals.There is no reason whatsoever to trust Michael Cohen, so relying on his account of anything is just an exercise in confirmation bias. He is not a reliable source, and what he says at this point should be taken for what it is: the latest effort by a desperate crook to somehow survive the consequences of his own low-life ways.

2. Alexandria Ocasio-Cortez easily makes my list of the dozen most unethical candidates seeking election next week; I hope to get that up soon. Here is the fundraising email the New York socialist sent out:

“Six days from now, we can defeat the brutal white supremacist forces of anti-Semitism, anti-immigrant nativism, and racism.We can hold accountable the cold-hearted monsters who have repeatedly attacked our health care. We can send a message to the bigots and billionaires that this country belongs to all of us. We can win if we show up on November 6. We must end Republican control of Congress and begin to reclaim our nation. A Democratic majority will not bring back the eleven Jewish people in Pittsburgh, massacred while they prayed. Or the two Black people gunned down days before at a Kroger grocery store in Kentucky. It won’t fully stop the relentless attacks against immigrants in America. But on Sunday evening, Pittsburgh mourners—angry and broken-hearted like us—chanted ‘Vote! Vote! Vote!’ They understand the magnitude of the midterm election six days from today: that it affords us the chance to forge a powerful bulwark against Donald Trump’s hate and hold accountable the Republicans who have been complicit in every step of his toxic, self-serving, and destructive agenda. We must offer a path out of the darkness….This is our chance to take action in solidarity with everyone whose lives are threatened by the hate-filled policies of Trump and the GOP,” she says. “Our chance to push back against white supremacist forces across our nation, against the xenophobes who are militarizing the border, against the bigots who seek to erase our transgender families, against the apologists for sexual assault and the Islamophobes who sow hate to divide us.”

I considered doing an ethics audit of this screed—remember, she’s supposed to be a rising star of the Democratic Party—but decided that any objective reader here is more than capable of doing so without any help from me. Res ipsa loquitur.

How should we characterize someone who would vote to give power to a candidate willing to sign such a message?

3.  By all means, let’s believe all female accusers...Judy Munro-Leighton, who as “Jane Doe” accused Brett Kavanaugh of rape in an email to Senator Kamala Harris, was treated as a credible accuser and caused the Judiciary Committee to question the SCOTUS nominee about her claims. Now she admits that it was all a partisan-driven lie.

Who suspected that?

She confessed to Committee investigators that she “just wanted to get attention” and that “it was a tactic.” She said she had called Congress during the Kavanaugh hearing process before the Blasey-Ford  accusation multiple times  to oppose Kavanaugh’s nomination. Regarding the false sexual-assault allegation sent to the Committee through Harris, she said: “I was angry, and I sent it out.” Asked  whether she had ever met Judge Kavanaugh, she said: “Oh Lord, no.”

Her false rape allegations against Kavanaugh had exactly as much corroborating evidence as Blasey-Ford’s: none whatsoever. Yet, still, to this second, an astounding number of smart, reasonable Democrats, especially women, argue, and presumably believe, that such an accusation–in Blasey Ford’s case, one that is three decades old and dates from high school— should disqualify a man with an unblemished adult and professional reputation from high office. And they are indignant about it, too.

I don’t get it.

Reportedly, the Senate received over a thousand claims from women claiming that Kavanaugh sexually assaulted or harassed them.

The Senate has asked for criminal sanctions against Munro-Leighton.

Good. Continue reading →

College Indoctrination: Like Water To A Fish

/ Jack Marshall / 46 Comments

Over at Campus Reform, the conservative site dedicated to spotlighting left-wing bias on college campuses, reporter Grace Gottschling has been issuing some provocative, if not exactly surprising, reports on the partisan tilt of some schools’ administration and staff. There have been three so far. Most recently, she determined that 98.4 % of University of Missouri administrators and 97.6% of faculty donated to Democratic Party candidates or causes. Previously, her research covered the University of Oregon, where 100% of administrators, and 99.95%  of faculty have donated to Democrats—she found that a grand total $35.17, .0005% of the political contributions of 201 faculty members, went to Republicans—and the University of Texas, where the numbers were 96.1% of administrators, and 93.5% of faculty supporting Democrats.

Gottschling doesn’t say it–her reports just lay out the facts—so I will. It is impossible, literally impossible, for students to receive a balanced, objective and responsible education in institutions with such unbalanced and ideologically uniform campus cultures as these. Culture’s power over human beings has been accurately described as resembling water’s relationship to a fish: it influences everything in the lives of the people in it, often with their never being aware that they are dependent on it and controlled by its limitations. You can choose your own analogies, but active indoctrination into political beliefs and partisan values is hardly necessary when uniform attitudes are all around students, displayed in subtle and not-so subtle ways, every day, all day, in class and out. Continue reading →

Ethics Dunce, Halloween Division: South Carolina U.S. Rep. Mark Sanford

/ Jack Marshall / 9 Comments

As we all know, do we not, Mark Sanford is weird. He is the former rising star in the GOP firmament who seemingly threw away his career and reputation to unite with his South American “soul mate,” going AWOL while governor as he went south of the border for an adulterous  tryst (using state funds) while his aides told the news media, “Governor? Governor? I’m sure he’s around here somewhere!” He had to leave office, of course, but the forgiving (comatose?) South Carolina voters actually trusted him again and elected him to Congress, only to turn on him in the recent primary for being an outspoken NeverTrumper.

Now we learn that for Halloween, he left a basket of yummy holiday Constitutions outside his office, complete with a witch’s hat, tweeting,

Happy Halloween. Accordingly, Pocket Constitutions are at the ready for today’s trick-or-treaters.

Ugh.

1. The U.S. Constitution is not a Hershey Bar.

2. People who co-opt the tradition of Halloween to exploit their own interests and hobbyhorses, be it dentists who give out dental floss to the kids at their door, religious zealots who hand out Bibles, or  those who guilt children into ringing bells for UNICEF or other charities instead of letting them have fun, really have an ethics screw loose somewhere. It’s the kind of thing Ebenezer Scrooge would have done, and maybe he did, except that Chuck never got around to writing, “A Halloween Carol.”

A special ethics demerit goes to every member of the lame duck’s staff, none of whom were able to talk their boss out of this stunt.

Appreciation is due to Jonathan Turley, who flagged this crime against little goblins.

Welcome To Grandstanding And Virtue-Signaling Creep!

/ Jack Marshall / 7 Comments

A San Francisco 49ers cheerleader “took a knee” during the National Anthem ahead of the team’s Thursday night game against the Oakland Raiders yesterday.

She should be fired. She isn’t employed to indulge her personal political leanings in public, and this is no more appropriate than raising a sign advertising a candidate for office or one extolling the value of Cheetos. There is no right to appropriate one’s workplace on the job for an expression of personal social or political views.

How can the 49ers fire her, though? They haven’t punished any football players for taking the same, arrogant, intrusive liberty. The team would be called sexist. Other cheerleaders would kneel in solidarity. The players would also rally to her support. Next the team will have vendors and ushers kneeling. President Trump will probably tweet some offensive comment, like “Fire the bitch!”

All of this, because the 49ers didn’t have the guts, foresight, commons sense and respect for their paying customers to discipline Colin Kaepernick the first time his knee hit the field, and lay out the basic conditions of his employment in case he was under some delusion that he had a right to do such a thing.

 

Morning Ethics Warm-Up, 11/2/18: Democratic Dinners, TV Weatherman Edicts, Truth As Racism, And More

/ Jack Marshall / 24 Comments

Good Morning!

I see that the October jobs report this morning is spectacularly good, with 250,000 jobs added. It is amazing that so many Americans are going to vote against Republicans in the midst of such a strong economic surge following the end of Obama’s recovery-strangling policies. The lesson for future leaders, perhaps, is that the public cares more about a President constantly acting like an asshole than they do about what he accomplishes. From an ethics point of view, I would see that as a positive development, if I didn’t strongly suspect that the real reasons for apparent votes against self-interest are 1) that the news media isn’t reporting the economic news with anything like the enthusiasm it would if this were a Democratic administration, 2) that people really believe the ridiculous spin that this is somehow an Obama recovery, and 3) that so many young Americans have been indoctrinated into socialism that even as Venezuela crumbles, they are still buying the fantasy.

1. Next try: The Oprah-Jennifer Lawrence Dinner. This is pretty funny. Following the lead of other Democratic state organizations, The New Hampshire Democrats insulted the party’s two founders, Presidents Thomas Jefferson and Andrew Jackson, also two of the nation’s greatest leaders, by removing their names from the annual party dinner.  For 2017, the event was renamed…wait for it!…the Kennedy-Clinton Dinner! Yup, two serial sexual assaulting misogynists, assuming it’s Jack and not Teddy being honored, in which case it’s a negligent killer, for the Party of Women. What a brilliant choice! How can anyone not vote for a party capable of a decision like that? But for some reason, as the Harvey Weinstein Train Wreck rolled along, the new name came under criticism. Who could have foreseen that? So the dinner has been renamed again; now it’s called the Eleanor Roosevelt Dinner, after the cruelly-treated wife of another Democratic icon.

2. Who makes these rules? Why, Al Roker, that’s who! After he was called a hypocrite on social media for dressing up as “Doc Brown,” the Christopher Lloyd character in the “Back to the Future” films—Al, you will recall, helped get Megyn Kelly fired for saying that a white person could impersonate a black character using dark make-up without engaging in racially offensive conduct—tweeted,

“I’m going to say this one last time, but the folks who get it, understand and the ones who DON’T, won’t. I can be Doc Brown, and I wear the outfit and wig and not change my skin color if you’re white , you can be President Obama if you want. Just don’t color your skin!”

Wait: what about hair, Al? I’ve read that it’s racially offensive for a white person to wear a black-hair wig, like an Afro or Bob Marley hair. But it’s okay for you to wear a crazy old white guy wig?

Why, Al? For that matter, why isn’t wearing make-up that allows someone to actually look like the person or character he or she is portraying acceptable? Who makes these rules? Oh! Right! You do!

When I first saw that picture, I didn’t know who the hell Al was playing. I thought it might be Michael Jackson if he had lived, let himself go, and grew his nose back. Continue reading →

Is Continuing Legal Education A “Farce”?

/ Jack Marshall / 17 Comments

Continuing legal education, or as it is fondly called, CLE, began being a staple of bar membership in most states by the 1980s. The theory is that the law is always changing and new developments in case law and practice resources are essential for lawyers to know about, so in order to keep practicing in good standing, lawyers should be required to take a set number of training hours to keep up with current techniques and information. The practice is also designed to emphasize the law’s position as a self-regulating profession with exemplary dedication to excellence.

AND the new system allows the bar associations to require the purchase of a product the associations themselves develop, provide, and most important of all,  charge for.

Most lawyers, it is fair to say, loathe mandatory CLE requirements. They resent the time and expense, and generally feel that having to take the courses is an insult.

Yesterday a Virginia lawyer named Paul Sherman—he might even have attended some of my courses!–laid out on Twitter his brief that CLE course are a “farce that do nothing to protect the public and impose big social costs.: Right wing blogger and law prof Glenn Reynolds endorsed the screed, calling CLE a scam. I teach about 45 CLE seminars a year on legal ethics, and I’ve spoken on the subject to the CLE providers association, so this obviously piqued my interest.

Here is Sherman’s argument (and by the way, Twitter is a ridiculous platform for extended commentary):

Since I’ve just finished my last Continuing Legal Education class of the year, allow me to say that these requirements are a farce that do nothing to protect the public and impose big social costs. For those of you who aren’t lawyers (who know this already), allow me to explain.

To continue practicing law in the Commonwealth of Virginia, I am required each year to take 12 hours of continuing legal education (4 of which must be live) by Oct. 31. Collectively, Virginia lawyers lose more than 290,000 work hours to CLE every year. Almost every lawyer I know satisfies these requirements in the same way: by buying whatever CLE courses are cheapest, regardless of subject. This is not at all surprising, because competent lawyers already stay on top of developments in their practice areas.E.g., I exclusively practice constitutional law, but this year I took CLE courses in international taxation, asset protection planning, independent contractor compliance, etc. None of these have anything to do with my practice, and the VA Bar does not care!

Consider also the direct and indirect monetary costs. Let’s say CLE packages cost $100. According to the National Consumer Law Center, in 2015-2016, the average attorney in Virginia charged $358/hr. That means the cost of these requirements is almost $4,400 per attorney. The total cost for all Virginia lawyers is about $106 million. Yet, of that, only $2.4 million ends up in the pockets of CLE providers. The rest is just value that has been destroyed. Even if we assume (with extreme generosity) that lawyers would voluntarily pay for 6 hours of relevant CLE each year, you’re still losing $50 million in value per year (which is almost exactly Virginia spends on indigent defense annually). In short, we would all be better off if Virginia ended this farce, abolished mandatory CLE, and instead required every Virginia lawyer to send an extra $100 to the Bar and/or to set $100 on fire.

This seems to have touched a nerve, so let’s make this an actual thing. Contact your state bar (mine is @VAStateBar) and tell them to end the shakedown. #EndMCLE!

Continue reading →

Morning Ethics Warm-Up, 11/1/2018: Battling Toddlers, Racist Lemons, And Justices In Love

/ Jack Marshall / 83 Comments

Welcome November!

1. Warm-Up musings…I suspect that the Warm-Up format costs the blog traffic, potentially a lot of traffic. If each was broken into components and posted individually, there would be a lot more clicks. Of course, I wouldn’t have time to post each separately—I estimate that a single post adds 15 to 20 minutes to the process—and there would be fewer issues covered. Capturing more of the events and issues that get into my files is one of the main reasons I started this. A better blog but less appreciated? Nah, I’m not going to measure success by traffic, as tempting as it is. I resist click-bait—there are topics that guarantee flood of comments—and don’t resist posting analysis that I know will cost me followers: I literally watch the numbers go down. And, of course, there are once regular readers who have fled because I have been consistent in my approach to the Trump Presidency, and regard his treatment by the “resistance,” Democrats, progressives and the news media as a national ethics catastrophe, irrespective of his own neon flaws. They fled, in part, though they will not admit it, because they simply could not muster valid arguments for why this President did not deserve the same presumptions of good will, good effort and public loyalty as every other President, traditional benefits that are essential to the office working and the nation thriving. What they represented as arguments were really presumptions of guilt and the byproduct of hateful group-think magnified by confirmation bias. I hope they eventually get well, and that when they do they aren’t too remorseful for being appropriated by an angry mob.

In the subsequent items, I’ll briefly explain why they are here rather than in a full post.

2. Unethical quote of the week: Don Lemon. Again. Earlier, Lemon said on his CNN platform,

“We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them. There is no travel ban on them. There is no ban — you know, they had the Muslim ban. There is no white-guy ban. So what do we do about that?”

Like so much Lemon says, this was incoherent, biased, and intellectually lazy. He said to stop demonizing people, and demonized a gender and race in the same sentence. “Start doing something” is typical political humming: do what, exactly? Lock them up? What? Any fool can say “Do something!”, and Lemon is just the fool to say it.  The travel restrictions are a non-sequitur, the kind of lame-brained argument that social media advances in memes and “likes.” Those restrictions involve non-citizens and their ability to immigrate. It was not based on race or ethnicity, but nation of origin. It’s an ignorant and misleading statement. “There is no white-guy ban. So what do we do about that?” is flat out racist, and intended to be—unless Lemon can’t speak clearly, which you would assume is a job requirement. A responsible news organization would have fired him, but he’s black and gay, so that’s not going to happen.

Then he came back and said this:

“Earlier this week, I made some comments about that in a conversation with Chris [Cuomo]. I said that the biggest terror threat in this country comes from radicals on the far right, primarily white men. That angered some people. But let’s put emotion aside and look at the cold hard facts. The evidence is overwhelming.”

Continue reading →

The Astounding, Clueless, Unethical And Doomed Hiring Of Brodie Van Wagenen

/ Jack Marshall / 15 Comments

‘Conflicts of interest? I have no idea what you mean…’

Disclaimer: This is NOT a baseball ethics post. This is a business ethics post about a major ethics issue,  and the business happens to be a major league baseball team.

This week the New York Mets stunned the baseball world by hiring Brodie Van Wagenen—that’s him on the left—as its new general manager.

He is not only being hired to manage the business of a major league baseball team without having ever worked for a baseball organization in any capacity. That would be strange enough. He is also a player agent who has been the representative of several key players currently under contract to the Mets, meaning that he acted for them in negotiating against the team he now heads.Van Wagenen made $25 million in commissions last year on player contracts.

Anyone whose ethics alarms weren’t set ringing like the bells during the Great Chicago Fire by the Mets decision doesn’t understand what a conflict of interest is. Guess who this category includes. Yup: Van Wagenen and the New York Mets.

In a press conference at Citi Field, Mets executives were asked about the conflicts issue, which should have been predictable, mandating a careful, thorough answer.  As a player agent for Creative Artists Agency (Van Wagenen has divested himself of all shares in the company and future commissions…at least he figured out that much) Van Wageman’s responsibility was to negotiate the most lucrative contracts for his clients. As the a general manager for the New York Mets, his responsibility is to build a successful team within its resources, regardless of the best interests of his former clients, the players he worked with over the past 18 years. When the “C” word was raised bu reporters,  Mets President Fred Wilpon interrupted before Van Wagenen could answer  and said that he had spoken with the commissioner’s office and Major League Players Association chief Tony Clark, adding, “We have provisions in Brodie’s contract to deal with any conflicts of interest.”

Oh! Well never mind then! The contract deals with it, and the Mets have spoken to people! All taken care of!

Neither Wilpon nor Van Wagenen would say what those provisions were, but I guarantee this as an ethics specialist: the only provision that could effectively deal with Van Wagenen’s conflicts would be “Van Wagenen can’t be the Mets general manager.” Continue reading →

Unfinished World Series Ethics Business

/ Jack Marshall / 5 Comments

Today the victorious Boston Red Sox took their now traditional duck boat parade through Boston and down the Charles River, so even for the Sox, the 2018 season is officially done.  My job isn’t however, because there were two striking examples of moral luck and consequentialism during the World Series, and apparently I was the only one who noticed.

I. The “Bad News Bears” moment.

When Red Sox Game 4 starter Eduardo Rodriguez surrendered what seemed at the time to be a decisive three-run homer to Yasiel Puig, putting the Sox behind in the 6th inning 4-0, he angrily hurled his glove to the mound. Commentators joked about how he resembled the Bad New Bears’ combative, potty-mouthed shortstop Tanner in the Little League classic, but other than the ribbing, nobody criticized “E-Rod.” Indeed, his manager, Alex Cora, exonerated him for the home run, saying that he, the manager, screwed up by letting his tiring pitcher face the dangerous Puig.

Yet earlier this season, Boston reliever Carson Smith, regarded as an important member of the Red Sox relief squad, threw his glove in the dugout after giving up a home run, and partially dislocated his shoulder. He was lost for the season, and both team officials and Boston sportswriters blamed Smith for his injury. He injured himself you see. It was stupid and selfish, and showed him to be unprofessional and untrustworthy. Many thought Smith should be fined, or even released. Yet it was a completely freak injury. It wasn’t as if Smith had punched a wall or a water cooler. Baseball players throw their gloves all the time, and I’ve never seen it injure anyone. So why was Carson Smith treated as a pariah for throwing his glove, but Eddie Rodriguez doing the same thing shrugged off? The only reason is that Smith’s angry gesture happened to injure him , which nobody, including Smith, could have predicted. In fact, Rodriquez was more, much more, irresponsible than Smith, because he knew throwing a glove could cause an injury. He knew, because it happened to Smith. Continue reading →

Halloween Ethics Warm-Up, 2018: Problematical Communications Edition

/ Jack Marshall / 28 Comments

Boo!

1. How can CNN, or anybody, continue to justify employing Don Lemon as a “journalist”?

He defaults to emotion regularly. He is incapable of objectivity. His partisan and ideological bias is palpable. ( He gets drunk on the air every New Years…) And he says idiotic things like this. Good for Scalise, the perfect individual to flag Lemon’s incompetence. His Twitter followers have also noted many other cases of Democrats “killing people.” Or is Lemon and CNN going to stand on the fact that nobody was killed by the Bernie Sanders-supporting sniper who seriously wounded Scalise? I wouldn’t be surprised.

2. Stop making me defend Hillary Clinton! During an interview with Recode executive editor Kara Swisher (full disclosure: I had some unpleasant experiences dealing with Swisher in her Washington Post days, and wouldn’t trust her to walk my dog around the block.)  in New York City over the weekend. Swisher asked Clinton a question regarding a quip that was previously made by Holder, but mistakenly attributed it to Senator Spartacus, Cory Booker. “What do you think of Corey Booker … what do you think about him saying ‘Kick them in the shins,’ essentially?” “Well, that was Eric Holder,” Clinton said. “Yeah, I know they all look alike.” “No, they don’t,” Swisher responded.

Now Clinton is being called “insensitive” by her party’s political correctness posse. It was a joke, and also a rebuke of Swisher. The former was absolutely fine (and funny); the latter was a mean-spirited “gotcha!” suggesting unfairly that Swisher thinks of all blacks as fungible, a bigoted attitude, when she just made a mistake. (I get Cory Booker confused with Kirk Douglas sometimes.) Then Swisher turned the finger-pointing back on Hillary, implying that Clinton meant her remark literally rather than sarcastically. Continue reading →