Comment Of The Day: “Regarding Hormone Restrictions In Women’s Sports”

Heidi/Andreas Krieger, Esat German women’s shotput champion

There were an unusual number of superb comments on this topic. This one is a worthy representative of them all.

Here is Sue Denim’s Comment of the Day on the post, Regarding Hormone Restrictions In Women’s Sports:

While I strongly support the use of science and evidence to make these decisions – this stinks to high heaven. The books were cooked, and very obviously so.

”One of the world’s most respected sports lawyers has quit his position on a committee of the governing body of international athletics, slamming the controversial new rule that is believed to target gold medal-winning South African runner Caster Semenya.”

Four months after being appointed to the IAAF’s disciplinary tribunal, Steve Cornelius said “in good conscience” he could not continue in the role.”

Without going into allegations about “real reasons”, let’s just look at the facts.

“A peer-reviewed article co-authored by Dr Bermon and published in the British Journal of Sports Medicine found female athletes with high testosterone had the greatest advantage in the pole vault and hammer throw, yet these events were not included in the newly created “restricted events” category.

The IAAF’s investigation also found no advantage in the 1,500 metres event but it was included..”

Let’s look at the evidence of advantage. Continue reading

Ethics Heroes: Good Trump, Bad Trump

Integrity among professionals and journalists is in short supply in the Trump Era, as  bias, especially partisan bias, increasingly rules the loyalties, judgment  and minds of all but a few. Here are a couple recent examples of those few…

Ethics Hero: Ian Bremmer

Foreign policy expert and Eurasia Group President Ian Bremmer, often a harsh critic of President Trump,

…Unequivocally credited the President for the major diplomatic breakthrough with North Korea.

…chided those refusing to give him proper praise for the achievement, and

…did this on MSNBC, where fairness to President Trump is as welcome as an evolution lecture on the “700 Club.”

Bremmer told a shocked Stephanie Ruhl:

“But we have to give him credit. Look, as you know, I’ve been critical of President Trump probably 90% of the foreign policy decisions he’s made since he’s become president. Not the whole administration, but certainly stuff he said. But on this issue, on North Korea, the only way you say that Trump isn’t part of it is if you’re just a partisan, if you’re just being illogical. And that’s not – I mean, I understand that that’s good for eyeballs, but it’s not good for our country.”

Wow! What a concept! Continue reading

A Particularly Sad Ethics Dunce: Senator John McCain

As I already have noted here more than once, Senator John McCain’s ethical course was to resign from the Senate even before he got his brain cancer diagnosis, and definitely afterward.  He is a courageous and admirable man in many ways, but the one of the hardest duties in life is to give up power and influence, and say goodbye when the time comes. The senator is not alone in failing this ethics test, indeed he is in distinguished company: FDR, Babe Ruth, Frank Sinatra, Muhammad Ali, Lawrence Tribe,  Clarence Darrow, too many Supreme Court justices, including a couple current ones, and lots of U.S. Senators. Nonetheless, it is a failing, and in McCain’s case the failing has been compounded by his regrettable decision to use his status as a dying man to exploit the reluctance of critics to address the wrongdoing of the afflicted. He has decided top settle old scores in his final days. The conduct is petty and erodes his legacy, as well as the respect he had earned in his long career of national service. It is too bad.

Much of McCain’s self-indulgence is directed at President Trump, whom he is now insulting with mad abandon, banning him, for example, from the Senator’s funeral in advance. This is vengeance, nothing more ennobling, for Candidate Trump’s outrageous disrespect toward McCain and other prisoners of war when Trump said that he did not regard them as heroes. McCain revenge is thus a display of the kind of non-ethics Donald Trump believes in: tit-for tat, mob ethics, hit ’em back harder. The political theme since November 2016 is that the President’s enemies cannot resist lowering themselves to his level, or in some cases, below it. Strike-backs from beyond the grave are particularly unbecoming, but McCain is seething, and apparently can’t muster the other cheek, graciousness, or statesmanship. Too bad. Continue reading

Sunday Morning Ethics Warm-Up, 5/6/2018: Moore, Marx, Polls, And #MeToo And Legal Ethics Don’t Mix

Good Morning!

1. Remember, this creep is a popular and influential “progressive.” Here was what Michael Moore tweeted yesterday on Karl Marx’s birthday:

“Happy 200th Birthday Karl Marx! You believed that everyone should have a seat at the table & that the greed of the rich would eventually bring us all down. You believed that everyone deserves a slice of the pie. You knew that the super wealthy were out to grab whatever they could.”

Nobody who spins Marx this way after his abstract theories were used to enslave and kill millions while leaving nations devastated and impoverished is worthy of respect, or indeed anything but horror. Such a statement requires ignorance, delusion, dishonesty or idiocy, probably all three. Moore is the Left’s Richard Spencer.

Birthdays deserving of more public remembrance than Karl’s: Arnold Stange, Harold Staasen, Melody Patterson, and Phil Linz, among others, as well as every world citizen who lived his or her life without playing a role in making the planet more miserable. Continue reading

Morning Ethics Warm-Up, 5/5/2018: “Why We Can’t Have Nice Things” Edition

Good Morning!

(I’m happy to report that my Clarence Darrow ethics program for a lawyer group yesterday in Annapolis was received wonderfully, in no small part due to actor Paul Morella’s moving and powerful recreations of Darrow’s courtroom oratory. As is often the case, attendees said that they didn’t realize a legal ethics presentation could be so interesting. If fact, there is no excuse for any kind of ethics NOT being interesting…)

1. I call this “cultural defacing.” At 10:30 last night, I watched the end of “The Princess Bride,” and was thrilled to arrive just as the final showdown between Ingo Montoya (Mandy Patinkin) and Count Rugen (Christopher Guest). Here is the scene, a classic one, which begins with the Count apparently fatally wounding Inigo with a dagger:

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Inigo advances on Rugen, but stumbles into the table with sudden pain. Rugen attacks, but Inigo parries and rises to his feet again]

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Rugen attacks again, Inigo parries more fiercely, gaining strength]

Inigo Montoya: Hello! My name is Inigo Montoya! You killed my father! Prepare to die!

Count Rugen: Stop saying that!

[Rugen attacks, twice. Inigo avoids and wounds Rugen in both shoulders. Inigo attacks, bellowing:]

Inigo Montoya: HELLO! MY NAME IS INIGO MONTOYA! YOU KILLED MY FATHER! PREPARE TO DIE!

[Inigo corners Count Rugen, knocks his sword aside, and slashes his cheek, giving him a scar just like Inigo’s]

Inigo Montoya: Offer me money.

Count Rugen: Yes!

Inigo Montoya: Power, too, promise me that.

[He slashes his other cheek]

Count Rugen: All that I have and more. Please…

Inigo Montoya: Offer me anything I ask for.

Count Rugen: Anything you want…

[Rugen knocks Inigo’s sword aside and lunges. But Inigo traps his arm and aims his sword at Rugen’s stomach]

Inigo Montoya: I want my father back, you son of a bitch!

[He runs Count Rugen through and shoves him back against the table. Rugen falls to the floor, dead]

Except “you son of a bitch” was cut!

We settled this when the TV showing of “Gone With The Wind” let Clark Gable’s iconic exit line, “Frankly my dear, I don’t give a damn” remain uncensored, and later,when John Wayne as Rooster Cogburn uttered the words, “Fill your hand, you son of a bitch!” before charging Ned Pepper and his gang. It is unfair and disrespectful to wreck the best work of writers and actors for the few remaining people on earth who take to their fainting couches when rude language meets their ears. You don’t edit Rhett, or Rooster, or Inigo, or even John McLane when he says, “Yippee ki yay, mother fucker!” Show the movie, or don’t show the movie, but don’t ruin the movie for the most easily offended in the audience. Continue reading

“Cultural Appropriation” Indoctrination From Gonzaga University

From Campus Reform, one of two useful websites that peers into the sick culture of many indoctrinating left-wing educational institutions (the other is Campus Reform) comes the release of this jaw-dropping memo sent to students at Gonzaga University:

That Facebook entry links to a website listing “6 Ways To Celebrate Cinco de Mayo Without Appropriating The Mexican Culture.” The Gonzaga Facebook page includes a graphic with such advice as “don’t you dare put on that ‘sombrero,’” “acknowledge the stereotypes you have internalized and discover why they are problematic,” ““donate to organizations working for immigrant rights,”  and  “support AUTHENTIC Mexican businesses,” although “CHIPOTLE DOESN’T COUNT.”  “Try a family-owned restaurant run by actual Mexican people (They have better food anyway. We promise.),” the graphic says. “Maybe even enjoy some authentic Mexican music.”

My immediate reaction to this ham-handed, bigoted message would be, after the obligatory “Bite me!,” to have lunch at Taco Bell, pull out those old Bill Dana comedy albums,  and to watch “The Three Amigos.” Oh, and I will put on a sombrero (I own a great one, as well as an authentic Sioux headdress, three cowboy hats, a fez, a Viking helmet (not so authentic), a beret,  and Kaiser Wilhelm helmet, and a jester’s cap), because I will wear anything on my bald head that I goddamn please, and if my attire offends someone, that’s their problem. I don’t wear any of those costume pieces as insults, and as a member of the world community, I will borrow, honor, emulate and appropriate whatever part of it that appeals to me. For I am a free citizen of the United States of America, and don’t order me to express myself as you would prefer. Continue reading

Morning Ethics Warm-Up, 5/4/2018: White Artists, Black Artists, Brain Damage And The Mad Midnight Pooper

Good Morning!

(On the way to lovely Annapolis, MD to present my Clarence Darrow legal ethics program, along with D.C. actor Paul Morella, the real star of the day and the best Clarence Darrow portrayer alive. Paul starred in my 2000 original one-man show about the iconic lawyer-rogue, and has been performing it for lawyer groups and bar associations ever since.)

Déjà vu!  I would write a full post about this, but you can essentially go to all the football head trauma essays, search and replace NFL with NHL, and you’ll pretty much have it. The New York Times reports on a 53 year old ex-pro hockey player whose brain yielded evidence of CTE, and evidence is mounting the the violent sport is doing damage to players similar to what the NFL denied for so long. Right now, the National Hockey League is denying it too:

To the N.H.L. and its commissioner, Gary Bettman, the diagnosis is likely to be the latest piece of evidence to dismiss or combat. Even as links build a chain bridging the sport to C.T.E., the degenerative brain disease associated with repetitive head trauma, and some of the game’s most revered names push the league to take a more open-minded approach, the N.H.L. has denied any connection between long-term brain damage and hits to the head.

The N.F.L. did the same, for many years, until the evidence became too overwhelming, the numbers too much to counter with plausible deniability. Facing a huge class-action lawsuit, the N.F.L. eventually admitted to the connection and agreed to a roughly $1 billion settlement with former players. (That has not kept the sides from continuing to fight over the payouts, amid accusations of fraud and intimidation.) The N.H.L., following the N.F.L.’s strategy of about a decade ago, still contests any role in the burgeoning science of C.T.E., in the courts of law and of public opinion.

What’s going on here? Violent pro sports are popular and profitable, so they will continue maiming players and devastating their families until the public finally refuses to have blood on its hands. It will take a while, and many lives will be destroyed, but in the end, football and hockey are going to have to be responsible, and also held responsible for the carnage their greed has caused.

2. Yeah, I’m being unfair and partisan when I accuse progressives of being hostile to free speech and diversity of views… A hip-hop and R&B radio station in Detroit has announced that it won’t play Kanye West’s music. The alleged justification was the rapper’s dumb remarks about slavery. On “TMZ Live,” West said,

“When you hear about slavery for 400 years. For 400 years? That sounds like a choice. Like, you were there for 400 years and it’s all of you all? You know, it’s like we’re mentally in prison. I like the word prison ’cause slavery goes too — too direct to the idea of blacks.”

That’s pretty stupid for sure, but hardly any more stupid than the kinds of things West has been saying his whole career as his fans cheered him on. He’s welcome to hijack a telethons to say, for example, that President Bush intentionally let blacks die after Katrina, but this goes too far. (Someone please explain to me exactly what he thought he was saying, if you have time.) Continue reading

Halsey’s Lament And The Great Hotel Shampoo Ethics Challenge

When pop star Halsey took to Twitter to complain that the shampoo and conditioner typically made available to guests in hotel bathrooms are useful, if at all, only to women with “white people hair,” the immediate reaction in many quarters was that the race-victimization industry must be running out of outrages. “I’ve been traveling for years now and it’s been so frustrating that the hotel toiletry industry entirely alienates people of color,” she tweeted. (No, I never heard of her before either.) “I can’t use this perfumed watered down white people shampoo. Neither can 50% of ur customers. Annoying.” First she was accused of being white—she isn’t, believe it or not—

—then she was mocked for being ridiculous: surely the rich celebrity can afford to travel with her own hair products! But when one ponders a bit, Halsey has raised an interesting ethics dilemma.

After the commentary got rolling on social media, black women and women who were of mixed race genetic make-up spoke up to say that the singer was right: unless a woman had generic Caucasian hair, those little bottles make a mess of her coiffure.  “We’re not all millionaires, yet we all do stay at hotels and would appreciate if the shampoo didn’t turn our hair into Brillo pads,” wrote a Twitter user.

“Who knew me acknowledging that white hair care products are the national standard (while POC are confined to a tiny aisle) would piss so many people off. Not sorry,”Halsey persisted.  “If white ppl can enjoy the luxury/convenience, there should be an option for everyone to. It’s an ‘insignificant’ example of a bigger problem. That’s all!”

 Another fan wrote: “You need to remember this is one of the many small things that POC go through that makes them feel like we don’t matter enough to be catered to. It’s a microaggression.”

Is it really a microaggression? Or is it it just one of those realities of not being the majority that minorities have decided they should protest to bend society to their will? Is the fact that so many tools, appliances and other daily necessities are made for right-handed people a sign of hostility, or just a rational business decision? Hotel shampoo isn’t great (being bald, I find it makes good bubble bath, however), but it’s provided for those who want to use it. The “we’re not all millionaires” argument for the average person staying in a luxury hotel like the ones Halsey stays in is a stretch, but nonetheless, is it fair that hotels cater to the needs of the majority of women while ignoring the special needs of a minority? On the other hand, is it reasonable to expect hotels to spend the extra money to make multiple varieties of conditioners and shampoos available so no one feels discriminated against? Should I have to pay extra so Halsey isn’t offended?

Coincidentally, this week also brought the news that many hotels, as a cost saving initiative, were eliminating the small bottled entirely in favor of wall dispensers. I could easily see enough social justice warrior indignation being raised over racist shampoo that hotels decide, “Oh the hell with it. Let’s just stop stocking the stuff.” Would minority activists consider this a victory? Jack can’t enjoy his bubble bath any more because hotels had to choose between providing a tiny amenity to the vast majority of its guests and getting accused of “microaggression,” or spending a fortune to stock their bathrooms with sufficient varieties of hair products that nobody could complain of discrimination?

The controversy is really a smaller and more trivial version of the wheelchair-accessible transportation problem that I last wrote about here. I concluded then,

There are now 655 wheelchair accessible taxis in the New York city area.  I’d love to see statistics on how often they are used by the passengers they are designed to serve.  My guess: not that often. As much as anything else, this is an interest group power-play. It is discrimination, they insist,  if handicapped passengers have to wait longer than non-handicapped. New York’s Taxi and Limousine Commission has proposed broad new requirements for wheelchair-accessible service for the entire for-hire industry including Uber and the other ride-hail companies. Naturally: they want to put ride-sharing companies out of business, and this could do it.

Government has a legitimate interest in making basic public accommodations reasonably and sufficiently accessible to citizens with handicaps, to the extent this is possible and financially feasible without reducing reasonable access for the non-handicapped majority, or putting companies out of business that can’t reasonably be expected to make expensive mandated adjustments. The government does not have an obligation to spend taxpayer dollars and to bully businesses so the handicapped can avoid all of  the inconveniences attendant to their misfortune. Nor is it the government’s function to ensure that handicapped citizens don’t have to plan their days.

Or that people with frizzy hair don’t have to carry their own shampoo and conditioner when they travel.

I can’t see without my glasses, and can’t wear contacts. If I go to a 3-D movie, I am very uncomfortable wearing the 3-D specs over my own glasses.  Isn’t that unfair? Isn’t that a microaggression against my handicap? Shouldn’t the theaters be forced to provide 3-D glasses that I can use as comfortably as anyone else? How is that argument any different from the protests of the Frizzy Hair Activists?

Halsey put her Twitter-finger on an ancient questions that divides nations, religions and ideologies. Is fairness possible, when everyone’s needs and expectations are different?

TO THE POLL!!!

Morning Ethics Warm-Up, 5/3/2018: Katie’s Rationalization, Teachers’ Extortion, Rudy’s Zugswang, And Kanye’s Influence

Goooood morning!

(I thought it was time for “Singin’ in the Rain” again. Of course, it is always time for “Singin’ in the Rain”…)

1. And that’s when you know…When alleged sexual harassers are accused, the way you know whether they are guilty or not often depends on whether the floodgates open, and large numbers of other women step forward. This was Bill Cosby’s downfall. Now we learn that 27 more victims of Charlie Rose have raised their metaphorical hands. Sorry, Charlie!

The mystery to me is why  current and former colleagues of outed abusers and harassers so often rush to defend them, even post #MeToo, and even women. I suppose is cognitive dissonance again: the defenders have high regard for the harasser, and simply can’t process the fact that they may have been engaged in awful conduct. Katie Couric’s defense of Matt Lauer, however, is especially damning.

Variety reported that Lauer’s office had a button that allowed him to remotely lock his office door when he had female prey within his grasp…

“His office was in a secluded space, and he had a button under his desk that allowed him to lock his door from the inside without getting up. This afforded him the assurance of privacy. It allowed him to welcome female employees and initiate inappropriate contact while knowing nobody could walk in on him, according to two women who were sexually harassed by Lauer.”

Yet on “The Wendy Williams Show” this week, Couric “explained”…

“I think the whole button thing, you know? I think — NBC — a lot of stuff gets misreported and blown out of proportion. A lot of NBC executives, they make it sound like some kind of den of inequity. I don’t know what was happening. A lot of NBC executives have those buttons that opened and closed doors… They did. I mean, it was really just a privacy thing. It wasn’t..Honestly I think it was an executive perk that some people opted to have and I don’t think it was a nefarious thing. I really don’t. And I think that is misconstrued….”

Wowsers. First, Couric is intentionally blurring the facts, using “open and close” as a euphemism for “unlock and lock.” I guarantee that no button would cause the office door to swing open or swing closed, as Couric suggested. I’ve searched for such a device: all I can find are remote office door locking mechanisms. Second, while it is true that other NBC execs once had that feature, it appears that Lauer was “was one of the few, if not the only, NBC News employee to have one,”a senior NBC News employee told the Washington Post.

Second, Couric is engaging in The Golden Rationalization: “Everybody does it.”

2.  Extortion works! Arizona’s governor signed a 9% pay increase for the state’s teachers, because the teachers engaged in a wildcat strike, kids were missing school, and parents couldn’t go to work without their state funded child-sitters. I’m not going to analyze whether the teachers demands were right or wrong, because it doesn’t matter. The teachers’ tactic was unethical, just like the Boston police strike in 1919 was unethical, just like  the air traffic controllers strike in  1981. In the former, Massachusetts governor Calvin Coolidge (what happened to that guy?) famously fired all the striking cops, saying in part that  “The right of the police of Boston to affiliate has always been questioned, never granted, is now prohibited…There is no right to strike against the public safety by anybody, anywhere, any time.” President Reagan quoted Cal when he fired the air traffic controllers and eliminated its union.

Striking against children and their education is also a strike against the public safety. What now stops the teachers, in Arizona or anywhere else, from using similar extortion tactics for more raise, policies they favor, or any other objective?  What was lacking here was political leadership possessing the integrity and courage to tell the teachers to do their jobs during negotiations, or be fired.

This precedent will rapidly demonstrate why public unions are a menace to democracy Continue reading

Farewell To The Boy Scouts

I’m leading off the day with this topic. My Dad, who would have turned 98 yesterday had he survived that long, would have wanted me to, I think.

The Boy Scouts, he made clear, taught him much of what he learned about being a man, an American, and an honorable citizen. The organization gave a young, physically unimpressive, lonely kid whose father had abandoned him and whose mother was moving between jobs and apartments during the Depression a place to meet the life-long friends who supported each other for more than 70 years, and most of all, to learn basic ethical values. Dad was certain that he might have ended up in jail without the Scouts: he was suspicious of authority, headstrong, and kept his own counsel. He definitely would not have had a family, as he was bitter about his own father’s betrayal. Thanks in great part to scouting, Jack A. Marshall, Sr. was a war hero, a Harvard grad, a lawyer, but most important of all to himself and to me, a loving, supportive, dedicated father.

So, in a way, I owe my life to the Boy Scouts as well. I joined the organization for a while, but outside of having the Boy Scout Law [“A Scout is Trustworthy, Loyal, Helpful, Friendly, Courteous, Kind, Obedient, Cheerful, Thrifty, Brave, Clean, and Reverent.”] engraved on my brain for life, it wasn’t my thing. My son never wanted to get involved at all. Yet through my father, scouting was massively influential on the course of my life, and the development of my character.

As you may have heard by now, the Boy Scouts of America is striking “boys” from the name of its flagship program for 11-to 17-year-olds, and beginning in February 2019, will accept girls into its troops. This was the dropping of the other shoe following last year’s announcement that girls could join the younger Cub Scout units. Now young women will be eligible to reach the Eagle Scout rank, the highest achievement of the organization.

Mike Surbaugh, Chief Scout Executive, told the AP, “[W]e’re trying to find the right way to say we’re here for both young men and young women.” Translation: “We’re trying to survive.” The ethical problem such a strategy involves is that when an organization abandons its mission just to stay in business, it has lost its integrity, and should probably just dissolve.  The mission of the Boy Scouts since it was founded in 1910 has been to prepare boys “to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law.” Preparing boys to be men and girls to be women are both worthy missions, but they are not the same mission, much as radical feminists and cultural revolutionaries would have us believe. Where does a young boy like my father go now to find a male peer group and the guidance of responsible male role models? Your guess is as good as mine, but the answer isn’t the Scouts.
Continue reading