Ethics Dunce: Northeastern Law School, Because With Some Mistakes, “Oops! Sorry!” Just Isn’t Enough…

Nice.

Northeastern University’s law school this week erroneously emailed 205 current applicants and nearly 4,000 more who had applied the previous year with an offer of admission for its 2023 class.

The Boston school discovered the mistake and sent a follow-up “Oopsie! Never mind!”email several hours later, blaming “a technical error.” “The school of law deeply regrets this unintended mistake and is taking steps to ensure that it will not happen in the future,” the university said in part.

Oh! Well, that’s okay then, as long as you’re taking steps! Nope…not good enough, not nearly. There are some mistakes that simply cannot be excused, because one simply cannot allow them to happen. Telling anxious applicants for a coveted position or benefit that they have been accepted when they have not is a blatant one, and the remedy should be, in cases like this, to be accountable and follow through on the promise of the mistaken message. For one thing, such a tradition would guarantee schools are more careful.

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Friday Ethics Forum!

Come into the Light! All are welcome!

…which reminds me: interestingly, the professional listserv where I and another lawyer were reprimanded and threatened for daring to express non-conforming opinions in a forum where the previous president feels it necessary to include “he,him” to his posts went almost silent yesterday, The Day After. There were just three timid offerings as opposed to the usual 15-40 in what is usually a very active platform. Maybe it was a coincidence, but I’m pretty sure what looked like a sudden drop-off in enthusiasm was noticed. Good. Maybe it will spark some introspection from the would-be censors.

For Some Strange Reason, The Playwright Didn’t Think “N-Word” Carried The Same Dramatic Punch..

Yes, this is another Strange Tale of the Great Stupid.

A depressing one.

In the opening scene of Down in Mississippi by African American playwright Carlyle Brown, a white man calls a black character “nigger” multiple times and threatens him after learning that he’s in the area to help register black citizens to vote. Texas Wesleyan’s Black Student Association shared an Instagram post about how many students were “deeply disturbed” that such scenes would be shown on campus, because it might “hurt Black students and possibly students from other marginalized communities.”

So the university decided not to mount the production. Brown, the playwright, argued that the word’s use in the play was necessary to maintain historical accuracy and to provoke strong responses. Yes, and he might have also pointed out that this is live drama, and the objective of live drama is to arouse the audience’s emotions. Glenn O. Lewis, the first black board chairman the university has had, diplomatically said that he understood how the language could make some students uncomfortable, “But when have we ever … learned anything in our comfort zone?” Lewis asked. “You don’t learn anything new until you get out of your comfort zone, and I think that is what Mr. Brown intended for this play to do.” Lewis added that censorship of Brown’s work is not a real solution.

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This is No Conspiracy Theory. It’s Real.

I belong to a distinguished legal association—I bet you can guess the field– that one would expect to understand the importance, indeed the necessity, of encouraging open discourse that is welcoming to divergent points of view. Yet yesterday, when I and another lawyer dared to make observations that varied from official progressive cant, the president of the organization, no less, reprimanded us for making comments others on the list found “offensive.” She then posted the listserv’s rules and standards which, as with all such things, were completely subjective, and translated to, in the words of my similarly reprimanded colleague, opinions that conform to the consensus here are acceptable; those that do not are uncivil and subject to censure. Finally, in a remarkable display of self-indictment, she told my colleague that continued publication of non-complying positions and arguments would result in his losing professional referrals.

That’s called “a threat.” It’s also called “chilling speech.”

To the target of this reprimand’s credit, he responded (no weenie he): “I guess I’ll just have to down-size then.” I would have opted for the less elegant “Bite me,” and will, if I have the opportunity in the future.

This is no right-wing conspiracy theory. This is what is going on in all the professions now. I know that there are many lawyers on the list who have been cowed into silence, and shame on them. The only way to fight nascent totalitarians is to fight them.

And that’s the way it is.

Yes, There Are Many Justifications For “White Lives Matter”

Woke World is losing what was left of its collective mind over “Ye’s” (that’s who used to be called Kanye West) stunt of using designer “White Lives Matter” T-shirts to promote his new fashion line “YZY” during Paris Fashion Week. Not only was the former Mr. Kardashian wearing the automatically offensive garment, but so was much-reviled black conservative Candace Owens.

Ye is almost certainly mentally and/or emotionally ill, but the rapper’s schtick is pushing buttons, and he does that boldly and very well. Being a little crazy probably helps. The question: Is there anything wrong with a T-shirt that says “White Lives Matter,” or unethical about wearing one?

There is one aspect of it that may be wrong: if doing so is only an intentional effort to upset people, reasonably or not, then the shirt invokes the Second Niggardly Principle:

“When an individual or group can accomplish its legitimate objectives without engaging in speech or conduct that will offend individuals whose basis for the supposed offense is emotional, mistaken or ignorant, but is not malicious and is based on well-established impulses of human nature, it is unethical to intentionally engage in such speech or conduct.”

Ye, being Kanye (or vice versa) only wants to offend, because that’s what gives him the publicity and attention that to him is like water to a fish. The shirts are not the product of deep philosophical thought. Nonetheless, the fashion writer that the New York Times sicced on the controversy m (Vanessa Friedman) is showing her bias (and you know what bias does) by writing, in a piece called “There Is No Excuse for Ye’s ‘White Lives Matter’ Shirt,”

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The Supreme Court’s “Legitimacy” Is At Stake Because Of Hack Analysis Like The Week’s “Is The Supreme Court’s Legitimacy At Stake In Its New Term?”

The current mainstream media propaganda narrative is that the new Supreme Court term that began this week is shadowed by the peril of “losing legitimacy,” a code for “not following rigged polls and angering Democrats who don’t have a SCOTUS rubber stamp any more like they did for decades.” This theme is (I would say obviously but I’ve decided I use “obviously” too often) part of the strategy, begun under Barack Obama to save his unconstitutional Affordable Care Act, to bully, intimidate and lobby the justices in what is a blatant corruption of the justice system.

“The Week’s” contributing editor Harold Maas helpfully has produced an opinion piece that serves as a useful template in considering the legitimacy of these laments about Supreme Court legitimacy. To begin with, Maas isn’t a lawyer, which explains why he doesn’t know what the hell he is talking about. He, like most of the critics of the Court he cherry-picks in his screed, seems to think that whether a judge’s decision is right or not depends on how popular it is or whether the public would rule the same way. Under this warped concept (see, I wanted to write “of course” again) Judge Caverly would have responded to Clarence Darrow’s eloquent and thoughtful plea for mercy to be shown the young thrill killing duo of Leopold and Loeb by having them hanged. There would be no Brown v. Board of Education. We would have had many more decisions like the infamous ruling in Korematsu v. United States where a liberal Court approved FDR’s internment of U.S. citizens of Japanese ancestry because the racist, panic-driven, wildly unconstitutional policy was popular.

You know: Legitimacy!

I’ve already read, just in the last few days, more than ten articles making essentially the same (bad) argument as Maas, though he makes it particularly unethically and so transparently from the perspective of a progressive partisan, which is why I admire it. Consider:

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The Executive Order That Obama Knew Was Illegal Was Finally Struck Down

Did you know that President Trump was an authoritarian, abused his power and violated the Constitution?

Nothing Trump did in office was as clearly, obviously and intentionally a direct violation of the Constitution’s limits on Presidential power as what President Barack Obama did in 2012 when he could not get Congress to pass a law allowing so-called “Dreamers” to stay in the United States. He used an Executive Order to establish the Deferred Action for Childhood Arrivals (DACA) program despite saying himself (remember, Obama is supposedly a Constitutional Law scholar) that he didn’t have power to do it.

That was the exact moment when I concluded that Obama was not only a weak and feckless President, but an arrogant and dangerous one.

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Comment Of The Day: “It Looks Like Donald Trump Was Betrayed By Another One Of His Lawyers, Someone Else…Or Himself”[Corrected]

I really don’t want to contribute to the Donald Trump glut in the media and the web, and if everyone else would just ignore the guy like ex-Presidents, non-elected officials currently in office should be ignored, I wouldn’t have to post about him at all. This video from the Ethics Alarms clip archives is relevant..

But the news media won’t stop, simultaneously fueling Trump’s continued influence and prominence and claiming that he is an existential evil who must be destroyed. This obsession was excusable, sort of, when he was President, but now it is pure hypocrisy. Trump, of course, publicity junkie and narcissist that he is, loves the attention, and it makes him stronger. The other side of this weird coin is that he has also been grievously mistreated politically, journalistically  and by the culture, to a historical degree. As with Bill Clinton when he was beleaguered by the Monica scandal, I have to grudgingly admire Trump for his resilience, endurance, and resolve. Clinton, however, only went through such travails for a year or so. With Trump, it has been constant since 2015. His defiance is Churchillian.

In his Comment of the Day, Steve-O-in NJ came up with something I’ve been searching for: a good analogy for the hate that Donald Trump has been subjected to. Tellingly, Steve’s analogy is a nation, not another human being. But in Steve’s example, only one man was demanding destruction, not whole institutions and sectors of society: Cato the Elder, also known as Cato the Censor and Cato the Wise.
Boy, I would much rather write about Marcus Porcius Cato ( Born: 234 BC, Tusculum, Italy; Died: 149 BC, Rome) than Trump. His best quotes alone should pique your interest, among them:
  • “After I’m dead I’d rather have people ask why I have no monument than why I have one.”
  • “An angry man opens his mouth and shuts his eyes.”
  • “Anger so clouds the mind that it cannot perceive the truth.”
  • “Grasp the subject, the words will follow.”
  • “He is nearest to the gods who knows how to be silent.”
  • “He who fears death has already lost the life he covets.”
  • “I can pardon everybody’s mistakes except my own.”
  • “I prefer to do right and get no thanks than to do wrong and receive no punishment.”
  • “If you are ruled by mind you are a king; if by body, a slave.”
  • “Patience is the greatest of all virtues.”
  • “The hero saves us. Praise the hero! Now, who will save us from the hero?”
  • “The worst ruler is one who cannot rule himself.”
  • “Those who are serious in ridiculous matters will be ridiculous in serious matters.”
  • “‘Tis sometimes the height of wisdom to feign stupidity.”
  • “Wise men learn more from fools than fools from the wise.”

Here is Steve-O’s Comment of the Day on the post, It Looks Like Donald Trump Was Betrayed By Another One Of His Lawyers, Someone Else…Or Himself”:

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Afternoon Ethics Mop-Up, 10/5/22: Flip-Flops, Cheating, A Bad Law Suit And Careless Name Change

It has been raining for five days straight here.

But never mind: what matters is that October 5th marks the date in 2017 when the New York Times blew the whistle on Hollywood mega-producer and major Clinton money source Harvey Weinstein, setting in motion all sorts of cultural. legal, political and societal forces no one could have predicted, as well as providing many depressing ethics lessons. For example, virtually everyone who pretended horror at Weinstein’s predations knew about what he was doing long before, but said and did nothing, and yes, this almost certainly included powerful Democrats as well as alleged Hollywood feminists. Yecchh. The sudden awareness of sexual harassment in high places—as if Bill Clinton hadn’t been enough to make it obvious—was quickly weaponized to take down powerful men in business, the arts, news media, politics and more, some deservedly (Kevin Spacey, Matt Lauer…) some not so much (Al Franken). The Weinstein movements #MeToo and Time’s Up also catalyzed the effort to smear Brett Kavanaugh out of his Supreme Court nomination, though they went oddly mute when Joe Biden was accused of doing privately the kind of thing he had been photographed doing to hapless girls and women for years. How and why this happened was neatly illustrated when the co-founder and COB of “Time’s Up” was revealed to have helped Andrew Cuomo discredit his multiple sexual harassment accusers.

Despite its ugly partisanship, hypocrisy and cynicism, the Harvey Weinstein Ethics Train Wreck, documented here, has still had its salutary effects. Bill Clinton’s reign as a Democratic rock star finally ended. Woody Allen was at last shunned in Hollywood. 

Best of all, the double standards and empty virtue-signaling of feminists and progressives were impossible to miss. Good.

1. Remember, Karine Jean-Pierre, the President’s paid liar, says that “If you are not with where the majority of Americans are, that is extreme.” A new poll by the Trafalgar Group, taken September 17-20 and including more than 1,000 likely 2022 election voters, showed that 1.4% of voters “believe eliminating gas-powered cars and moving to electric vehicles is the best solution.” Just thought it was worth mentioning…Speaking of Karine, it has been fascinating watching her claim that when the still-high gasoline prices edge down, it is President Biden’s brilliant work paying off, but when it goes up, it’s everybody else’s fault. Now gas is going up again, and OPEC has voted to cut production, probably meaning that it will start rising sharply. Ultimately, her re-flip-flop will pose another “Just how gullible is the American public?” test. The results of the earlier ones have not been encouraging. Continue reading

We Have To Talk About Velma…

I wish we didn’t.

I wouldn’t raise the issue except that the conservative blogs and commentators seem to be horrified by this most minor of pop culture developments—the sexual orientation of a five-decades-old Hanna-Barbara cartoon character?–and the usual progressive suspects are awash with joy. (Well, I guess you have to take your victories where you find them, however minuscule.)

The ethics issues are encompassed in the routine question, “What’s going on here?”

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