Month: January 2024

How Do You Solve A Problem Like Rep. Omar?

/ Jack Marshall / 6 Comments

I was actually going to begin this post with a parody of the cheery song from Rodgers and Hammerstein’s “The Sound of Music,” “How Do You Solve a Problem Like Maria?,” but decided against it for two reasons. First, no English words rhyme with “Omar,” so you’re stuck with fake sort-of rhymes like “home are” and “sonar,” and second, this is too serious a problem to cover in a song parody.

Among Donald Trump’s myriad offensive, stupid and gratuitously inflammatory comments while President was when he said in 2019 that the members of “the Squad” should “go back to where they came from.” This was particularly inept since most of that group of radical, socialist, anti-Semitic and or dumb-as-bricks Democrats are “from” the good ol’ USA, but in the case of Rep. Ilhan Omar (D-Minn.) at least, Trump may have had a valid point that he, as usual, chose the worst possible way to express.

In 2019, Omar declared as part of the anti-Semitic theme much of the Squad vocally embraces, “I want to talk about the political influence in this country that says that it is OK for people to push for allegiance to a foreign country.” Her message was that a lot of U.S. officials—you know, Jews— allowed a conflicting fealty to Israel to blunt their duty to pursue what is in the best interest of the United States. But yesterday, a video surfaced on Twitter/X showing Omar rousing a Somali-American crowd in her district by saying in part,

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About Gov. Newsom’s Claim That “We Have the Best 3-year Record of Any Modern American Presidency…”

/ Jack Marshall / 5 Comments

I didn’t want to start the day with an Unethical Quote of the Month right after last night’s post, but attention should be paid to what California governor Gavin Newsom told a stunned Jonathan Karl on ABC News’ “This Week” yesterday. The full quote was: “We have the best three-year record of any modern American Presidency, period, full stop. And you look at the issue, issue by issue, they poll overwhelmingly, the American people support what Biden has done.”

What’s going on here? The most recent polling shows Biden with the worst three-year approval rating going back to Gerald Ford half a century ago (my, how time flies). How could the American people “overwhelmingly” support (“approve of” is a synonym for “support”) what Biden has done while roughly two-thirds tell pollsters that they think he’s a lousy President?

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Ethics Quote of the Week: Fox News Comic Greg Gutfeld

/ Jack Marshall / 4 Comments

“Everyone understands how bad the world would be without journalists because we haven’t had any for decades.”

—Fox News court jester Greg Gutfeld, justly mocking the whines of the Washington Post’s ridiculous Taylor Lorenz about the lay-offs in her profession, if it can be called that any more.

The rest of his rant is amusing and well-deserved, but that single sentence is enough to accurately describe the failure of Lorenz’s colleagues and peers, and the total lack of self-awareness displayed by this inexplicably employed hack, who, in a typical outburst last month, proclaimed that “Anyone who’s worked as a journalist at the [New York Times] knows that journalists there are absolutely allowed to loudly espouse political opinions, you just have to espouse the *right* political opinions. Right wing opinions are fine, left wing opinions are not.”

Comment of the Day: “When Ethics Alarms Don’t Ring,” Big Law Firm Edition”

/ Jack Marshall / 2 Comments

The question of why good people do unethical things is always ripe for consideration. Often, and perhaps even usually, the answer is that nobody was think about ethics at all, or thinking at all. The tale about how a cheerful piece of artwork depicting a lynching ended up on the walls of a large law firm’s office is a cautionary tale, and in his Comment of the Day on the post, “When Ethics Alarms Don’t Ring,” Big Law Firm Edition,” johnburger2013 neatly explains how such gaffes occur. The one feature that John left out was the subsequent publicity, including on ethics websites.

The lesson: Be careful out there….

***

I suspect the art was selected to coincide with Black History Month and the powers who made the decision (“First Decider”) simply said, “Hey, we have a ton of art from renowned African American Artists. We should display that during February.” To which someone else (“Second Decider”) said, “Awesome. Let’s get the staff to put the paintings on the wall.” Then, First Decider said, “Cool, I’ll email my people and get them on it.” Second Decider: “Great. What’s for lunch?”

Then, First Decider emailed maintenance: “Good morning. We are honoring Black History Month in February. We have a number of really interesting paintings in our storage room. Would you be awesome and hang them on the walls?” Maintenance Engineer responded, “Sure. We will get it done this evening.” Maintenance Engineer told the staff who merely displayed the art on the walls without really thinking about it.

Then, somebody walked by and looked at that particular painting and blood ran cold in the veins, with an audible, “Oh, crap! That’s gonna hurt!” The problem took on a life of its own after that. Rather than simply state, “Really? You are pissed/hurt by a painting depicting something terrible? Have you seen ‘Schindler’s List’? How about stuff painted by Frida Kahlo? Or Picasso? And you call yourself lawyers? What kind of intestinal fortitude do you lack that you can’t look at a painting – which, frankly, I find juvenile and simplistic in quality and style – and realize, ‘yeah, we had some really awful times in our history. Hopefully we have moved beyond that.’” But, no, they have a Chief DIE officer whose job it is to make mountains out of anthills and recommend sensitivity training for all involved.

If I were a client, I’d pull my cases from that firm. Immediately.

Apparently My Dog Thinks I’m Woke

/ Jack Marshall / 8 Comments

Times opinion editor Alicia P.Q. Wittmeyer used a podcast to explain how the great political divide affects dogs. Training styles and methods can be as much about identity as efficacy, she has realized. “Are you imposing colonial concepts on your dogs? Are you harming their mental health? Is your style of training woke?”

Alicia’s rescue dog likes to chase joggers. “There are a few ways to deal with your dog having a jogger chasing problem,” she says. “And these solutions maybe fall into one of two camps, positive reinforcement training or balanced training. Positive training is a style of dog training that basically says, we’re not going to make your dog physically uncomfortable in order to get it to behave the way you want. So what it argues for doing is rewarding behavior you like, and basically managing your dog so that it can’t engage in behavior you don’t like, and just kind of ignoring it.”

Balanced training, however, or what I would call Skinnerian training, involves negative reinforcement. “If your dog is doing something that you don’t like,” Alicia explains, “to discourage that, we want to make it uncomfortable for the dog to do that. We want to give some kind of negative stimulus. Sometimes that might be a noise, or sometimes like a squirt of water to the face.”

“But sometimes it’s more physical discomfort than that. That means punishing your dog. And usually that punishment comes in the form of something called an e-collar, a tool that will give your dog an electricity stimulus.”

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Ethics Quiz: The Innocent-Until-Proven-Guilty College Basketball Star

/ Jack Marshall / 18 Comments

Illinois guard Terrence Shannon Jr. 23, was arrested in Lawrence, Kansas on Dec. 28 and charged with rape. While he visited Lawrence last September, he grabbed a woman and sexually assaulted her at a bar, or so the woman claimed to police. The Illini suspended Shannon following his arrest, but the player’s attorney requested a temporary restraining order against the school this month to force Illinois to let him resume playing basketball. A federal judge granted the request on January 19.

Shannon has been playing with the basketball team ever since. Last week, playing against Northwestern in his first road game since the arrest, he was taunted by fans chanting “No means no!” and “Guilty!”

Your Ethics Alarms Ethics Quiz of the Day is this: Continue reading →

It’s Come To This: Snopes Spins Madly To Claim the President Doesn’t Look Ridiculous

/ Jack Marshall / 9 Comments

Presidents through the years have frequently allowed themselves to be photographed looking silly. My favorite example, which I first saw and giggled over at about the age of 10, is the famous shot above of dour Calvin Coolidge wearing an India headdress. Author Josh King wrote in “Dukakis and the Tank” that the first rule of political photo ops is “Never put anything on your head!” Before Coolidge put on the headdress while being named an honorary chief in Deadwood, South Dakota during a campaign stop in 1927, advisors told him he would “look funny.” “Well it’s good for people to laugh, isn’t it?” Coolidge replied.

I would like to think that President Biden had the same rationale for wearing his hard-hat backwards at a bar with some union construction workers…

…but I fear that in his current deteriorating mental state he could mistake Jill for a hat.

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Saturday Afternoon Ethics Catch-Up, 1/27/2024

/ Jack Marshall / 3 Comments

I write this in a state of advanced disgust over the predictable but still nauseating reaction by the legal ethics community (as represented on the Association of Professional Responsibility Lawyers, of which I am a member) to the still roiling Fani Willis scandal. This is a, I estimate, a 80%-20% woke profession, and I may be being generous. Not only did group’s hyperactive listserv conspicuously ignore the story despite it being by far the most high-profile legal ethics controversy in many months, but when the topic was finally broached yesterday, it was to brush aside the obvious conflict of interest as irrelevant to the case’s defendants, including Donald Trump. (This is a passionately Trump-Deranged group to the point that vocal dissenters are risk professional blackballing.) This CNN opinion piece by a member has been virtually unanimously praised, despite employing blatant “whataboutism”: “Willis may have engaged in nepotism (as when President John F. Kennedy appointed his brother Robert Kennedy to be US attorney general or when Trump appointed his daughter Ivanka Trump and son-in-law Jared Kushner to positions in his presidential administration).” For some strange reason, the legal ethicist association seems to be willing to accept the dubious proposition that even though Willis’s alleged legal lover is profiting greatly from his involvement in the case (and that she may be receiving benefits from that profit in the form of travel and other baubles of affection), this could not reasonably be seen as a factor undermining her required independent judgment in managing the case as his supervisor.

Well, the group is still a valuable resource the 95% of the time that progressive politics aren’t involved…

1. Oh…about that headline! It’s my “Nah, there’s no mainstream media bias!” note of the day. It’s a real headline from a real story, but dates from March 2023. Legal Insurrection wrote about its author here. But I missed it, and as the saying goes, if it’s new to you, it’s still news….

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Stop Making Me Defend Harvard!

/ Jack Marshall / 1 Comment

Maybe there is some hope for the tarnished Ivy League progenitor after all. Maybe.

I cite as the evidence for this the near unanimous beat-down a Harvard Crimson editor received from the presumably Harvard community commenters on an arrogant screed called “I’m Trans, and I’m Not up for Debate.” If there ever was smoking gun evidence of the political Left’s attitude toward opposing views, unwelcome speech and “offensive” ideas, this is it.

The essay, posted in the venerable Harvard student-run daily newspaper, begins, “For a community that represents such a small percentage of the population – less than one percent – trans people have occupied a strikingly large portion of public and political discourse.” Why yes, and whose fault is that? Who decided that public school teachers had any business delving into the problems of that tiny percentage of the population, or that the sliver would decide to assert imaginary rights, like being able to crush women in athletic competitions?

“As a transgender person, it has been exhausting to watch my community’s basic rights put into jeopardy and framed as subjects for debate,” undergrad E. Matteo Diaz ’27 writes. “Should trans people be allowed in public bathrooms? Should we be allowed to play sports? Should we be included in school curricula? Should we have access to healthcare? We are treated like a question to be answered, a problem to be solved,” he (She? Readers are never ordered to use specific pronouns) continues. “To cast trans rights as a “debate” suggests that the opinions of all parties — however ignorant of the reality of trans existence — are equally deserving of merit and consideration,” we are told.

Well all righty, then! No debate! What trans activists say must be accepted as revealed truth! How typical of the 21st century Left: challenging the cant is blasphemy. More:

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Why is Planned Parenthood Promoting Premarital Sex?

/ Jack Marshall / 8 Comments

It couldn’t be that it’s trying to drum up more abortion business, could it? Nah, that would be…unethical. Unless, of course, one likes abortions.

Watch, if you have the stomach for it, that video above, which Planned Parenthood promoted this way:

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