Author: Jack Marshall

WHAT??? Now It’s Sexist Not To Like Hillary’s Speaking Style?

/ Jack Marshall / 27 Comments

mad hillary

Washington Post Democratic-shill-masquerading-as-a-journalist Dana Milbank is trying a new tact: if you think Hillary is a lousy campaigner, you’re a sexist. In fact, he came this close to saying that there’s “a special place in hell” for anyone who doesn’t find Hillary Clinton a treat for the eyes and ears.

Of course, he began his column–it is called “The sexist double standards hurting Hillary Clinton”— with a statement designed to make me break some teeth: “Much of Hillary Clinton’s difficulty in this campaign stems from a single, unalterable fact: She is a woman.” No, almost all of of Hillary Clinton’s difficulty in this campaign stems from a single, unalterable fact: She is an untrustworthy liar who can’t stop lying.

Never mind quibbling over that. Here is Dana’s argument in brief:

“The criticism is the same as in 2008: She doesn’t connect. She isn’t likeable. She doesn’t inspire. She seems shrill. “She shouts,” Bob Woodward said on MSNBC this month, also suggesting she “get off this screaming stuff.” Joe Scarborough, the host, agreed: “Has nobody told her that the microphone works?”…That’s not about Clinton; it’s about us. “It is a subtle kind of sexism that exists that we don’t recognize,” said Newton-Small, who literally wrote the book on the matter… “When women raise their voices, people tend to get their hackles up. People I talk to at Clinton events put her in a maternal role: Why is she screaming at me? Am I in trouble?”

Wrong. In fact, laughably wrong. In fact, political-correctness mongering in the First Degree. Clinton is engaged in  fields, advocacy, politics and leadership, where effective communication skills and tools are essential, and her job, indeed, is to communicate in ways that her intended audience finds persuasive and easy to listen to. She can’t say, as Milbank tries to on her behalf, “Enjoy or you’re oppressing me!” Continue reading →

Unethical Tweet Of The Month: New York Times Journalist Brent Staples

/ Jack Marshall / 27 Comments

Staples

Brent Staples, who I'm sure is certain I am criticizing him because he is black...

Brent Staples, who I’m sure is certain I am criticizing him because he is black…

I view this as tragic, in so many ways. Brent Staples himself is apparently the victim of the cultural poison he is peddling, that every failure, misfortune or criticism of an African American must be presumptively rooted in racial animus rather than the shortcomings or fault of the black citizen involved. Others who use this strategy of race-baiting as a political weapon are not as sincere as Staples—he writes this kind of thing in editorial columns all the time—but they have joined with him to do terrible damage to race relations, all in defense of a President whose incompetence is too painful for his supporters to accept.

I realized that this would be an unethical political weapon Democrats could not resist using back in 2008, when Obama was running against John McCain. I warned against it then. The Democrats were arguing that Obama was so clearly the only choice for voters that he could only be defeated by racism, for only racists would oppose him. I wrote..

This strategy would be unethical even if the Democrats weren’t the party nominating an eloquent abstraction with less governing experience than any Chief Executive within memory. It is insanely irresponsible when used to back a candidate about whom there are many legitimate doubts, mysteries and questions. Both parties deserve respect; both candidates deserve respect. And the democratic system deserves the most respect of all.  

But is the Democratic message wrong if party decision-makers and faithful really believe it? Yes, because the belief is unsupported by hard, persuasive, un-slanted facts, and that makes it irresponsible and unfair…A belief alone is not enough to justify claiming victory for an untested leader with plenty of holes in his resume. Belief alone is not sufficient justification to lay the groundwork for race-baiting in the wake of an electoral loss in November.  

I’m a rational, informed voter who does his research and knows the issues, and I may choose not to vote for Barack Obama for any number of legitimate reasons—including the offensive attitude of his party—that have nothing whatsoever to do with his race. How dare the Democratic Party, Obama, or anyone shout to the media that my vote is motivated by racism? This is playing with societal dynamite. 

The Democratic message that the election is a slam dunk for Obama if America can only avoid bigotry and election fraud is a recipe for civil unrest, racial tension, and the unraveling of public faith in our institutions. It is reckless and offensive, and, take note, Democrats, idiotic.

Continue reading →

Ethical Quote Of The Month: Supreme Court Justice Antonin Scalia

/ Jack Marshall / 11 Comments

Antonin_Scalia_2010

“I have no illusions that your man will nominate someone who shares my orientation, but I hope he sends us someone smart. Let me put a finer point on it. I hope he sends us Elena Kagan.”

—The recently departed Antonin Scalia, speaking to Obama advisor David Axelrod seven years ago, as President Obama was faced with making his first Supreme Court nomination upon the retirement  of Justice Souter.

Kagan, of course, was finally chosen to fill the second SCOTUS vacancy. Axelrod treats this conversation as somehow shocking, which I guess it would be to a political operative like him, to whom partisan warfare is everything,. Yet Scalia, who was known to be good friends with several of the more liberal members of the court, including Kagan, displayed with that private statement to Axelrod the professional attitude I have heard from many lawyers, and that perfectly describes my own. What is important to have on the Supreme Court are the best and most competent legal minds available. Assuming such judges also possess integrity, the third branch of the government will be in good hands. Continue reading →

Ethics Observations On An Ugly–But Entertaining!—GOP Debate

/ Jack Marshall / 7 Comments

CBS debate

I knew this time would come, and it came the same week for both parties: I’m getting sick of the debates, and it’s harder and harder to find new illumination and conclusions with each one. For some reason, however—the effect of the unsettling news of Justice Scalia’s sudden death. perhaps?—last night’s Republican debate (transcript here) was nastier and more personal than any of the debates this cycle, and Charles Krauthammer may be correct that that it was the most ugly Presidential candidates debate ever.

Observations:

1. This was 100% the fault of Donald Trump. I keep reading that the Republicans should be embarrassed—-what control does the party have over Trump? He’s in the race, and that means that he will drag down the conduct in the race. Arguing with him is like arguing with a 12-year-old—I was reminded of Erma Bombeck’s line that it is impossible to argue with a six-year-old without sounding like a six-year-old. Sometimes I think all the debaters should agree to turn their backs on Trump when he’s ranting, like all the jurors do in “Twelve Angry Men” when the racist finally lets it all out.

I wrote months ago that Republicans should have told Trump he wasn’t a Republican and thus wasn’t welcome in the debates, the nomination race or the party. They had neither the foresight, principles nor guts to do that, and now they are stuck with him polluting the debates and the race, engaging in the equivalent of belching and farting, as the juveniles supporting him cheer and snicker. Good job, everybody.

2. That was excellent, fair, competent moderation by John Dickerson. You know the debate has been a mess when the moderator is the star.

3. I have really come to resent Ben Carson’s sleepy, arrogant, useless statements and observations, wasting precious time, blathering platitudes, appealing only to those ignorant souls, like him, who really think the most challenging and consequential job on Earth should be handed to a proud amateur. In that respect, he is the most unethical individual on the stage. Continue reading →

Comment of the Day: “Unethical High School Assembly Video Of…What? The Month? The Year? Eternity?”

/ Jack Marshall / 16 Comments

race

I must admit: I thought the “unequal opportunity race” video that was the subject of my post to be so outrageously simplistic, exaggerated, insulting to white Americans and discouraging to minority Americans that nobody would defend it. The lively debate that the post sparked proved that the white privilege deflection has seeped into mainstream thinking far more than I had previously understood, and that the position the progressive movement wants to communicate to African Americans is that absent aggressive, government-executed hobbling of present day white citizens as they pursue their own ambitions and dreams, and opportunities for their children, black Americans are doomed to comparative failure, cursed to be victims of traps, gaping craters and metaphorical sharks.

Late in the debate, commenter Chris Bentley, himself an African American, provided a different perspective in two long posts. I am combining them as his Comment of the Day, on the post ,Unethical High School Assembly Video Of…What? The Month? The Year? Eternity?.

To which I say b.s. (as a black man). I have no doubt, no doubt whatsoever, that I have succeeded (and failed at times) solely based on my merit, talents, and desire. I have not been unemployed for even a second, since the age of 18 (I am 37). I have applied to many, many jobs that I have desired, and been hired for many of those jobs. I have been accepted and attended 8 (8!) different colleges, earning 3 different degrees. I have spent the last 20 years working in education, from ECE to college, and spent 3 years as a preschool director (a black male preschool director is about as rare as a unicorn that poops gold).

None of this is meant to be taken as bragging, as my story is no more successful than anyone else on this blog. Nor am I more successful then any average black man, who grew up with loving, educated parents, who forced me to have a good head on my shoulders, taught me the importance of education, and did not teach me to be distrustful of whites, or to blame shift my failures elsewhere. I find it patronizing to be told that individual merit is not enough for me to succeed, when compared to whites; that if I truly want to compete on an even playing field, I need those same whites to level the field.

No. I. Don’t.

Continue reading →

Thoughts On The Death Of Supreme Court Justice Antonin Scalia

/ Jack Marshall / 226 Comments

chapman.0830 - 08/29/05 - A Supreme Court headed by Supreme Court Justice Antonin Scalia has questions for Chapman University Law School professor John Eastman as he and California Attorney General Bill Lockyer argue the 1905 ''Lochner v. State of New York'' case during a re-enactment Monday afternoon at Chapman University. (Credit: Mark Avery/Orange County Register/ZUMA Press)

Supreme Court Justice Antonin Scalia, the Supreme Court’s most adamant, eloquent, controversial and influential conservative jurist and one of the most important theorists in the institution’s history,  died today, unexpectedly, on a ranch near San Antonio while on a hunting holiday. He was 79.

Reflections:

1.  I had a beer with the Justice at a bar function a long, long time ago, after entertaining the assembled legal heavyweights. He was friendly, funny, and gregarious, and when I asked him if he would be on the Supreme Court for the rest of his life, he said, “God, I hope not!”

2. While everyone will be saying that this ups the ante in the Presidential race, that’s impossible. The importance of the election couldn’t be  greater. The vacancy Scalia’s death creates, unfortunately,will  increase the level of demagoguery from both parties, with the appointment of Scalia’s replacement being elevated to the equivalent of a life and death matter obliterating all other considerations. Anyone who argues that will be exposing their true status as a hack, appealing to hysterics, ignoring te ethical value of proportion. The composition of the Court is important, but it is not that important.

3. What is most important to the Court, and has been lost since Robert Bork became the first qualified judge to be blocked by pure partisan considerations despite undeniably outstanding qualifications, is to have smart, able, proven justices. Scalia was such a jurist.

4 .One of the traits of a qualified jurist is a refusal to pre-judge any issue or case before hearing arguments and knowing all the facts. Several of the current justices, including Scalia, have been sucked into the bitter partisan battles of this era and have made comments that called this trait into question. Continue reading →

When Corporations Don’t Respect Autonomy And Freedom Of Speech: Nike

/ Jack Marshall / 11 Comments

Nike dont

Nike allows purchasers to customize their Air Jordans, but reserves the right to control what ideas, thoughts and preferences you proclaim on your shoes.

Nabeel Kaukab, self-described as “an All American kid with an unusual name,” was browsing the online NikeiD store where customers build and buy custom footwear, and discovered Nike’s lack of support for the concept of free speech when he explored the customization features, one of which includes the ability to place up to six letters on the athletic shoes. When he entered “Islam” and “Muslim,” he was unformed that these words do not fit within the Nike guidelines.

Really? Nike’s guidelines specifically exclude “profanity,” “inappropriate slang,” “insulting or discriminatory content,” “content construed to incite violence,” “material that Nike wishes not to place on products” and anything that “violates another party’s trademark or intellectual property rights.” Continue reading →

Rep. Alan Grayson, Incivility, Predicting Unethical Conduct…and Donald Trump

/ Jack Marshall / 13 Comments

Grayson

It should come as no surprise to anyone that Rep. Alan Grayson (D-Fl.) is under investigation by the House Ethics Committee for serious ethics violations. This was pre-ordained by the proclivities he has shown throughout his political career. In his case, the primary tell is his complete lack of civility, which is symptomatic of a crucial respect deficit. Those who do not regard displaying respect for colleagues, fellow citizens, political adversaries and, more broadly, societal standards of fairness and decency as an important behavioral mandate cannot be trusted to respect any other ethical values either. Occasionally one will find someone who deals in insults and personal denigration who is otherwise ethical, just as one will occasionally encounter a baby goat with two heads, but it is rare indeed. If you go through life avoiding uncivil, verbally abusive people like the plague (indeed, such people carry the plague of de-civilization) you will not miss out on very many good companions, and you will spare yourself a lot of misery as well the danger of personal corruption.

Grayson is without question the most uncivil, rudest, least professional member of Congress. I was amused to find that I had mentioned him in a post from 2010 about how many ethics scandals were predictable, given the past conduct of their principle actors. Once Tom DeLay was out of Congress, Alan Grayson was easily the most likely candidate for a scandal, because the man has no ethics alarms. In my very first post about Grayson, I wrote (in 2009),

“Grayson is the Congressman whose explanation of the GOP position on health care was that “they want you to die.” He said that Dick Cheney speaks with “blood dripping from his teeth.” His mode of debate and persuasion, in other words, is insult and hyperbole. Respect for opposing views: zilch. Civility grade: F… He has endorsed unethical rules and plays by them…”

That post was about Grayson trying to get the Justice Department to shut down a website that mocked him. Yes, he doesn’t believe in freedom of speech, either, when he is the target of insults rather than the generator of them.

All of which led me to react with a smile and a yawn when it was revealed that the disgusting congressman, now running for the U.S. Senate–Sure! Why not?—has been secretly moonlighting as a hedge fund manager. It sounds like a Saturday Night Live skit: “By day, a Wall Street-bashing, 1% hating, populist Democratic Congressman! By night, a wheeling and dealing hedge-fund manager!”

Do I need to explain why this is a slam-dunk conflict of interest with the appearance of impropriety? I don’t think so. It also smells of insider trading and using information privy to elected officials for personal gain. On the other side, he used his position as a U.S. House of Representatives member to attract clients.

From the New York Times (it’s me breaking in a couple of  times): Continue reading →

Jenrry Mejia, The Inexplicable Ethics Mega-Dunce

/ Jack Marshall / 4 Comments

mejia

What is the explanation for this?

Jenrry Mejia is a young New York Mets relief pitcher who until recently had a bright future as a star closer and a guaranteed multi-millionaire.  Now, entirely on his own initiative, he has become the first player ever banned from baseball for using steroids .

This is not easy, though Mejia did it with ease…and speed.  After recovering from Tommy John surgery, Mejia was establishing himself as the Mets closer by the end of the 2014 season. But he began the 2015 season with an 80-game suspension for testing positive for a common PED (Performance Enhancing Drug), then, even before completing that punishment,  flunked another urine test and earned himself a 162-game suspension a few months later.

Knowing full well that a third positive test would end his career, Mejia tried a different banned steroid, was caught again, and that third strike triggered a lifetime expulsion from major league baseball under the sport’s rules. Nobody has been that reckless and stupid, not even Manny Ramirez (who was caught twice), and Manny’s picture is in the dictionary under “reckless and stupid.” Continue reading →

Ethics Quote Of The Month: “Bridge of Spies”

/ Jack Marshall / 8 Comments

bridge-of-spies-656

The shooting script for the Academy Award nominated film “Bridge of Spies” is now online. Written by Matt Charman and the Coen brothers, it, like the film that Steven Spielberg made out of it, provides an unusually accurate and nuanced portrayal of ethical lawyering. The movie is worth seeing, better more than once, and I expect that I will use many issues raised in it for class discussion as I teach legal ethics to lawyers this year.

There is one howlingly wrong scene, in which the lawyer, Jim Donovan (played by Tom Hanks) has a private discussion with the judge who will be sentencing his client, a convicted Russian spy. Donovan argues against a death sentence. If this happened, and I doubt it, it would have been an egregious ethics breach: this is called ex parte contact, and is strictly forbidden.

The film redeems this misstep many times over, especially in a scene that neatly explores both the duty of confidentiality and the duty of loyalty, as well as the crucial role of rules in society, and why “the ends justify the means” as well as those who advocate that philosophy must be rejected. “Ethics Bob” Stone told me that he now uses the scene in his business ethics classes.

The scene begins with Donovan meeting in a restaurant with a man who has been following him…. Continue reading →