Author: Jack Marshall

Friday Ethics Potpourri, 9/24/2021: On PBS, Boeing, A Political Hack Law Dean, And Caring

/ Jack Marshall / 4 Comments

Lawn sign

Many thanks to reader and commenter Jeff for bringing that lawn sign to my attention. It’s available here. I wish I had thought of it; one of these days I’ll get around to making a “Bias Makes You Stupid” T-shirt as an Ethics Alarms accessory. I would never post such a sign on my lawn for the same reason I object to the virtue-signaling signs in my neighborhood: I didn’t ask to my neighbors’ political views thrust in my face, and I don’t inflict mine of them. However, if a someone living in a house on my cul-de-sac inflicted a “No human being is illegal” missive on their lawn where I had to look at it every day, the sign above would be going up as a response faster than you can say “Jack Robinson,” though I don’t know why anyone would say “Jack Robinson.”

1. Roger Angell on caring…It’s September, and the Boston Red Sox and New York Yankees start a three game series tonight with nine games left to the season. It could well determined which of the two teams will go on to the post-season, with a shot at the World Series. The encounter brings back a flood of memories, wonderful and horrible, about previous Sox-Yankee battles of note, including one from 1949, before I was born. I worked with a veteran lawyer at a D.C. association who was perpetually bitter about all things, and all because the Red Sox blew a pennant to New York that year by choking away the final two games of the season. For me, moments like this are reassuring and keep me feeling forever young: as I watch such games, I realize that I am doing and and feeling exactly what I was doing and feeling from the age of 12 on. Nothing has changed. Roger Angell, one of my favorite writers, eloquently described why this is important in his essay “Agincourt and After,” from his collection,”Five Seasons”:

“It is foolish and childish, on the face of it, to affiliate ourselves with anything so insignificant and patently contrived and commercially exploitive as a professional sports team, and the amused superiority and icy scorn that the non-fan directs at the sports nut (I know this look — I know it by heart) is understandable and almost unanswerable. Almost. What is left out of this calculation, it seems to me, is the business of caring — caring deeply and passionately, really caring — which is a capacity or an emotion that has almost gone out of our lives. And so it seems possible that we have come to a time when it no longer matters so much what the caring is about, how frail or foolish is the object of that concern, as long as the feeling itself can be saved. Naivete — the infantile and ignoble joy that sends a grown man or woman to dancing and shouting with joy in the middle of the night over the haphazardous flight of a distant ball — seems a small price to pay for such a gift.”

A small price indeed.

2. PBS may be a progressive propaganda organ, but the facts will out. A streaming service offers the channel’s documentaries for a pittance, and they are a reliable source of perspective and enlightenment. One that my wife and I watched this past week was about the development of the FDA and other federal agencies that protected the public and workers. When workers at manufacturing plants making leaded gasoline started dying of lead poisoning, the government scientists’ solution was to just ban the product. General Motors and Standard Oil fought back and overturned the ban, assuring Congress that they could make leaded gas safe to produce, and they did. This was a classic example of why we must not let scientists dictate public policy: leaded gasoline transformed transportation and benefited the public. The scientists’ approach was just to eliminate risk; they didn’t care about progress, the economy, jobs or anything else. Science needs to be one of many considerations, and when scientists have been co-opted by partisan bias, as they are now, this is more true than ever.

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The American Left Appears To Be Losing Its Collective Mind. This Is Not A Good Thing…

/ Jack Marshall / 17 Comments

Crazy progressives are not good for anyone. Bias makes you stupid, but crazy makes you dangerous. What is causing all of these meltdowns, in which previously respected people and institutions on the left side of the ideological spectrum throw their trustworthiness to the winds? Is it panic? Desperation? The obvious catastrophe that is the Biden administration? The decisive demonstration that the Russian collusion hoax was a Clinton-led conspiracy? The frightening specter of a Trump return? Abortion and affirmative action dishonesty finally facing principled challenges? What?

I don’t know, but the signs are portentous…

  • Biden’s National Park Service, which operates Ford’s Theater (where Lincoln was shot) tweeted for no discernible reason,

ford Tweet

What the hell? Damn right we put Lincoln on a pedestal, and also in a big chair over-looking the Mall and the Capitol. That’s because the nation owes its existence to Abe, as well as the best expressions of its ideals. Why would the operators of the memorial to Lincoln’s death issue such a weasel-worded invitation to diminish Lincoln’s legacy? Ford’ Theater only exists today because of Lincoln, just like the United States of America. The anti-American wacko segment of the critical race theory cabal is now handling communications for Ford’s Theater, is it?

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“The View’s” Joy Behar, Making Americans Ignorant And Unethical From Coast To Coast

/ Jack Marshall / 3 Comments

Behar

Freedom of speech guarantees citizens a right to express idiotic opinions, but it does not ensure the opportunity to spread stupidity far and wide using network TV news shows. The fact that ABC lets idiot loudmouth Joy Behar out of her cage every week to issue opinions from a place of authority that actively make viewers less informed and more ethically obtuse is irresponsible beyond contempt. Behar’s only value, and it is substantial, is to provide a prominent profile of how millions of addled citizens think. It’s bad enough that a C-level comedienne thinks like Behar, but there are millions like her. She should not, however, be allowed to make drooling clones with the assistance of the American Broadcasting Corporation.

Yesterday, the ladies of “The View” were discussing the Clinton-Lewinsky TV mini-series—I would watch a Hungarian-dubbed version of “Pootie Tang” before I would spend a second viewing that—whether Monica Lewinsky should be considered a victim, and whether Clinton faced sufficient consequences from his actions. [Of course Lewinsky was a victim, one of a powerful sociopath and sexual predator who exploited a star-struck intern while neglecting his duties and betraying his wife.] Warning was supplied, I guess, by the presence of the spectacularly ridiculous Ana Navarro, who let viewers beware that violent head explosions were coming by her fatuous statement that today’s Democrats would have impeached Clinton because they “tend to hold themselves and their own accountable and to a higher standard.” 

Yes, she really said that, as the White House still is occupied by Joe Biden, whom Democrats put there despite his having photo albums filled with Joe groping, sniffing, kissing and pawing wincing girls and females as he served as Vice-President and U.S. Senator. High standards!

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A Baseball Ethics Meets Legal Ethics Spectacular!

/ Jack Marshall / 6 Comments

John_Henry_Wigmore_cph.3b34499

You can imagine how happy this ethics mash-up makes me.

In legal ethics, a perpetual controversy involved what a law yer should do when another lawyer inadvertently sends him or her confidential information intended for the adversary lawyer’s client, and the information is a smoking gun that could win the receiving lawyer’s case. In the old days, when this involved some clerk in a law firm sending a load of documents to the opposition by mistake, the rule was simple. It was called “the Wigmore Rule,” after the famous law professor, John Henry Wigmore (above) who coined the phrase, “You snooze, you lose.”

In brief, the convention was that if a lawyer was careless enough to let this happen, he or she was at fault, and the lawyer getting the confidential documents could use them to benefit his or her client. The advent of faxes, and later the internet, and after that metadata, however, through what was largely settled law and ethics into a tangle that has yet to be settled. Technology made such errors much more common and also easier to make, and the American Bar Association’s opinions on the matter bounced back and forth like ping-pong balls, first saying that a Golden Rule approach should apply, with lawyers sending the material back to the technologically-challenged lawyer without looking it over, then concluding that lawyers should know how to use essential technology (back to the Wigmore Rule!), until the newest technological developments made them sympathetic again to lawyers who don’t get confidential metadata out of their emails. Last I checked, the state bars still don’t agree, but many are drifting back to the Wigmore Rule once again…as they should.

Now, you might well ask, how does this relate to baseball ethics?

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Ethics Among the Rain Drops, 9/22/2021

/ Jack Marshall / 19 Comments

Today is a big ethics date: on September 22, 1862, President Abraham Lincoln announced that his Emancipation Proclamation was on the way. Finally issued on January 1 of the next year, its primary initial significance was that the document defined the Civil War as a fight to abolish slavery, not merely to restore the Union. In fact, the Presidential order to come couldn’t free anyone, since it only applied in practice to Northern states where slavery was already banned. On this date, Lincoln told blacks in the Confederacy that they would be free within 100 days. Well, theoretically, anyway. The proclamation, when its official version arrived, also called for the recruitment and establishment of black military units among the Union forces. An estimated 180,000 African-Americans went on to serve in the army, while about 18,000 served in the navy.

The redefinition of the war’s mission announced on this date was a political masterstroke. Suddenly, backing the Confederacy meant favoring slavery, so anti-slavery Great Britain and France could not ally themselves with the South.

1. Not a play review, just more propaganda for open borders...New York theater is back, and so is the “Good Illegal Immigrant” trope. A new play called “Sanctuary City” is being cheered on by critics, although, or perhaps because, its theme is that it’s just so mean and cruel for the United States to enforce its laws against “undocumented immigrants” (that’s illegal immigrants to the honest). The review is headlined, “Slamming a door on a Dream.” The use of the dream metaphor is deliberate deceit; that one may dream of achieving one’s goals by breaking laws doesn’t make the act of breaking those laws any more justifiable. As with “they just want a better life!”, this is an appeal to emotion over facts. Bank robbers want to be rich_–they just want a better life too. So do cheating husbands who kill their wives for the insurance money. That the news media continues to enable this dishonest and unethical theme shows us just how untrustworthy they are. Here’s nauseating last line in the review by Jesse Green, a regular panderer to the woke: “Newark may be a sanctuary city, but there is no sanctuary to protect you from the necessary betrayals of those you love — including your adopted country.” No. It is a betrayal of U.S. citizens to allow lawbreakers to force their way into our country, and it isn’t a foreign citizens’ adopted country until we choose to adopt them.

2. Nah, the critical race theory movement being pushed in the schools isn’t racist! Look:

Bad white parents

Yes, this is the largest teachers union in Pennsylvania eagerly promoting a workshop that attacks parents based on their race. Verdict: racism is unethical. So-called anti-racism based on racism is unethical. The sky is blue, and the sea is wet. [Source: Not the Bee]

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A “Bias Makes You Stupid” Case Study: Meghan McCain

/ Jack Marshall / 12 Comments

Meghan McCain

Meghan McCain, the late Senator’s daughter, is attracting well-deserved mockery for her first column in the Daily Mail, the British tabloid. In her lament, John’s little chip of the old block pronounces herself amazed and horrified that Joe Biden, as President, has been exactly what it was obvious to anyone paying attention that he would be after his bumbling, fumbling, sometimes frightening campaign in 2020. This snippet is sufficient:

“The man I once considered a friend and confidante has morphed into a feckless and unreliable leader I no longer recognize. He gives all the signs of stubborn cantankerous naiveté, surrounded by idiotic sycophants anyone who has spent more than fifteen minutes around politics should easily recognize as the worst type of corrupt bureaucrats. Biden’s policies have broken with his rhetoric of unity to create more division and distrust. Inflation has exploded. Americans are paying more at the pump and the grocery and soon for their kids’ holiday toys. The schools are supposed to be reopened, but in-person learning is inconsistent and can be pulled away with the speed of a positive test. The vaccine booster shots, which Biden promised at the beginning of the month, ran into a brick wall of FDA policy. New government mandates are testing the limits of executive power. The man who promised he would shut down the virus, not the country, is doing the opposite.“

Why yes, Meghan, Joe Biden is conducting his Presidency exactly as one should expect from a career political hack of minimal intellectual timber who was obviously in the throes of diminishing capacity when he was nominated, and who was only nominated to be a malleable prop for the far-left while the Democrats pretended that he was a moderate “adult in the room” in contrast to ruthless ideologues like Elizabeth Warren and human racial spoils like Kamala Harris? Why are you surprised?

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“The Best People” Strike Again! The Latest Trump Campaign Scandal

/ Jack Marshall / 1 Comment

Trump lawyers

There is a legitimate “bombshell” story rapidly flashing across the news today. Its speed and prominence—specially on MSNBC and CNN, naturally— is explained by the fact that it can be used to attack and weaken Donald Trump, of whom the Axis remains justly terrified of having back in the White House (as should we all, though for other reasons). That the mainstream news media can barely restrain their glee and that Democrat partisan hacks will over-hype the revelation doesn’t make the story any less revolting. Nor does the fact that it should surprise no one.

The New York Times’ front page story reports…

“Two weeks after the 2020 election, a team of lawyers closely allied with Donald J. Trump held a widely watched news conference at the Republican Party’s headquarters in Washington. At the event, they laid out a bizarre conspiracy theory claiming that a voting machine company had worked with an election software firm, the financier George Soros and Venezuela to steal the presidential contest from Mr. Trump….By the time the news conference occurred on Nov. 19, Mr. Trump’s campaign had already prepared an internal memo on many of the outlandish claims about the company, Dominion Voting Systems, and the separate software company, Smartmatic. The memo had determined that those allegations were untrue. The court papers, which were initially filed late last week as a motion in a defamation lawsuit brought against the campaign and others by a former Dominion employee, Eric Coomer, contain evidence that officials in the Trump campaign were aware early on that many of the claims against the companies were baseless. “The documents also suggest that the campaign sat on its findings about Dominion even as Sidney Powell and other lawyers attacked the company in the conservative media and ultimately filed four federal lawsuits accusing it of a vast conspiracy to rig the election against Mr. Trump.”

I try to limit the number of posts here commenting on obvious unethical conduct unless the conduct is extreme, unusual, or culturally significant. Of course the conduct of the Trump campaign was unethical, but it was also distressingly close to what Trump’s enemies have been saying about the January 6, 2020 riot, and, to make another more apt comparison, what the Democrats, led by Hillary Clinton and Deep State saboteurs within the government, attempted to accomplish with their contrived “Russian collusion” plot. The objective in both cases was to use false information to shake the American public’s faith in their own institutions and systems of government to justify seizing power illicitly.

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Your Child’s Teacher Might Be An Idiot If…

/ Jack Marshall / 27 Comments

Poster

…this poster is hanging in the classroom. Is there any “might” about it? Well, it’s possible that the teacher knows most of the bumper-sticker platitudes on the poster are naive, misleading, simplistic to the point of uselessness and actively suffocate critical thinking, but they are part of a loose conspiracy determined to breed Marxism, or maybe just stupidity, which is to Marxist indoctrination what agar is to bacteria, in our rising generations.

That fatuous list of virtue-signaling blather is being sold on T-shirts, stickers, posters, mugs, kids’ T-shirts and masks, and could stand as Exhibit A to prove the proposition that any parent who doesn’t drop in on their child’s classroom to see what kinds of propaganda is being force-fed there is lazy, irresponsible, and partially responsible for the rapidly spreading cultural, intellectual and ethical rot spreading over the land.

The nine progressive spit-bubbles above also turn up on lawn signs in my neighborhood. That’s fine: if adults want to signal they are squishy-brained moron, that’s a public service, and if they choose to train their children to think the Care Bears are profound, well, those kids’ DNA is probably pretty wan anyway. But teachers openly promoting such stuff as “truth” or worse, wisdom, is a hair from child abuse, and maybe not even a hair. I am going to begin advocating that all teacher interviews include the questions,

  • “Do you but, wear anything with these statements on them? Why?”
  • “Would you display such messages in your classroom?”
  • “Taking each of the statements individually, please explain how they are overly simplistic or inappropriately political in nature, or why you think they are not.”
  • “If you had such messages posted in your classroom, would you object to a parent of one of your students see it?”
  • “If a parent objected to the display, how would you respond?’

Let’s examine those nine assertions. One, “Kindness inspires,” is unobjectionable. As for the rest,

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Ethics Dunce: Yale Law School Deputy Dean Ian Ayres

/ Jack Marshall / 23 Comments

Yale-Law-School

Ian Ayres, the deputy dean at Yale Law School—I worked in the administration of a law school, and I must admit that I never heard of a “deputy dean”— decided to signal his virtue and lock-step wokeness as well as, presumably, that of Yale by submitting an op-ed to the Washington Post titled “Until I’m told otherwise, I prefer to call you ‘they’.” I welcome it, if only because the essay shows that it isn’t only Harvard among the Ivies that has been corrupted by “The Great Stupid.”

I realized, as I read this foolishness, that I have cited or thought about the Abe Lincoln riddle about calling a dog’s tail a leg (“If you call a tail a leg, how many legs does a dog have? Four—because calling a tail a leg doesn’t make it a leg!”) more often in the past few years than I had done previously during my entire life. This is because Rationalization #64,Yoo’s Rationalization or “It isn’t what it is,” which easily could have been named “Orwell’s Rationalization” except that John Yoo really deserves to be remembered as the lawyer who tried to justify water-boarding on the grounds that it wasn’t torture, has become a core operating principle of the progressive moment on a dizzying number of fronts.

One of the silliest of all, and signature significance regarding how far the left end of the ideological scale has traveled mid-air over the proverbial shark, is the Woke Wonderland’s insistence that gender is just a construct, and if you want to be a different sex than what all biological and anatomical markers say you are, “Poof!”, you are! Not only that, you are now able to condemn, and some maintain even sue, anyone who doesn’t bow to your peculiar version of reality.

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