“bias makes you stupid”

Morning Ethics Warm-Up, 10/1/2017: Puerto Rico, Baseball Ethics, And Good Riddance To Hugh Hefner

/ Jack Marshall / 58 Comments

Gooood Morning October!

1 And with October comes the wonderful post-season of that all-American sports that does not leave its athletes with brain disease, that requires some erudition and an attention span longer than a terrier puppy’s to appreciate, and that does not subject its fans to incoherent political theater as part of the price of watching a game. Yes, “it’s baseball, Ray.”

Yesterday the Boston Red Sox finally clinched the America League East title, the first time in over a century that this perverse team has won a championship in consecutive years. In other words, nothing can spoil my mood today.

There are a couple of baseball ethics notes, too:

  • In Miami, Giancarlo Stanton has one last game to hit his 60th home run, which would make him the sixth major league to reach that mark in baseball history. Two of the six, Babe Ruth, whose 60 homers in 1927 stood as the season record for 34 years, and Roger Maris, the Yankee who broke the record with 61 in something of a fluke season, reached the mark fairly. The other three, Mark McGwire, Sammy Sosa, and Barry Bonds, were steroid cheats. Ever since Stanton caught fire after the All-Star break and looked for a while as if he would exceed 61, wags have been saying that he would become the “real” record holder, since the totals of Mark, Sammy and Barry ( 73, the current record, in 2001) shouldn’t count. Of course they should count. They have to count. The games were official, the runs counted, the homers are reflected in the statistics of the pitchers, the teams, and records of the sport. Bonds should have been suspended before he broke any records, but baseball blew it. Saying his homers (and Sosa’s, and McGwire’s) don’t count is like arguing that Samuel J. Tilden, Al Gore and Hillary Clinton were elected President.

Integrity exists in layers, and the ultimate integrity is accepting reality. The 1919 Reds won the World Series, fixed or not. O.J. is innocent in the eyes of the law, and Roger Maris no longer holds baseball single season home run record.

  • In Kansas City, manager Ned Yost did something gracious, generous, and strange. The Royals, a small market team that won two championships with a core of home grown, low-visibility stars, now face losing all or most of them to big free agent contracts that the team simply cannot afford. Fans are often bitter about such venal exits, and teams usually fan the flames of resentment: better that the market be angry at the players than the organization. After Red Sox fan favorite Johnny Damon, a popular symbol of the 2004 World Series winning club, left for greener pastures in the New York Yankees outfield, he was jeered every time he came to bat in Fenway Park for the rest of his career.

But Ned Yost, who will be left with a shell of his team and a new bunch of kids to manage in KC next year, was not going to let the players who made him a winner depart amidst anger and recriminations. During yesterday’s 4-3 victory in front of the home crowd at Kauffman Stadium, Yost engineered an emotional curtain call for all four of the players who were probably playing their last games as Royals.

He pulled them from the game, one by one, all while the team was in the field or the player on the bases, so each could get a long standing ovation: Eric Hosmer in the moments before the fifth inning; Mike Moustakas with one out in the sixth. Lorenzo Cain for a pinch runner. Alcides Escobar in the middle of the seventh.

Nice.

And none of them took a knee on the way out…

2. I have been researching to find any objective reports that support the claim that the federal government and FEMA are not doing their best to help Puerto Rico. There aren’t any. There are plenty of videos of the devastation, but even the New York Times, which is the head cheerleader for anti-Trump porn, has only been able to muster headlines about the relief effort being criticized. All of my Facebook friends writing—it’s really dumb, everybody—about how Trump is uncaring as they signal their virtue by telling us how their hearts go out to the residents of the island literally know nothing about the relief efforts. They don’t know anything about the planning, the logistics, the problems or what is feasible. Nonetheless, they think they have standing to say that it is incompetent, or slow (which means, slower than it has to be), or, and  anyone who says this better not say it to me, based on racism. Their assertions arise out of pure partisan bias, bolstered by convenient ignorance.

Vox’s Matt Yglesias, one of the knee-jerk doctrinaire leftists in the commentary world who does an especially poor job hiding his malady,  attempted to take a shot at the Trump administration by tweeting,

“The US government supplied Berlin for nearly a year by air despite a Soviet blockade using late-1940s technology.”

This is only a valid comparison for the willfully obtuse. You can’t airlift electricity and water, or a communication and transportation infrastructure that is necessary to distribute supplies. Berlin was surrounded, but it had all of these. Continue reading →

Morning Ethics Warm-Up, 9/29/2017: A Rude Librarian, Another Incoherent Knee, I Need To Start Listening To My Own Lectures, And Did YOU Know That “Green Eggs And Ham” Was Racist?

/ Jack Marshall / 79 Comments

Good Morning!

1 In the middle of yesterday’s continuing legal education seminar on technology and legal ethics, I was telling the attendees about the dangers of all things Google. As I was explaining why lawyers should never, never do legal business on a gmail account, I added that they also have an obligation to tell their clients that there is not a sufficient expectation of privacy when they use gmail to communicate with their attorney. Then I literally froze and stared into space.

“I just realized that one of my recent consulting clients, a lawyer, has been sending all of his communications and documents to me using gmail,” I said. I had noticed it, but it still didn’t trigger the response that I have been teaching to others for at least three years.

As a wise man once said, “D’oh!”

2. In the “I can keep it up as long as they can” category: There is now a viral photo of some idiot taking a kneel  during Taps at the Tomb of the Unknown Soldier.

Continue reading →

Ethics Essay Of The Month: Andrew Sullivan

/ Jack Marshall / 36 Comments

I used to read Andrew Sullivan’ blog regularly: he was smart, gutsy,a good writer, and willing to buck conventional wisdom> then the gay marriage controversy heated up—Sullivan is gay– and Andrew lost it. His focus and once-reliable rationality became distorted by anger, bias and emotion. He eventually gave up blogging because he determined that it was emotionally unhealthy; maybe he finally recognized that he needed a break. By that time, I had stopped reading him.

His brilliant essay in New York Magazine suggest that Andrew has his groove back, which means that his observation are thoughtful and worth pondering. The topic is tribalism, and he writes in part,

Over the past couple of decades in America, the enduring, complicated divides of ideology, geography, party, class, religion, and race have mutated into something deeper, simpler to map, and therefore much more ominous. I don’t just mean the rise of political polarization (although that’s how it often expresses itself), nor the rise of political violence (the domestic terrorism of the late 1960s and ’70s was far worse), nor even this country’s ancient black-white racial conflict (though its potency endures).

I mean a new and compounding combination of all these differences into two coherent tribes, eerily balanced in political power, fighting not just to advance their own side but to provoke, condemn, and defeat the other.

I mean two tribes whose mutual incomprehension and loathing can drown out their love of country, each of whom scans current events almost entirely to see if they advance not so much their country’s interests but their own. I mean two tribes where one contains most racial minorities and the other is disproportionately white; where one tribe lives on the coasts and in the cities and the other is scattered across a rural and exurban expanse; where one tribe holds on to traditional faith and the other is increasingly contemptuous of religion altogether; where one is viscerally nationalist and the other’s outlook is increasingly global; where each dominates a major political party; and, most dangerously, where both are growing in intensity as they move further apart.

Sullivan goes on to explain that this development is antithetical to the model the Founders intended for their new nation:

The project of American democracy — to live beyond such tribal identities, to construct a society based on the individual, to see ourselves as citizens of a people’s republic, to place religion off-limits, and even in recent years to embrace a multiracial and post-religious society — was always an extremely precarious endeavor. It rested, from the beginning, on an 18th-century hope that deep divides can be bridged by a culture of compromise, and that emotion can be defeated by reason. It failed once, spectacularly, in the most brutal civil war any Western democracy has experienced in modern times. And here we are, in an equally tribal era, with a deeply divisive president who is suddenly scrambling Washington’s political alignments, about to find out if we can prevent it from failing again.

Bingo.

Sullivan explains the evolutionary basis of tribalism and why it is so deeply rooted in the human psyche. Then he writes, Continue reading →

A Hopefully Calming Word From Your Host [Updated]

/ Jack Marshall / 180 Comments

I would not have predicted that the NFL Anthem Protest (Or is it the anti-Trump protest? The “there are still injustices in America protest”?) Ethics Train Wreck would be the topic to cause multiple meltdowns, name-calling bouts and potty-mouth attacks among the veteran commenters here. I’ve given up on predicting which issues will ignite the assembled, however.

I am proud of the passion and intelligence with which the regular participants in this forum attack the varied matters I throw down for consideration. At their best, even the most intense debates usually bring more light than heat, to use the dichotomy poor Howard K. Smith employed when William F. Bucklet snapped, called Gore Vidal a “queer” on live TV and threatened to punch him out.  However at least four veteran commenters here have had Buckley-esque flip-outs of late, and that will not do.

I don’t expect this blog to ever be “safe.” Bad, lazy, poorly reasoned, biased and partisan opinions should always be called out, and in terms that fit the offense. I do not want to police words, but when we move beyond fair or at least supportable assessments of comments into insults and the denigration of commenters, I expect the ethics alarms to ring out. If they don’t sound, I don’t know what the purpose of Ethics Alarms is. Theoretically, we are here to learn from each other, and that means giving each other the benefit of an assumption of good will, and occasionally a damn break.

Those who have contributed positively here for a lengthy period build up credits that will allow them to commit one or more egregious breaches of decorum without any adverse action. Ironically, I also expect the veterans and frequent commenters to be role models, and lead by example.

I also want to urge some commenters here to make an effort to curtail endless, circular one-on-one debates  in which the objective deteriorates into getting the last word. In the past, Ethics Alarms has seen some epic debates resembling the Hundred Years War. What is remarkable about all of them is that it was clear as glass from the start that neither combatant was going to yield, and indeed was even fairly processing what his or her adversary was saying. I confess: outside of checking in periodically and making sure that the exchange isn’t resembling a Tarantino film, I don’t read these very long. They are boring. And because they are boring, they make Ethics Alarms boring.

Commenters with agendas are also a problem. If you approach every issue here knowing immediately what position you are going to take before you even read the post, I submit that your objective is less helping us nourish an ethical society than something else. You need to think about that, because it makes you a less valuable participant here. It also can make you annoying.

One more thing I need to add (and am adding as I am in a Fairfax, VA hotel after a horrible sleepless night as I prepare for a presentation to local lawyers about legal ethics and technology: occasionally pushing another commenter’s buttons—you know who has them, and what to push—is occasionally justifiable, but becomes sadistic and abusive if engaged in as a regular tactic.

You know, I’ve met a lot of you. There isn’t one commenter that I have met that I don’t like. Every one is a smart, passionate, interesting person. I would recommend that before you start hurling abuse at another empty face in cyberspace, consider that, as Marge Simpson sang in “O Streetcar!,” “A stranger’s just a friend you haven’t met.”

We can get our work done civilly and respectfully. I’ve seen it. If all else fails, consider the advice of Elwood P. Dowd:

Years ago my mother used to say to me, she’d say, “In this world, Elwood, you must be” – she always called me Elwood – “In this world, Elwood, you must be oh so smart or oh so pleasant.” Well, for years I was smart. I recommend pleasant.

I recommend both.

Someone Needs To Remind Poor California That It Is Just Another State, And In Need Of Therapy

/ Jack Marshall / 46 Comments

It isn’t just your Democratic friends that Donald Trump’s election and presidency have caused to obsess in an unhealthy manner. The entire state of California just can’t move on with life. Bitter and angry, it is somewhere between the second and third stages of grief ( denial, anger, bargaining, depression and acceptance).  If the state had knees, it would be going down on one, and screaming.

The legislature has passed a law requiring that Presidential candidates who want to appear on the California ballot would have to release their previous five years of tax returns. Tax returns are part of the impeachment crowd’s imaginary smoking gun evidence package. As with the emoluments clause, the Russian conspiracy theory and the “he’s not sufficiently like other Presidents so he must be insane” argument, the Trump-Obsessed are certain that if we just knew the truth about what was in the President’s tax returns, reversing the election would just be a few creative steps away.

Senate Bill 149 passed on September 15, and it is waiting for Governor Brown’s signature. Brown has not always been a fan of releasing candidate tax returns, like his own, for example.  He released his tax returns in his first two gubernatorial races, but not in 2010 or 2014 , after his opponents refused to  release theirs. I’m sure Brown will sign the bill, though. He has shown less and less inclination to restrain his increasingly alienated state’s political over-reach. Continue reading →

Ethics Quote Of The Week: Prof. Jonathan Turley

/ Jack Marshall / 28 Comments

“It is astonishing to see the pride of that such individuals taken in their embrace of gender or racial discrimination as a tool of social justice. They see no moral or legal problem with penalizing people due to the color of their skin or their gender. Instead, they foster the same blind stereotypes and prejudices that once segregated societies on these grounds. They learned the history but not its lesson.”

—-Blogging prof Jonathan Turley, writing about a Canadian director who has insisted that white, “cis” males pay a higher ticket price to see his film. It’s called “Justice Pricing.”

Observations:

1 Turley is wrong: there’s nothing astonishing about it, as I just explained.

2. Now we know there is a place for all the anti-democratic social justice warriors who would be very happy to see the U.S. establish unconstitutional “Justice Pricing,” “Justice Hiring,” “Justice Promotions,” “Justice Convictions,” “Justice Admissions,” “Justice Expulsions,” “Justice Taxing,” “Justice Elections,” “Justice Sentencing,” “Justice Justice” and more: Canada.

3. “Justice Pricing” is about as Orwellian as it gets, don’t you think? Continue reading →

Morning Ethics Warm-Up, 9/23/2017: Special “Love Him, Hate Him Or Tolerate Him, Ya Gotta Admit President Trump Isn’t Boring” Edition

/ Jack Marshall / 22 Comments

I don’t know about you, but I was getting mighty sick of those “morning” shots…

GOOD MORNING!

1 Peggy Noonan, the former Reagan speechwriter who writes powerfully and is not afraid to take unpopular positions, has been as critical of Trump as any rational pundit. She writes in her latest column, that the news media has misrepresented Trump’s U.N. speech, which, she says further,  was what the U.N. “needed to hear clearly and unequivocally.” She adds,

A great line—because it spoke a great truth—was this: “The problem in Venezuela is not that socialism has been poorly implemented, but that socialism has been faithfully implemented.” Mr. Trump then paused and looked at the audience. It struck some as a “please clap” moment. It struck me as a stare-down: I’m saying something a lot of you need to hear. You’re not going to like it, and I’m going to watch you not like it.

… Mr. Trump is on a roll, a sustained one the past few weeks, and this is new. All levels of government performed well in the hurricanes. Mr. Trump showed competence, focus and warmth. His bipartisan outreach, however it ends, went over well with core supporters and others. He had a strong speech at the U.N., in fact a successful U.N. week, beginning to end. His poll numbers are inching toward 40%.

Noonan meets the ethical standard that the mainstream news media, critical pundits and “the resistance” have relentlessly breached: give the President credit when it’s due, and subdue bias to engage in objective analysis for the public;s enlightenment.

2. Ann Althouse, also noting that the President’s poll numbers have been creeping up (a. Not that much b. Who trusts polls? c. So what?), polled her readers regarding why they thought this was happening. Her options were mostly the right ones, though Peggy’s “bi-partisan outreach” was conspicuously missing…

“Hurricanes”—these sorts of natural disasters are usually opportunities for Presidents to play President, and that seldom is anything but enhancing to a POTUS’s image. Ronald Reagan’s speech after the Challenger disaster was a perfect example. Trump gets less credit than he deserves because the news media works hard to represent anything he does in a negative light.

“Kim Jong Un”—Since so many progressives believe that we should keep allowing North Korea to extort the West by endlessly appeasing it, it is hard to see Trump’s hard-line stance moving the needle.

“U.N. Speech”—unless American read it, which few have, I assume the (false) mainstream narrative that it was a disaster prevails.

“Normalization happened”—THAT’s certainly wrong. If it means that General Kelly has made a big and positive difference, then OK. The Wite House is certainly more normal than it was, but far from normal.

“Russia collusion story fading”: “The resistance” is still certain that Trump bartered to win the election and will be impeached for it. Facts, evidence and reality are irrelevant to them.

“Successful policies have been implemented”—In fact this is true, but again, the only ones who know it are pro-Trump partisans,  the small number of citizens who dig through the static and fog of mainstream media Trump Hate, and those who don’t think any retreat from the inexorable progression to open borders, socialism and Big Brother is a tragedy.

“Nothing’s gone horribly wrong (yet)”: The Trump Deranged think that everything has already gone horribly wrong, and that we’re all going to die. Here is a typical Facebook post from a good friend this week:

Trump IS deranged. And we’re all going to pay for it. Am I surpised that a hermetic totalitarian proto-monarchy has created a Kim Jong Un? No, it’s completely predictable and logical. That the US of A has elected someone who is NO better whatsoever than Kim, and in some ways quite worse, is the unforgivable aspect of this whole equation.

“Bad things like The Wall and repealing Obamacare seem to have been merely campaign bluster”—Nah. Lots of other things were bluster; these were just impossible.

But I voted for this one, also supported by my friend’s crazy post: “Trump haters are tiresome.” “Tiresome” is professorial nice-speak for “So vile, un-American and unhinged that if they want one thing, sane and fair and rational citizens will increasingly prefer the opposite.”  The category includes “tiresome” public figures like the Late night “comedy” show hosts, Bill Maher, Samantha Bee, Hollywood, MSNBC, Maxine Waters, the New York Times, CNN, Black Lives Matter, Tom Perez, Elizabeth Warren, and, of course, Hillary Clinton. It’s pure cognitive dissonance.

Naturally that choice is also leading in votes, followed by hurricanes, North Korea, and the UN speech.

3. As always, when the President is feeling cocky, he lets loose with dumb tweets and inflammatory comments just to remind us that he’s not going to change. This morning he reacted to San Francisco Warriors super-star Steph Curry saying that he “didn’t want to go” to the White House when the President hosts the traditional visit from championship sports teams, tweeting,

“Going to the White House is considered a great honor for a championship team.Stephen Curry is hesitating, therefore invitation is withdrawn!”

Stipulated: this is petty, and beneath the President’s office, like 99% of his tweets. It shows thin skin and vindictiveness, and is punching down in the sense that any attack on a citizen from the White House is punching down.

And yet, and yet…I have to say I smiled when I read it. It is damaging for athletes and cultural role models to be disrespectful to the President, the Office, and the country. Curry was gratuitously rude, and deserves a rebuke…just not from the President of the United States.

(I still hope Trump retracts the invitation to the whole team.)

The other outburst, also involving sports, is indefensible.

At a Huntsville, Alabama rally for Republican Senator Luther Strange, who is running in a special GOP primary election to remain in the seat vacated by Attorney General Jeff Sessions, Trump went off script and said,

“Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a bitch off the field right now. Out! He’s fired. He’s fired!’” Trump said. “You know, some owner is going to do that. He’s going to say, ‘That guy that disrespects our flag, he’s fired.’ And that owner, they don’t know it [but] they’ll be the most popular person in this country…But do you know what’s hurting the game more than that? When people like yourselves turn on television and you see those people taking the knee when they’re playing our great national anthem. The only thing you could do better is if you see it, even if it’s one player, leave the stadium. I guarantee things will stop. Things will stop. Just pick up and leave. Pick up and leave. Not the same game anymore, anyway.”

Ugh. Owners have a right to discipline players for bringing politics onto the field. When a President tells them to, that  edges too close to government action, chilling speech, and a First Amendment violation.

On the other hand, one does not have to be a conspiracy theorist to detect an uncoordinated but pervasive effort in the news media, academia, the tech sector, show business and Hollywood, and now sports, to flood the culture with so much progressive propaganda and anti-Trump bile that government becomes impossible. The effort has to be countered, but the President is not the proper one to counter it. Still, the integrity and functioning of our democracy is at stake.

4. In Ann’s “Successful policies have been implemented” category, except I would call it “essential polices,” was the expected withdrawal of the Obama Education Department’s infamous “Dear Colleague” letter that prompted universities to dispense with due process and fair standards when finding male students guilty of sexual assault and rape. Blogger Amy Alkon, another rational Trump critic, nonetheless enthusiastically and definitively slapped down an awful, ethics-devoid Times op-ed that, as the Left is wont to do these days, argued that the innocent until proven guilty standards and equal justice should be re-calibrated for the greater good, which is to say, for the benefit of favored groups. Alkon writes of the feminist authors,

[T]hey clearly aren’t looking for justice for all, but just justice for some: typically, the woman. They continue:

The preponderance of evidence standard is also survivor-centered. When judging whether someone has been raped, it’s almost impossible to assert that a sex act constituted violence “beyond a reasonable doubt.”

Our justice system in this country involves erring on the side of freeing a possibly guilty person in hopes of seeing that innocent people are not imprisoned. The fact that it is sometimes hard to judge a “he said”/”she said” case does not change that.

On the other side, and in Althouse’s  “Trump haters are tiresome” ( “tiresome”= frequently biased, ignorant, dishonest, undemocratic, unfair, vicious and hypocritical, as well as dumb as bricks) category, we have this tweet from snarky female comic Chelsea Handler:

“Thank you @betsydevos for making it easier for rapists going to college to get away with raping innocent women. What a role model…”

Anyone who thinks that is clever or true needs to—quickly— read the Constitution, perhaps with a literate translator, maybe a U.S. history book or two, and get at least a rudimentary understanding of the principles underlying the United States and its values.

_____________________________

Graphic: heartist

 

Given The Opportunity And The Power, Blacks Will Discriminate Against Whites, Women Will Discriminate Against Men, Gays Will Discriminate Against Straights, And Liberals Will Discriminate Against Conservatives, Because That’s What Human Beings Tend To Do. Now What? I Recommend “In The Heat OF The Night”….

/ Jack Marshall / 19 Comments

I’ve been meaning to write about this for a long time, at least since February, when professional women’s basketball star Candace Wiggins, who retired from the WNBA last year after eight seasons in the league, told  reporters that she was bullied and harassed during her career because she was not gay.

“Me being heterosexual and straight and being vocal in my identity as a straight woman was huge,” Wiggins said. “I would say 98 percent of the women in the WNBA are gay women. It was a conformist type of place. There was a whole different set of rules they [the other players] could apply.” She says it drove her out of the league and the game. The WNBA denied her allegations, and the story wasn’t around very long.  Gays don’t bully, they ARE bullied! Then, this week, ThinkProgress reported that a former University of Southern California point guard, Camille LeNoir, alleged she was denied an assistant coaching job in the New Mexico State University athletic department because she had the “wrong” sexual orientation.  She claims that she had a firm job offer when the school thought she was a lesbian, but when she announced that she no longer regarded herself as gay, the offer was rescinded. This week, a federal judge in California decided to allow her discrimination case to advance.

I don’t know whether the perceptions of either Wiggins or LeNoir are accurate, but I don’t doubt that the kind of bullying and prejudice they describe goes on. There have been similar accounts in other women’s sports, like tennis and golf. Yes, it appears that unlike the male side (with the exception of men’s figure skating), gay women dominate many if not all women’s sports. I will eschew writing something arch like, “Who would have suspected?” in favor of the more direct, “This should come as no surprise, but saying so will offend feminists, female athletes and lesbians anyway.”

One would think that when a historically oppressed and discriminated-against group gains power or perceives that it has power, it would behave toward others as it wishes it had been treated during all those years of being marginalized. Alas, the opposite is usually the case, and most of the time. In one of my worlds, professional theater, gay men dominate, and there are theaters that have the reputation of actively discriminating against straight actors. Hollywood, of course has become a workplace where being revealed as a conservative is to face virtual blacklisting. Give a minority power, and as often as not, what emerges are bullies and bigots. Continue reading →

Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

/ Jack Marshall / 28 Comments

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading →

Ethics Observations On The Trump-Deranged Prof’s 2016 Post-Election Freak-Out

/ Jack Marshall / 27 Comments

Bridgewater State University professor Garrett Avila-Nichols wrote the Facebook screed above shortly after the November 8 defeat of Hillary Clinton by President Anti-Christ. Somehow the post didn’t become known to students—at least the ones he hate—and apparently even the university’s administration until this week.

Observations:

1 We are seeing one example after another of college professors making tweets and other social media posts denigrating conservatives, Republicans, whites, men and Trump voters in emotional, vicious and frequently obscene rhetoric. Can anyone recall any similar conduct from professors directed against liberals, conservatives, minorities, women, or Obama, Clinton or Carter voters? I know that there was no social media to abuse for much of those periods, but still: when did professors get the idea that attacking large segments of the population and the student body was tolerable? Why do they think it is acceptable conduct now?

2. Is it because they see, hear and read so much similar hate and fury in the mainstream media, social media, and mouth-foaming  anti-Trump fanatics like Maxine Waters, Keith Olberman, and Stephen Colbert, and see them get away with it relatively unscathed?

3. Professor Turley is almost an absolutist on the matter of professors being able to exercise their First Amendment rights on social media. Would he defend this? Really? How can someone teach students when he has declared in print and online that some of them aren’t welcome? How could such students trust such a professor to grade them objectively and fairly? Teachers are supposed to be mentors and allies: how can someone who hates you perform those roles? How can a school trust a professor who writes something like that?

4.  Does it matter that this is an old post? I don’t think so. Emotions that intense and judgement that terrible are signature significance. Rational, reasonable, trustworthy professionals don’t make public outbursts like that. Ever. Continue reading →