A Federal Court Reinstates Tom Brady’s Suspension For Cheating

Good.

What Brady doesn't get: When people think you cheated, the smirk is does as much damage as the conduct.

What Brady doesn’t get: When people think you cheated, the smirk is does as much damage as the conduct.

The U.S. Court of Appeals for the Second Circuit appeals court reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady yesterday. This overturned last year’s ruling by U.S. District Judge Richard M. Berman, who had nullified the league’s suspension of the superstar quarterback. The three-judge panel of the appeals court wrote…

“We hold that the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.”

It is important to note that the Court only ruled on whether NFL Commissioner Roger Goodell had the power to suspend Brady and did not violate the player’s rights as a players union member by doing so. The NFL’s current deal with the players gives Goodell the kind of power Major League Baseball gave to its first commissioner after the 1919 Black Sox Scandal, when gamblers fixed the World Series. Goodell, like Landis, can use his discretion to punish a player for “conduct detrimental” to the game and the NFL. They did this because a disturbing number of NFL players were getting headlines for doing things that don’t comport with what the public expects of its paid heroes, like sucker-punching women, shooting people, getting in bar fights, and engaging in assorted felonies. The game also has a very successful coach, Brady’s coach, in fact, who has made it very clear that he will cheat whenever he can get away with it..

I’m not going to rehash the “Deflategate” incident: I wrote enough about it when it occurred. Nobody knows for certain if Tom Brady in fact did conspire with Patriots employees to cheat when his team was behind in a crucial play-off game, but we know this: Continue reading →

The Astounding Apology of Anti-Semitic Harvard Law Student Husam El-Coolaq

husam_linkedin_photo

At Harvard Law School, an event in the Program on Negotiation, sponsored by the Jewish Law Students Association and Harvard Hillel and titled “The Israeli-Palestinian Conflict & the U.S” consisted of an exchange of ideas between former Israeli Foreign Minister Tzipi Livni and American diplomat Dennis Ross.

Husam El-Qoulaq, a law student in the audience asked this:

My question for Tzipi Livni is, how is it that you are so smelly? It’s regarding your odor — about the odor of Tzipi Livni, very smelly.

How professional, civil, respectful and representative of the image that the nation’s most prestigious law school wishes to present to the world!

Harvard Law’s Jewish community reacted with indignation at this brazen display of anti-Semitism, while Harvard’s Law School Dean Martha Minow issued an official statement that the incident…

“…was offensive and it violated the trust and respect we expect in our community. Many perceive it as anti-Semitic, and no one would see it as appropriate. It was an embarrassment to this institution and an assault upon the values we seek to uphold. The fact that speech is and should be free does not mean that hateful remarks should go unacknowledged or unanswered in a community dedicated to thoughtful discussion of complex issues and questions.”

Husam El-Qoulaq then posted this astounding “apology”: Continue reading →

Ethics Dunce: Guardian Journalist Mona Chalabi

But Mona, doesn't you correcting people who correct people's grammar and calling them purveyors of white privilege make you an ANTI-grammar snob?

But Mona, doesn’t you correcting people who correct people’s grammar and calling them purveyors of white privilege make you an ANTI-grammar snob?

This won’t take long. It’s like shooting fish in a barrel.

Mona Chalabi, a  journalist for the British tabloid “The Guardian,” has asserted that correcting someone’s grammar (and presumably word use, sentence structure and other aspects of effective communication) is racist.

“Grammar snobs are patronizing, pretentious, and just plain wrong, ” she says. “It doesn’t take much to see the power imbalance when it comes to grammar snobbery. The people pointing out he mistakes are more likely to be older, wealthier, whiter, or just plain academic than the people they’re treating with condescension. All too often, it’s a way to silence people, and that’s particularly offensive when it’s someone who might already be struggling to speak up.”

Of course, correcting anyone to humiliate them, embarrass them, or make them hesitant to speak is cruel and wrong, as would be slapping them in the face and shouting, “Shut up, fool!”  Neither of these, or other examples of bad manners and disrespectful treatment, is the conduct that Chalabi is condemning as a demonstration of white privilege, however. (Glenn Reynolds, the Instapundit, frequently quips, “White privilege—is there anything it can’t do?”) No, she is saying that the simple act of one human being pointing out to another that they have made a verbal mistake that may embarrass the speaker in the future makes the person offering the correction a “grammar snob,” and is unethical.

To the contrary, correcting anyone’s mistakes in speaking, when done with discretion and proper attention to the speaker’s feelings, is a gift, an act of social kindness and even a social obligation. Expressing oneself in a manner that causes others to conclude, possibly correctly, that you do not know correct meanings, grammar, construction and etiquette is a serious life handicap and an obstacle to success. A listener may conclude that you are badly educated, do not read, do not listen to those who speak to you correctly sufficiently to learn from them, are ignorant, are not very bright, or worse, know how to communicate but don’t have enough respect for the rest of the world to make an effort to do so. Unlike concluding such unflattering things about a stranger or casual acquaintance based on an accent or verbal regionalism, making judgments based on poor communication skills is not prejudice or bias. Communication is a vital life skill and occupational tool. Every individual has an obligation to master these as early as possible, certainly by young adulthood. Believing one has done this and being wrong is a dangerous and potentially tragic situation. Continue reading →

Carolyn Hax Sides With Bobby Darin, And Dazzles With Her Ethics Advice Again

Syndicated relationship advice columnist Carolyn Hax is as trustworthy an ethicist as I know. She doesn’t call herself an ethicist, and probably doesn’t think of herself as one, but she is far better qualified in the field than many with advanced degrees and tenured teaching positions, not to mention the corporate compliance hacks who write Ethics Codes for the likes of Enron. Carolyn Hax is an ethicist and a superb one because she has an innate, instinctive, nuanced and perceptive understanding of right and wrong, as well as remarkable skill at ethical analysis.

She proves this routinely in her weekly columns, but occasionally special attention should be paid. That was the case last week, when she was asked her blessing by an annoyed fiance on a decision to exit the relationship because her betrothed had decided to reject an offer to enter the world of high finance in favor of pursuing a career as a carpenter, concluding:

I’m seriously considering walking away because I think he is being really selfish given the long-term prospects. I am a professional and have supported us through his two-year master’s program. I am at my end here — what do you think?

In as nice a manner as possible, Hax nails what is wrong with this, saying in part: Continue reading →

Virginia’s Governor Restores The Vote To Felons

"First thing on my mind, now that I'm finally out of Shawshank, is to register to vote. Then I figure I'll look up Andy..."

“First thing on my mind, now that I’m finally out of Shawshank, is to register to vote. Then I figure I’ll look up Andy…”

Virginia’s Gov. Terry McAuliffe signed an executive order yesterday  that restored the voting rights of 206,000 ex-felons. The order applies to all violent and nonviolent felons who served their sentence. Virginia is one of a minority of states, only ten, that do not automatically restore rights upon completion of a felony sentence and one of only four  that require an application by each individual felon and action by the governor. Because this is an executive order, McAuliffe will have to reissue it every month.

McAuliffe, who is the political equivilent of Prof. Harold Hill in “The Music Man,” issued the predictable triumphal blather, saying from the Virginia Capitol steps after being introduced by a gospel choir,

“We benefit from a more just and accountable government when we put trust in all of our citizens to choose their leaders.It has taken Virginia many centuries, unfortunately, to learn this lesson. But today, we celebrate its truth.”

We get a more just and accountable government when we put trust in those who have proven themselves untrustworthy, eh?

That’s one of McAuliffe’s talents: he can make a measure that isn’t necessarily unethical at all seem like it.

Is it unethical to tell felons that they are banned from voting and running for office for life? It’s a policy choice, that’s all. A state can make lifetime disenfranchisement part of the official price for serious lawbreaking on the theory that felons have shown themselves to be  insufficiently respectful of the laws and society in general, and lowered themselves into the ranks of permanent second class citizens by their own choices and conduct. I won’t say that’s not fair: it depends what one thinks fair is. It’s tough. It signals a high regard for the rights to participate in self-government. Continue reading →

When Counting On Ethics Isn’t Enough: The Delegate Bribery Risk At The GOP Convention

Fortunately, we all know Donald Trump doesn't operate this way...

Fortunately, we all know Donald Trump doesn’t operate this way…

This hasn’t come up before in party nominating conventions, because the last time there was a threat of a brokered convention no billionaires were running. Now, however, with Donald Trump likely facing a battle for delegates at the GOP battle looming in Cleveland, the specter has been raised of horribly unethical conduct being nonetheless legal: bribing delegates.

There are federal and state laws prohibiting bribery of elected officials, and laws making paying for votes illegal in elections. No laws seem to  restrict what private citizens serving as delegates at their parties’conventions can take in exchange for their votes on a nominating ballot, however. The closest, suggests former Bush administration lawyer Richard Painter at the Legal Ethics Forum, is the “theft of honest services” statute 18 U.S.C. § 1346, and it isn’t close enough. Continue reading →

Fire Kelly Ripa

LIVE-with-Kelly-and-Michael-TV-show-on-ABC-renewal

On Tuesday of this week, ABC announced that Michael Strahan, the former NFL player who successfully replaced old pro Regis Philbin on the evolving franchise that was once “Regis and Kathy Lee,” was being promoted to the flagship of ABC’s morning lineup, and would leave “Live: Kelly and Michael” in September to become a co-anchor on “Good Morning America.”

For whatever reason, ABC botched the maneuver, failing to let Strahan’s co-host, Kelly Ripa, know about the change until it was announced publicly.

Ripa was angry and insulted, as well as stunned to lose her partner of four years without warning or the courtesy of an explanation. She decided to show her displeasure by skipping work, which is a non-no for a live TV show.  She called in “sick”  before the  Wednesday’s edition of “Live,” and is apparently on a mini-strike for the rest of the week at least. Some sources say that she will refuse to return to her eponymous show until Strahan, whom she now regards as a betrayer, moves on.

ABC pays Ripa a reported $20 million per year, $36,000.00 per episode, and $818.00 per minute of airtime to charmingly babble away an hour of the mid-morning, seldom uttering a memorable thought or witticism. She should fall down on her knees and worship at ABC’s executives’ feet for this boon. They own her, and they don’t really ask much: all she has to do is keep her mentally squishy audience happy, do what she’s told, and show up….and cash a lot of checks. Yes, ABC was tardy in telling her that she was going to have to find a new co-host. Bad ABC. That does not excuse or justify Ripa’s unprofessional breach of her employment contract. Continue reading →

If You Know Anything About Ethics, You Don’t Even Ask These Questions, Because You Know The Answers Already

virtual reality

Darrell West, a Brookings scholar, believe it or not, queries, “What happens when virtual reality crosses into unethical territory?” It is the topic of his essay, but the question is self-answering. Virtual reality is, by definition, not real. Ethics is about determining right and wrong in reality, in interaction with real people, real consequences and real dilemmas in the real world.

West doesn’t seem to grasp that, and neither, according to him, does the playwright of a work being presented in my metaphorical back yard: Jennifer Haley, who authored “The Nether” playing at the Woolly Mammoth Theater in Washington, D.C. West tells us that Haley

“…explores the troubling questions that arise when the main character known as Papa uses advanced software to create a fantasy environment where adult clients molest young children and then kill them….  Should there be limits on human fantasies involving heinous thoughts? Do fantasies that remain in the private realm of someone’s brain warrant any rules or regulations by society as a whole?  Even if the bad behavior rests solely in one individual’s private thoughts, does that thinking pose a danger to other people? For example, there is some evidence that repeated exposure to pornography is associated with harmful conduct towards women and that it legitimizes violent attitudes and behaviors. Does that evidence mean we should worry about misogynistic or violent virtual reality experiences? Will these “games” make it more acceptable for people to engage in actual harmful behaviors?”

These are not troubling questions or even difficult questions, unless one is intrigued by the Orwellian offense of “thought crime.” Here, for the edification of West, Haley, those nascent brainwashers out there who find his ethically clueless essay thought-provoking of any thought other than: “How the hell did this guy get to be called a “scholar”?, let me provide quick and reassuring answers to West’s questions: Continue reading →

Jimmy Kimmel Once Again Proves He Is An Ethics Corrupter And A Disgusting Agent Of Cultural Rot

As you can see above, last night Jimmy Kimmel highlighted numerous parents who thought it was just hilarious to employ their own infants as objects of national ridicule. Encouraging child abuse for laughs is Jimmy’s specialty, as I’ve noted before. This was a bit different, because the children didn’t know they were being abused.

After using social media to recruit parents to participate in the segment called “Fat Baby Bingo,” Jimmy joined the couples in mocking their own kids’ chubby thighs and folds of fat as the audience laughed. I bet Jimmy could recruit enough couples for a segment if he wanted them to set their kids on fire.

Of course, this will be on the web forever. My son has pronounced himself mortified by his baby pictures, as many of us are embarrassed by ours. These parents held up their unaware children to the camera, all but naked in diapers, so Jimmy could make jokes about how fat they were. Abuse of power, breach of trust, infliction of humiliation without consent, cruel and irresponsible. Just because a child doesn’t know he is being made the object of ridicule doesn’t make it right.

The talking heads on CNN today, however, thought it was all hilarious.

To these parents, egged on by Jimmy’s usual contempt for the humanity of kids, their babies were just props, like the gag items used by Carrot Top in his act.

Go ahead, defend Jimmy Kimmel and the parents betraying the privacy and dignity of their own infants, by saying it’s all in good fun and harmless.

I’m ready for you.

Observations On The ‘Ole Miss’ Sigma Chi Derby Days Controversy

Derby DaysNews Item:

The University of Mississippi’s Title IX office has launched an investigation after allegations surfaced on social media that men of the Sigma Chi fraternity asked sorority members questions tainted with sexual innuendo on a loud speaker system in front of hundreds of students at the closing festivities of Derby Days, the fraternity’s annual philanthropic initiative.

Those “allegations” came in the form of an emotional Facebook post by student Abby Bruce, who began,

“Tonight, my eyes watered up as I watched women be humiliated in the name of “philanthropy.” After a week long process of all the sororities on campus competing to raise money for Sigma Chi’s philanthropy, the guys proceeded to ask the contestants for their Derby Days queen over the mic at the dance competition where hundreds of women were gathered “which sigma chi they would go down on,” “what type of sausage would they prefer: linked or sigma chi,” and other questions of the like.”

Observations:

1. I’m sure Ole Miss administrators are shocked, shocked (I know this “Casablanca” reference is an over-used cliché, but it perfectly fits this episode) that fraternity members would use sexual innuendo at an event like this. In truth, this is undoubtedly been going on for decades, but the combination of the sexual assault posse culture that the Education Department’s “Dear Colleague” letter inflicted on campuses combined with social media shaming prompted the college to act as if it had no idea such vulgarity was going on.

The University of Mississippi has allowed and by its passivity endorsed such piggish conduct in its fraternities, and it is now grandstanding.

2. A Title IX investigation, in this case to see if frat boys making sexual innuendos about sorority girls during an extra-curricular event, is an abuse of the law and free speech intimidation, and is unwarranted, except, I suppose, to make Old Miss  immune from government harassment. The test in Title IX is whether conduct with sexual content and intent rises to the level of non-consensual and unwelcome sexual harassment in which students are “deprived of equal and free access to an education.”  Being subjected to rude comments on Derby Day when in all likelihood the women participating knew what was coming isn’t going to deprive anyone of anything. Continue reading →