Education

Look: An Illegal Immigration Ethics Fractal!

/ Jack Marshall / 6 Comments

This story is the migrant caravan and the “good illegal immigrant” media narrative in miniature, with exactly the same fallacious ethical reasoning!

Here is the misleading lazy, dishonest and fake news version of a recent incident as reported in two New York papers:

White House turns away foreign students on tour with class

A group of seventh-graders from Henry Hudson Regional School in Highlands braved a snowstorm on Nov. 15 for a long-awaited bus trip to Washington DC.

The bad weather and treacherous road conditions added hours to the drive and left no time for anything but their visit to 1600 Pennsylvania Ave. Even lunch on the White House lawn was canceled.

But the snafus didn’t stop there. Months in advance, the school had to send the White House visitors office a list of all students and adults expected to take the tour.

After making it through an initial checkpoint, Secret Service agents stopped three Henry Hudson students who didn’t have their passports or other identification required for non-US citizens.

Aww.

Because the students “braved” the bad weather and their teachers screwed up, the White House was being mean, and probably racist, to enforce the security requirements that have been in place for decades for White House visits. Think of the children!

I feel sorry for the students, but the United States should and cannot waive laws because it feels sorry for the would-be law-breakers. I feel sorry for everyone who lives in Mexico and Guatemala, too. Also China, Somalia, France, Russia, Greece, Togo, and Canada, among many other countries, in fact about all of them that are not the United States. I feel sorry for lots of criminals as well. Laws still have to apply the same way to everybody, or there is no law.

_____________________________

Fractal (frac·tal): [Mathematics] noun: fractal; plural noun: fractals:

A curve or geometric figure, each part of which has the same statistical character as the whole. Fractals are useful in modeling structures (such as eroded coastlines or snowflakes) in which similar patterns recur at progressively smaller scales, and in describing partly random or chaotic phenomena such as crystal growth, fluid turbulence, and galaxy formation.

_____________________________

Pointer: Victory Girls.

Sunday Ethics Rundown, 11/25/ 18: Liberty Games

/ Jack Marshall / 25 Comments

Good Morning!

1. Baraboo hangover. Apparently the Wisconsin male high school students who gave a Nazi salute in an off-campus photo will not be punished. The superintendent overseeing Baraboo High, Lori Mueller of the Baraboo School District, said in the letter that the district was “not in a position to punish the students for their actions” because of their First Amendment rights. That’s right from a Constitutional viewpoint, and something good will come of the incident if it means that schools will stop punishing students for what they post on social on their own time. Here is the photo, in case you have forgotten…

The Times article sure is full of dissembling and nonsense, however. Peter Gust, the jerk who took and posted the photo, claims that it had been modified by “malevolent behavior on the part of some in society.” Sure. Jordan Blue, the boy in the upper right hand corner in the red tie, has embraced the role of ethics hero in the media, and is grandstanding and virtue signaling like mad, saying that he didn’t have time to leave the photo but that he didn’t raise his arm because “I knew what my morals were and it was not to salute something I didn’t firmly believe in.” Uh, that should be “firmly didn’t believe in,” Jordan. Then there is Brock Turkington, also  in the photograph, whose story is that  “As we were about to take that photo, the photographer instructed the boys to give a ‘high-sign.” The photographer instructed us to extend our arms out, no one knew what a ‘high-sign’ was. I asked another student next to me ‘What are we doing?’ He responded, ‘Stick your arm out.’” But that’s not a “high-sign.” That’s a Heil-sign.

2. I won a bet with myself! Cracked, the list and pop culture commentary website that evolved out of a cheap Mad Magazine rip-off from the Sixties, has a feature called “5 Laws From Other Countries (The USA Should Totally Steal).” Cracked is dominated by smug, if clever, social justice warriors, so I made a bet with myself that the list would contain  several concepts that were unconstitutional or that would advance the Left’s dream of perpetual power. (By the way, you can’t “steal” a law.) Sure enough, the tally was three out of five. I win!!! Continue reading →

Morning Ethics Warm-Up, 11/21/18: BREAKING! Bill Clinton Harassed Women!

/ Jack Marshall / 22 Comments

Good morning!

Me? I’m thankful that I’ve had the Warm-Up to fall back on when I’m too busy trying to sleep off this ^$$@!#^& endless chest cold, so I can at least keep a little bit current on Ethics Alarms. Today, the hell with it! Mind over matter, exhaustion be damned, I’m going to work, shop, make delayed client calls and research until I drop, literally. Time to stop being a weenie. Then tomorrow I can be thankful that I’m still alive.

1. Do not let the Clinton defenders off the hook.  For me, this is head exploding: the New York Times is crediting an A&E series about “The Clinton Affair” with suddenly, remarkably, making it possible to see that Paula Jones, as well as Katherine Willey and Juanita Broaddrick, were not just “right wing conspiracy”- primed bimbos weaponized to bring down Bill Clinton. Ah! Now, through the sudden clarity provided by the #MeToo movement, the Times and the rest of the mainstream media feels that the truth, so impenetrable all those years ago,  has been revealed! Jones was credible! Willey and Broaddrick were (and are) credible! What a shock! Who knew?

Excuse me if I barf. I knew, and, I submit, so did the New York Times et al,, including my hypocritical feminist lawyer friends at the Association of Trial Lawyers of America, where I worked during the Clinton years. “I believe Anita Hill!” boasted the button worn by the association’s first female President. “Really?” I asked her? Then why didn’t you believe Paula Jones? Clinton has had a history of sexual harassment and predator allegations; Clarence Thomas hasn’t.” Her answer was, to paraphrase, “Humina humina humina…’ She had no answer. She knew she had sided with a powerful man against a powerless woman for purely political reasons, and credibility and justice had nothing to do with the calculation. So did the New York Times. All of the defenses of Clinton were rationalizations—all of them, every one. I argued, and I taught at the time, that the Lewinsky affair was classic workplace harassment where the disparity of power made true consent impossible, even as such feminists as Gloria Steinem denied it, because, you see, Bill supported abortion rights. Of course he did. I’ll bet those rights served him well at one or more junctures in his rise.

Now, though, the realization of what Clinton was really doing has come into focus, as if it wasn’t deliberately blurred by the same forces now proclaiming it. In her essay for Vanity Fair earlier this year, Monica wrote that #MeToo had given her a “new lens” for seeing her own story, writing “Now, at 44, I’m beginning (just beginning) to consider the implications of the power differentials that were so vast between a president and a White House intern.”

Well, you’re slow, Monica, but at least you have an excuse. The New York Times is simply covering up a lie. It has no new lens: it was just pretending, along with the Democratic Party and most of the news media, that it didn’t know what was obvious to anyone with a neutral perspective. Bill Clinton was a serial harasser and sexual predator. He used his power in office to abuse women, and then to cover up his misconduct. Hillary Clinton was his accomplice, for her own gain. The President lied under oath in the Jones suit, a genuine, proven, “high crime.” It was not personal conduct, but professional, official, workplace misconduct, by well-accepted standards in the employment law field. That other Presidents, notably Kennedy, hasalso been sexual predators was not an valid excuse or a defense. The Democratic Party’s alleged feminism and dedication to women’s rights has been pure hypocrisy and cynical misrepresentation as long as the Clintons were embraced as allies and icons, a situation which existed right up through the 2016 election.

How dare the Times pretend all of this was unfathomable before 2018? Are Times readers really this corrupt and gullible? I know I especially resent it, because everything the paper says is suddenly, amazingly “in focus” was clear to me 20 years ago, and I got the same sneering condescension from my left-corrupted friends then that I get from them now, though on different topics. I’m thankful for the Clinton Ethics Train Wreck, because it started me writing about ethics on-line. But I am not letting these liars and hypocrites off the hook. Neither should you. Continue reading →

Sunday Ethics Warm-Up, 11/18/18: “The Show Must Go On” Edition

/ Jack Marshall / 20 Comments

Here we are.

After a brief recovery Friday the 16th, an early morning seminar for D.C. Bar admittees yesterday crashed me entirely, which is why there were no posts. I almost didn’t make it to the end of the program, which surprised and alarmed me; the last few minutes were excruciating. But I have never cancelled a seminar, and when I do, it will be because my metaphorical chips are about to be cashed. Those who know my theatrical history will recall that I damaged my lungs in college staging and performing a professional dinner theater show six days a week (during final exams)  while I was suffering from a serious bronchitis attack; that I refused to cancel in-door performances of The American Century Theater (RIP) during snow storms, and one out-door performance during an electrical storm. Not being able to do my job and fulfill my responsibilities due to illness or injury absolutely crushes me (like many of my obsessions, this one is partially Dad’s fault: he refused to take sick days), and keeping Ethics Alarms current is the least burdensome of my responsibilities.

Once again, I apologize.

1. More apologies, Arlington High School Dept.: My ill-timed illness is also keeping me away from my 50th high school class reunion. I intended to make it, and wanted to make it: I had a wonderful time in high school, and met many of the best people I have ever known while I was there. Past reunions have been somewhat depressing for me: seeing people I remember vividly as young, vital and full of excitement for the future looking as old as they are and often feeling defeated by life makes me feel old, and the inevitable sad cases who feel he or she has to boast about successes and wonderful kids caused me stress as I barely controlled the urge to tell them off. Nonetheless, I regard attendance at such milestones as an obligation to the past, a demonstration of respect for where we have come from and the people and institutions that got us to where we are. And, of course, the more old friends who attend, the better the experience is for everyone. I wish there was a way to let my classmates know that I still think about them and care about them. This blog isn’t it.

2. Who made bad losers in politics respectable? When public trust in democratic institutions reached some yet-to-be-determined tipping point, a democracy is finished. Once, not too long ago, the tradition in American politics was that the defeated candidate—the office didn’t matter, nor did the margin of victory—conceded the race in a timely fashion, congratulated his or her opponent, and vowed to help and assist the victor as much as possible.  This not only modeled graciousness and good sportsmanship, but also protected the system. Now every election shows this healthy model being further pushed into cultural obscurity, with a new low being established in Georgia last week, when the loser of the governor’s race, Stacey Abrams, blamed her loss on a failure of democracy, refused to officially concede while admitting that she had lost, and announced a lawsuit alleging that Governor-Elect Brian Kemp and Republicans had tampered with the election without offering any proof or evidence. Well, maybe this wasn’t the new low; it would be hard to top Roy Moore.

3. The new Title IX rules. The Education Department finally released new guidance on how  Title IX, the federal statute that forbids sex and gender-based discrimination in public schools and colleges, should be enforced. This was desperately needed after the Obama Administration had muddled and corrupted the process with blatant gender bias and its infamous “Dear Colleague” letter, creating a culture that undermined free expression and due process on college campuses and due process rights for students accused of sexual misconduct. Continue reading →

Morning Ethics Warm-Up, 11/7/18: Post Gently-Lapping Bluish Eddy Edition

/ Jack Marshall / 39 Comments

Good morning!

Prelude: I guess I’m glad that I don’t have to face the dilemma I described in the previous post. Giving my Facebook friends the in-the-face-rubbing they so richly deserved—yes, it genuinely ticks me off to be accused of taking talking points from Sean Hannity when I point out really, really bad arguments by any objective standard—would have been wrong, but it would have felt so, so good. Actually, I could still justify some nyah-nyahing, because the “resistance” and the Democrats failed miserably last night, but they won’t admit it, and it’s hard to get those who have technically won to admit that, in fact, they lost.

But they did. Let me reiterate, in case there is any confusion, that nothing could make me vote for Donald Trump, now or ever. It is a national tragedy that someone with his temperament and ethical deficits is in the White House. He is an ethics corrupter, like Bill and Hillary Clinton, Barry Bonds, and many others, but the entire Democratic Party has become an ethics corrupter of far more consequence and danger to the country. There are too many factors to balance and weigh, but I think the reason there was no “blue wave” last night is that much of America understands the latter as well despite no illusions about President Trump.

All the Democrats had to do was to be fair, civil, and rational over the past few months, and their dreams might have come true. That they couldn’t do it suggests to me that they are incapable of being fair, civil, or rational, and who wants to trust such individuals with power? As I wrote in a comment this morning,

“All the hate, all the anger, all the boycotts and obscenity, all the fake news, all the legal harassment, all the Sally Yates/James Comey sabotage, all the judicial partisan blocking, all the one-way ridicule on the comedy shows and the bullying on social media, all the Republican retirements, all the NeverTrump tantrums from people like Flake, McCain, George Will and others, the late attacks and threats by right-wing wackos—all of that, and the Democrats picked up a lousy 35 seats or so, with a President who (probably) has an approval rating under water?”

and

“Mid-terms are always examples of regressions to the mean. Everyone once thought that the GOP would lose both Houses and the White House in the last election. Trump behaves like a baboon,and even while his policies are working, people like me are embarrassed to have an ass like this representing the country. The Left’s tactics didn’t work; they played into Trump’s hands.”

This can’t be spun, though the news media will try: In Obama’s first mid-term, the GOP picked up 63 seats. In Clinton’s first, the flips were 54.

1. Speaking of spin, which is the process of misleading the public about events for partisan purposes (it’s unethical) …it’s fun/depressing to consider some of the various headlines linked at RealClearPolitics:

  • “Split Decision: Divided Government Returns to D.C.”  Carl Cannon, RealClearPolitics

(The government was already divided. Trump’s not a Republican, and Republicans within his administration were and are working against him.

  • “For Democrats–and America–a Sigh of Relief” —Frank Bruni, New York Times

(What a great tell.  It’s adorable that to the Times and its resistance pundits, the only Americans they acknowledge are the ones that agrees with  The Times.)

  • “Democrats Won the House, But Trump Won the Election”— Ed Rogers, Washington Post

Bingo.

  • “Trump’s Political Strategy Is Failing” —Ezra Klein, Vox

Klein and Vox are hilarious. I wonder what color the sky is on their planet?

  • “Voters Want Balance, Not Resistance”— Josh Kraushaar, National Journal

I think that’s a fair analysis, but will it stop House Democrats from spending most of their time trying to “get” Trump? Of course not.

  • “Kavanaugh Fight Was the Turning Point for Republicans”— Byron York, DC Examiner

Not just Republicans, but fair and reasonable  Americans. But the ethics corrupting Democratic party has minimized the number of such Americans. Here is part of a letter in the New York Times magazine, extolling an article about the travails of a convicted felon trying to get a law license after serving time for a robbery at gunpoint he committed when he was 16:

“This article left me in tears both for Betts’s years long effort to become a lawyer despite his rehabilitation and for the continued battle to make life fair for brown-skinned people in America. I couldn’t help thinking that our government just voted to allow an alleged sexual predator, and clearly a very angry white man, to the Supreme Court for life….”

Hey, Amy Gittleman (that’s the letter-writer’s name), I’m accusing you of sexual assault. Now you are exactly as much an “alleged sexual predator” as Brett Kavanaugh. Are you angry about that? Of course Kavanaugh was angry: he was smeared in public by a 30-year-old discovered memory alleging his misconduct as a minor. But you think that a conviction of a felony while a black man was a minor shouldn’t be a bar to practicing law, while an unsupported accusation of unreported misconduct as a minor that surfaces with a political agenda should be a bar to joining the Supreme Court if the accused is a “white man.” Got it. You’re an idiot. Who or what made you this way?

  • “Democrats’ Health-Care Revenge”—Jeff Spross, The Week

Classic example of spin. Pick what you want the Democratic House gains to mean, and say that they mean that.

“Dems’ Victory in House Provides Crucial Protection for Mueller”—Elie Honig, CNN

Another tell. The mainstream news media narrative is that the Mueller investigation really, really, really is going to find impeachable acts by the President. It should be obvious that it’s not, and that if an Evil Traitorous Trump had any reason to fear Mueller, he would have fired him long ago. Mueller needs no protection, just a sympathetic and partisan ethics panel.

But this is CNN.

  • “Exit Polls: Majority Say Russia Probe ‘Politically Motivated'” —Philip Klein, DC Examiner

This is because the Russia probe was and is politically motivated. “You can fool some of the people…”

2. But enough about the elections…Let’s talk about our future military leaders and animal cruelty. At West Point, before the annual rivalry football game, two cadets kidnapped two Air Force Academy falcons, the football team’s mascots, threw sweaters over them and stuffed them into dog crates. Aurora, a two-decade old bird, bloodied her wings from thrashing inside the crate, and sustained life-threatening injuries. Army officials  apologized and promised a full investigation.

“We are taking this situation very seriously, and this occurrence does not reflect the Army or USMA core values of dignity and respect,” the academy said in a statement.

The two cadets have the judgement of an Adam Sandler character, and should be kicked out after a hearing. That’s all we need is military officers with that level of sensitivity and common sense.

3. “Walking Dead” ethics. I once regarded the AMC show as the best ethics drama on TV. Indeed, it still has flashes of that: one of the speeches a dead character gave to Rick Grimes in a fevered dream last episode was a wonderful description of ethics. (If only I could find the video clip…. ) But a few seasons ago (this is Season 9) the show started cheating, making the audience believe a favorite character had died horribly by deceptively framing the scene, having the executions of main character Rick Grimes and his son prevented at the last minute by a huge Bengal tiger that was somehow invisible until he pounced on the would-be murderer, and now, strike three, “Rick Grimes’ final episode.”

For weeks, we were told that main character Rick, played by Andrew Lincoln, would finally get chomped or otherwise killed, joining most of the other characters that started out with him in a desperate effort to survive a zombie apocalypse. We even saw him apparently blow himself up, char-broiling hundreds of zombies in the process in a final heroic act, since he was fatally wounded anyway having impaled a kidney on a steel construction rod, bleeding non-stop, and being on the verge of shock trauma.  And then–surprise! At the end of the episode, we see Rick miraculously alive, winging off to somewhere in a helicopter. You see, said the producer on the weekly post-episode show, “Talking Dead,” it was Rick’s final episode on THIS show, but the character survived to emote another day, in a movie, or a spin-off, or maybe even “Walking Dead” after its fans get over being lied to once again.

Sunday Ethics Warm-Up, 11/4/2018 (Part I): Gary Hart’s Prophesy, Media Values, And High School Babylon [UPDATED]

/ Jack Marshall / 59 Comments

Good Morning!

I’m headed to Boston this afternoon for one of my semi-monthly ethics seminars for new Mass. bar admittees. I have been having bad luck with keeping up on the blog while traveling of late, so I’m going to post a two-part Warm-Up to try to avoid falling too far behind.

1. Maureen Dowd made my head explode with her ridiculous profile of Gary Hart—you know, Donna Rice, “Monkey Business”—so I’m going to rely heavily on Ann Althouse’s analysis which parallels mine. Her head is just more resilient, apparently. [Tangent: I wonder how Ann’s traffic is doing? I have noticed that progressive commenters have virtually disappeared from her blog as well, where a couple of years ago they were equally represented. I don’t consider Althouse a conservative at all: she is relentlessly objective and non-partisan, and mostly serves as the web’s best bullshit detector. She has, however, defended the President against unfair attacks and hypocrisy, and called out the news media for fake news, fake headlines, and bias. That’s asking for a boycott, apparently.) Hart makes this statement:

“If all that stuff had not happened and if I had been elected, there would have been no gulf war. H.W. wouldn’t have been president. W. wouldn’t have been president. Everything would have changed. I don’t say that to aggrandize myself. It’s just, history changed. And that has haunted me for thirty years. I had only one talent and it wasn’t traditional politics — I could see farther ahead than anybody.”

I could write a long essay about this arrogant nonsense with my eyes closed. Ann had the same instant reaction I did: Funny, you weren’t able to foresee that daring reporters to check on your martial virtue would result in your being caught adultery-handed in Clintonesque trysts, you big dummy. (My words, not Ann’s.) And if hindsight is 20-20, hindsight aternate future readings are even better. Gary needs to study Chaos Theory  a bit more closely, and watch that old Star Trek episode. For all he knows, his election would have resulted in the world being taken over by Mole People.

Althouse also flagged the Dowd section where the Queen of Snark writes,

“As we fantasize about a parallel universe, where America is not a joke and our president cares about other human beings, the same questions keep swirling in our heads. What has happened to this country? Can he be stopped? When will it end? How the hell did we get here?”

Wow, Talk about bias making you stupid. To many of us who are at least as smart as Maureen, America is a joke when it embraces open borders and edicts by international organizations, when it warps the Constitution by declaring that men and police can be guilty until proven innocent if a member of a favored group accuses them, and allows a partisan news media to control public opinion. It’s not a very funny joke, though. Some trenchant comments on Ann’s post:

“I don’t know why I’m still surprised by liberals’ inability to do any real soul-searching. You’d think by now, after many hundreds of “how did we get here, why aren’t smart people like me listened to by the stupids?” articles, I’d give up hope that they will ever open their eyes and see what’s right in front of them. But then I remember, I’m a pollyanna. I can’t give up on anybody.”

***

“It would seem obvious to me that Trump does care about human beings, but not the ones Dowd think he should be caring about. And maybe her friends consider America a joke, and maybe that’s why we got were we are..”

***

“Dowd’s perspective is Technocratic. Society needs to be supervised by an educated elite. Democracy is just mob rule that will lead to ruin. But, we have to put on a facade so that the deplorables will accept our edicts. So we do the election thing, but the real rules are set behind the scenes by career bureaucrats. Politicians and the medias’ job is to set the agenda and influence popular opinion towards the “correct” attitudes”

Bingo. Bingo. Bingo. Continue reading →

Comment Of The Day: “Ethics Quiz: The Good Hoax?” (2)

/ Jack Marshall / 7 Comments

rape-on-campus

 

I still can’t sleep.

This is the second Comment of the Day on this October 18 post, a surprise one for Pennagain, since I didn’t even flag it at the time. Again, I’m sorry. I don’t know what was up in October; it also ended with the worst traffic here of any week for more than two years. Obviously, it was a protest over my dilatory posting of the fine work by my commenters.

This one is a triple COTD, made up of three by Penn, who properly raised the specter of Samantha Erdly in the context of hoax research. Erdley is the Rolling Stone journalist who inflicted the “Jackie” tale of an imaginary gang rape at the University of Virginia, an earlier assault of truth and due process by the “believe all women” crowd. (Ethics Alarms covered the episode in a series of posts.). I just re-read Pennagain’s comments, made in a discussion with Alizia Tyler, who earns an assist. Excellent observations, and a valuable assist in making sure this journalistic outrage is never slipped down the memory hole, as so many would love it to be.

Here is Pennagain’s Comment of the Day on Ethics Quiz: The Good Hoax?:

As far as hoax articles appearing in either reputable journals or popular publications (rarely the same thing), if I weren’t an atheist, I would damn them all to hell. What I have in mind as an example that should need no further elucidation here is the piece knowingly published by Rolling Stone that included the false rape stories and statistics responsible for poisoning much of a culture, not to mention its politics….

“In November 2016, a federal court jury found Samantha Erdely was liable for defamation with actual malice” and that “Erdely and Rolling Stone failed to engage in “basic, even routine journalistic practice”

Her background reveals a start in college, when her colleague Stephen Glass ‘threw a righteous fit’ after she and a another student “concocted a funny and obviously made-up travel story” for the school magazine.” [Glass, you may not know, later became nationally notorious for inventing false stories published as factual journalism in the highly respected The New Republic, seriously harming its reputation.] Erdely was obviously already toxic before she left school. If you’re curious, her Wikipedia bio contains descriptions of six other major rape stories she invented out of whole cloth and used to smear real people and institutions, articles that in at least two cases went up for major journalism awards. As a self-appointed expert in rape and bullying, her work went into GQ, The New Yorker, Mother Jones, Glamour, Men’s Health, Philadelphia, among other lesser magazines. She was believed. The more she got away with, the greater the lies she invented … until, after twenty wonderful years of conning millions of people, she got over-confident and lazy, and plagiarized a previous article of her own. Until someone finally noticed that the Rolling Stone piece bore too many similarities to another one to be coincidental.

For twenty years, from Philadelphia to Los Angeles, Seattle to Florida, she built a reputation for being the go-to journalist on the subject of rape. No one doubted her. Witnesses later spoke out using her writing as statistical evidence — women (and so many men who had been falsely accused) and feminists in particular — had absorbed every precious word – even against the evidence of their own knowledge and experience in the times and places Erdely was writing about.

A month ago, September 21, 2018, Rolling Stone was also found “liable for defamation.” It was noted in the case against Erdely that the magazine hadn’t been doing too well before they glommed onto that gem of Samantha, aka “Jackie,” the fictional rapee.

Last week’s headline: WaPo Reporter Is Tired of Being Reminded He Fell for Sabrina Rubin Erdely’s Hate Hoax So Badly He Called for Burning Down UVA Frat Houses

I now amend my description of the poisonous piece: It is a “hate hoax.”

No, Alizia, poisons do not, in general, lead to death. They lead to minor discomfort in some, and major permanent damage in others; some knock you on your ass right away, and some creep insidiously into your brain over months or years. The public remembers things they read and hear. They (I won’t say “we” because I became skeptical reader at the age of 12 after a defamatory article was published in a local newspaper concerning a friend of my family concerning something that happened while I was present and knew to be a lie. I had been visiting one of their children, a classmate, at the time the incident took place, or rather, didn’t take place. My testimony was taken down, along with his, not discounted, but the editor of the paper would not print a retraction because, he said, “we don’t want to confuse our readers; they expect the truth, and that is what we give them.” Our parents wanted that in writing; naturally, he refused.

I am convinced that what is presented in a plausible manner from an authoritative source (which could be the 10 o’clock news or a magazine with a reputation for having its journalistic thumb on the pulse of young America) is frequently taken in without the auditor, viewer or reader later recalling the source. If they didn’t question it in the first place, they not only don’t question it later, but, when challenged, they will deny or dismiss any correction out of sheer embarrassment, egotism, mental laziness or, in the case under discussion, because they want to believe it.

As has been pointed out in Ethics Alarms before, the left, on the whole, has taken the anomalous position of being at once both victim and dictator. Thus, the concept of a Rape Culture is heaven for them: they are, collectively, the injured parties … and the ones who injure, including any who are capable of doing injury, are now at their mercy — via 30-year-old wisps of memory, anonymous join-the-conga-line #MeToo-ers, a casual touch on the shoulder, or a dirty-dirty word in their ears. They feed on lies more than on facts – the truths are painful, but the lies are more … emotional, memorable, dramatic, arousing . . . . They need to feed the addiction even when they know it is poison…

The fact in this matter is that Erdely, falsely or idiotically or crazily or not, believed she was doing something fine and high-minded “for women,” and to alert a deaf public (and via that route influence authorities) that there was “a rape problem” that needed to be addressed. In her mind, the ruining of a single man (or a whole college fraternity) was insignificant in terms of getting her message “out there.”

In other words, her cover (if you will) was in presenting these gross exaggerations as hoaxes. I may have taken you in the wrong direction by quoting the court decisions concerning malicious intent. The articles undoubtedly did “malicious” damage. So where am I? What Erdely believed (and apparently still does) has been shown to be shared by much of the public touched by it — including a proportion of men who don’t understand they are simply seeing themselves as heroic exceptions, or else thinking they are disguising themselves to live in the midst of an Amazonian tribe that wants to cut their balls off (that was an irrelevant side-bar, sorry, I do that a lot, letting off steam). Here’s what happens when someone with a cause and a vague concept of how bad the situation is gets hold of what she thinks are solid statistics, intended as a righteous hoax: https://www.realclearpolitics.com/video/2014/12/06/msnbc_panelist_we_live_in_a_culture_that_hates_women.html

I rest my case.

College Indoctrination: Like Water To A Fish

/ Jack Marshall / 46 Comments

Over at Campus Reform, the conservative site dedicated to spotlighting left-wing bias on college campuses, reporter Grace Gottschling has been issuing some provocative, if not exactly surprising, reports on the partisan tilt of some schools’ administration and staff. There have been three so far. Most recently, she determined that 98.4 % of University of Missouri administrators and 97.6% of faculty donated to Democratic Party candidates or causes. Previously, her research covered the University of Oregon, where 100% of administrators, and 99.95%  of faculty have donated to Democrats—she found that a grand total $35.17, .0005% of the political contributions of 201 faculty members, went to Republicans—and the University of Texas, where the numbers were 96.1% of administrators, and 93.5% of faculty supporting Democrats.

Gottschling doesn’t say it–her reports just lay out the facts—so I will. It is impossible, literally impossible, for students to receive a balanced, objective and responsible education in institutions with such unbalanced and ideologically uniform campus cultures as these. Culture’s power over human beings has been accurately described as resembling water’s relationship to a fish: it influences everything in the lives of the people in it, often with their never being aware that they are dependent on it and controlled by its limitations. You can choose your own analogies, but active indoctrination into political beliefs and partisan values is hardly necessary when uniform attitudes are all around students, displayed in subtle and not-so subtle ways, every day, all day, in class and out. Continue reading →

Is Continuing Legal Education A “Farce”?

/ Jack Marshall / 17 Comments

Continuing legal education, or as it is fondly called, CLE, began being a staple of bar membership in most states by the 1980s. The theory is that the law is always changing and new developments in case law and practice resources are essential for lawyers to know about, so in order to keep practicing in good standing, lawyers should be required to take a set number of training hours to keep up with current techniques and information. The practice is also designed to emphasize the law’s position as a self-regulating profession with exemplary dedication to excellence.

AND the new system allows the bar associations to require the purchase of a product the associations themselves develop, provide, and most important of all,  charge for.

Most lawyers, it is fair to say, loathe mandatory CLE requirements. They resent the time and expense, and generally feel that having to take the courses is an insult.

Yesterday a Virginia lawyer named Paul Sherman—he might even have attended some of my courses!–laid out on Twitter his brief that CLE course are a “farce that do nothing to protect the public and impose big social costs.: Right wing blogger and law prof Glenn Reynolds endorsed the screed, calling CLE a scam. I teach about 45 CLE seminars a year on legal ethics, and I’ve spoken on the subject to the CLE providers association, so this obviously piqued my interest.

Here is Sherman’s argument (and by the way, Twitter is a ridiculous platform for extended commentary):

Since I’ve just finished my last Continuing Legal Education class of the year, allow me to say that these requirements are a farce that do nothing to protect the public and impose big social costs. For those of you who aren’t lawyers (who know this already), allow me to explain.

To continue practicing law in the Commonwealth of Virginia, I am required each year to take 12 hours of continuing legal education (4 of which must be live) by Oct. 31. Collectively, Virginia lawyers lose more than 290,000 work hours to CLE every year. Almost every lawyer I know satisfies these requirements in the same way: by buying whatever CLE courses are cheapest, regardless of subject. This is not at all surprising, because competent lawyers already stay on top of developments in their practice areas.E.g., I exclusively practice constitutional law, but this year I took CLE courses in international taxation, asset protection planning, independent contractor compliance, etc. None of these have anything to do with my practice, and the VA Bar does not care!

Consider also the direct and indirect monetary costs. Let’s say CLE packages cost $100. According to the National Consumer Law Center, in 2015-2016, the average attorney in Virginia charged $358/hr. That means the cost of these requirements is almost $4,400 per attorney. The total cost for all Virginia lawyers is about $106 million. Yet, of that, only $2.4 million ends up in the pockets of CLE providers. The rest is just value that has been destroyed. Even if we assume (with extreme generosity) that lawyers would voluntarily pay for 6 hours of relevant CLE each year, you’re still losing $50 million in value per year (which is almost exactly Virginia spends on indigent defense annually). In short, we would all be better off if Virginia ended this farce, abolished mandatory CLE, and instead required every Virginia lawyer to send an extra $100 to the Bar and/or to set $100 on fire.

This seems to have touched a nerve, so let’s make this an actual thing. Contact your state bar (mine is @VAStateBar) and tell them to end the shakedown. #EndMCLE!

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Is There A Rational, Ethical Basis For Giving Illegal Aliens The Right To Vote For Anything?

/ Jack Marshall / 8 Comments

This isn’t a quiz, because I can’t imagine an answer other than, “Of course not.” And yet…

San Francisco has registered 49 undocumented migrants to vote in school board elections. However, a more pressing controversy may be the amount of money spent on the effort. San Francisco expended $310,000 to register just 49 people in the city. That translates to $6,326 a vote, which is also incomprehensible to me. Why would tax-paying citizens, even those as addled as so many who live in the City by the Bay, tolerate this?

The school board tactic is, of course, an obvious “camel’s nose in the tent” method—also known as the slippery slope— of  gradually getting illegal aliens the right to vote. Women’s suffrage efforts a century ago proceeded the same way, with states allowing women to vote and run as candidates in school board elections. Following the leads of Michigan and Minnesota  in 1885 and New York in 1880, Washington state enacted the School Suffrage Act into law in 1890 allowing women to vote for school boards. But women were citizens, in the nation legally, and these measures were necessary to right a cultural, societal, legal and historical wrong. There is no parallel valid argument that it is wrong to deny non-citizens who entered or stay in this country illegally the same privileges the women’s suffrage movement sought—or if there is, I lack the imagination to conceive of it.

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Pointer: Res Ipsa Loquitur