Education

Lunchtime Ethics Appetizer, 6/3/2019: Self-Censorship, Trump’s Ridiculous Jumbo, Turley On Mueller, And A College Ranking Scandal [Updated]

/ Jack Marshall / 15 Comments

Bon Appettit!

1. To self-censor or not to self-censor. Right after expressing here my dilemma about whether to risk political and partisan backlash by raising current, important and legitimate legal ethics issues from the Mueller investigation, there were a flurry of articles and podcasts about the dangers of self-censorship in a climate where Americans are being systematically intimidated from opposing the Woke Collective. This is a classic ethical dilemma, with ethical considerations like integrity, duty, citizenship, honesty and responsibility, are opposed by non-ethical considerations, like keeping one’s job, paying the bills, and not being cast as a pariah in one’s profession.

I was also reminded of my problem by Instapundit referencing today an old  Washington Post article about Mao’s mass murders. My company lost a lucrative sexual harassment training deal after two Chinese nationals (that I did npt know were in the audience) too offense at a tangential comment about Mao’s exterminations dwarfing those of Hitler and Stalin  (but not Darth Vader). Both contacted me and demanded apologies, claiming that it was Western propaganda and that the Great Leader had “only” executed millions out of necessity. I refused (I know I have mentioned this before here) and said I was sincerely sorry they had been subjected to cultural influences that had warped their ethics, and that if I had been aware that this was a sensitve topic to anyone in the audience, I would have omitted the reference. Having spoken the truth, however, I was not going to deny or apologize for it.

“Why didn’t you just apologize?” my client asked. And I was reminded of the moment in “1776” when a royalist in the Continental Congress asks Jefferson why he called King George “a tyrant” in the Declaration. “Because he is a tyrant,” Jefferson answers.

I’m an ethicist, I said. I’m not going to whitewash the massacre of 45-60 million people because someone is offended by the truth.

That was the end of that contract…

2. The President issues a Jumbo. Why does he do things like this? I have no idea. It si the political equivalent of pushing a pie into his own face. In an interview with the British tabloid, The Sun tabloid, Trump responded to a query about his reaction to  Megan Markle’s statement  that he is a “misogynist” and her suggestion that “she’d move to Canada if you got elected; turned out she moved here.” He said, “Well, a lot of people are moving here, so what can I say. No, I didn’t know that she was nasty.”

Of course Trump was attacked for saying that to a British newspaper—it was racist, it was an insult, the usual. Of course the President shouldn’t stoop to personal swipes at anyone; on the other hand, that’s what he does when he is attacked himself.  “Tit for Tat” and “doing unto others as they did to you” are part of Trump’s “ethics.” Can’t we stipulate this by now? Can’t TRUMP stipulate it at this point?

Then he tweeted, “I never called Meghan Markle ‘nasty.’ Made up by the Fake News Media, and they got caught cold! Will @CNN, @nytimes and others apologize? Doubt it!” He did this knowing that the Sun had his statement recorded, and sure enough, the paper  released the audiotape.

See, the idea behind Jimmy Durante saying “Elephant? What elephant?” when caught stealing the biggest pachyderm in the world in a musical comedy is that it’s obviously desperate and ridiculous, and intended to be funny.

This is just self-destructive, disturbing, and really, really stupid.

3. Jonathan Turley on Mueller. The George Washington Law prof has consistently been a voice of reason and objectivity reagarding the Mueller investigation. He has recently written two excellent columns on Mueller’s public statement, here, and here.

Greg should send them to his ex-friend.

4. Why is this more damaging to a school than, say, falsely instructing students about justice, the right to representation, and due process?

From TaxProf Blog: “University Of Oklahoma Inflated Its Alumni Giving Data For 20 Years, U.S. News Strips Its #127 Ranking”

The University of Oklahoma admitted to  U.S. News that it had inflated its alumni giving data since 1999, which affects its placement in the National Universities, Best Value Schools, Top Public Schools, Best Colleges for Veterans and A-Plus Schools for B Students rankings and lists. For the 2019 Best Colleges rankings, the University of Oklahoma originally reported its two-year alumni giving rate at 14 percent. The school informed U.S. News the correct value is 9.7 percent. The average alumni giving rate has a weight of 5 percent in the Best Colleges ranking methodology.

And now,

A former OU student has filed a class action lawsuit against the University of Oklahoma as a result of the university being stripped of its U.S. News & World Report ranking. [Gretzer v. Oklahoma, No. 19-490 (W.D. OK May 28, 2019]

The lawsuit, which was filed May 28 on behalf of former OU student Elani Gretzer and all OU undergraduate students since 1999, alleges the university broke contract by providing false alumni giving data to U.S. News & World Report, inflating its ranking in U.S. News & World Report’s “Best Colleges” ranking as a result.

The lawsuit alleges the U.S. News & World Report’s ranking of the Price College of Business was a “material factor” in Gretzer’s decision to enroll at OU. … The suit is also filed on behalf of an estimated minimum of 350,000 people — all OU students who have enrolled since 1999, the year in which OU has admitted it began providing false information to U.S. News & World Report.

Morgan Cloud (Emory) & George Shepherd (Emory), Law Deans In Jail, 77 Mo. L. Rev. 931 (2012):

A most unlikely collection of suspects — law schools, their deans, U.S. News & World Report and its employees — may have committed felonies by publishing false information as part of U.S. News’ ranking of law schools. The possible federal felonies include mail and wire fraud, conspiracy, racketeering, and making false statements. Employees of law schools and U.S. News who committed these crimes can be punished as individuals, and under federal law the schools and U.S. News would likely be criminally liable for their agents’ crimes.

Some law schools and their deans submitted false information about the schools’ expenditures and their students’ undergraduate grades and LSAT scores. Others submitted information that may have been literally true but was misleading. Examples include misleading statistics about recent graduates’ employment rates and students’ undergraduate grades and LSAT scores.

U.S. News itself may have committed mail and wire fraud. It has republished, and sold for profit, data submitted by law schools without verifying the data’s accuracy, despite being aware that at least some schools were submitting false and misleading data. U.S. News refused to correct incorrect data and rankings errors and continued to sell that information even after individual schools confessed that they had submitted false information. In addition, U.S. News marketed its surveys and rankings as valid although they were riddled with fundamental methodological errors.

One question: why isn’t Harvard’s ranking being lowered? I suspect that it’s because maleducating students and systematically undermining American values and civil rights isn’t included in the criteria.

It should be.

Sunday Morning Ethics Warm-Up, 6/2/2019: Dark Thoughts And Good Reasons For Them

/ Jack Marshall / 12 Comments

Looking forward to the ethical week ahead, certain that I’ll be disappointed, and bitterly, based on last week…

<Sigh>

1. The Ethicist’s Dilemma. I’m preparing for a couple of legal ethics CLE seminars for government lawyers, and raised  an ethical dilemma facing me to my sister. The last time I included government lawyer ethics issues related to the multiple controversies in the Mueller investigation, the FISA process, and the Michael Cohen clown act, I received several critical evaluations that were entirely partisan and political. And, in the session itself, there were a couple of participants obviously set at “hair-trigger” to register accusations and objections that any criticism–based on pure legal ethics analysis on my part—that found fault with the lawyers involved revealed me as a dreaded “Trump supporter.” I asked my sister, who is a retired government lawyer with extensive Justice Department experience, if I should nonetheless cover such issues as Robert Mueller flagrantly violating Rule 3.8 of the D.C, Rules with his public statement last week,  or what a White House Counsel’s ethical obligations are regarding communications from the President (since the “who is the client?” complexities of that role continue to confound legal ethics experts, my position is that the WHC has an ethical obligation to make it crystal clear to any President when he is covered by attorney-client privilege and when he is not, to cite one example.)

Her depressing advice: Don’t touch any of it. People, even lawyers, are not capable of keeping their emotions and political passions under control these days, she said. No matter how accurate and fair your analysis is, she emphasized, you risk allowing these hot-button issues to derail the seminar and even harm your professional reputation.

Yet I believe that I have an obligation to cover these issues. I also have a lifetime bias for doing what people tell me will be disastrous when I am convinced that it is the right thing to do. Then my father’s voice comes out of the mists of time, reciting his favorite fake obituary, a ditty about sailing:

This is a story of John O’Day
Who died maintaining his right of way
He was right, dead right, as he sailed along
But he’s just as dead as if he were wrong.
I’m thinking.

Continue reading →

What A Fine, Fine Role Model This High School Principal Is…If The Idea Is To Graduate Short-Cut And Rationalization Addicted Students Who Try To Tap-Dance Their Way Out Of Trouble!

/ Jack Marshall / 28 Comments

 

Abby Smith, a graduating student at Parkersburg High School in West Virginia, noticed something vaguely familiar about  the speech given by the school’s principal, Ken DeMoss, at her graduation last week. Later, she went home and looked for a video of a speech actor Ashton  Kutcher (formerly the goof on “The 70s Show,” the goof who succeeded Charlie Sheen on “Two and a Half Men,” and the guy who took over froim Bruce Willis when Demi Moore decided she wanted a husband with hair) gave at the 2013 Kid’s Choice Awards. Then she edited DeMoss’s speech and Kutcher’s together, and posted them on YouTube.

There’s no doubt about it, as you can see above. The principal ripped off the speech.

Some might say that what Smith did was mean and unnecessary. No, it was responsible, essential, and gutsy. Students are taught in school, or are supposed to be,  to do their own work, a lesson especially hard to convey when the internet makes plagiarism  easy to do and hard to detect. The distinction between being inspired by another person’s creative output, using it as a foundation for an original work, borrowing phrases and ideas (with attribution), and, in contrast, stealing intellectual property and presenting it as your own, is a crucial one for students to understand. When a role model, a school administer, flagrantly does what the school must teach students not to do, and worse, does this  in front of students, and even worse than that, does it in the course of a speech about the virtues of hard work, such cynicism, laziness, and cheating must not be allowed to pass unnoticed, and I hope, unpunished.

After he was caught, “Kenny” issued this epicly horrible statement, incorporating rationalizations, unethical apologies, multiple logical fallacies, a Jumbo and, of course, lies: Continue reading →

Saturday Ethics Warm-Up, 6/1/2019: Ethics Is Busting Out All Over! Mostly BAD Ethics…

/ Jack Marshall / 18 Comments

Happy June!

1. Boycott/extortion update! Let’s see if Georgia has as much guts and principle as Alabama, and tells Disney to go fly a kite.

Hugh Culverhouse, Jr., the University of Alabama’s largest donor,  called for a boycott of Alabama , both the University and the state , because of Alabama’s defiant, anti-Roe  abortion ban, recently signed into law. The university’s law school was renamed Hugh F. Culverhouse Jr. School of Law last September 2018 after the Florida businessman pledged  $26.5 million to the university. In response to Culverhouse’s boycott call, University of Alabama System Chancellor Finis St. John recommended to the Board of Trustees that it return the $21.5 million  the law school it has actually received from Culverhouse, and restore the name to “The University of Alabama School of Law.”

Good. That’s exactly how states should respond to attempted extortion by individuals and corporations to control their lawmaking and bend the state to their wills rather than the decisions of voters. The whole story is at TaxProf Blog.

2. Nah! A reverend like, say, Martin Luther King would never engage in the kinds of sordid acts his biographer claims! They are men of God!

Bobby J. Blackburn, the pastor of Elevate Church in Prestonsburg, Kentucky,  was arrested this week and  charged with the prohibited use of an electronic communication system to procure a minor to commit a sex act. Blackburn is also the owner of Giovanni’s, a pizza restaurant in Prestonsburg. A girl who worked there showed a police sergeant images of an iMessage conversation she had with Blackburn in which he asked the minor to engage in a “threesome” with him and another girl, also a minor. He also made other sexually explicit requests.

Rev. Bobby tried to weasel out of his mess by bringing a third young woman to the police station and having her claim that she sent the incriminating messages from his phone. It didn’t work: under questioning, she admitted that she was lying and that Blackburn ordered  her to make the false claim under threat of losing her job.

I hear he’s one heck of a pastor, though! Continue reading →

Ethics Observations On The Realization That Al Sharpton Is Dead-Fish Ignorant Of Basic U.S. History And Has A Network Platform To Spread His Ignorance Thoughout The Nation

/ Jack Marshall / 11 Comments

Confusion is completely understandable…

On Saturday’s PoliticsNation , MSNBC host Al Sharpton led a panel discussion regarding the crisis of the  Trump administration delaying the release of the new $20 bill with Harriet Tubman’s image replacing that of President Andrew Jackson. Sophia Nelson, Dean Obeidallah, and Michael Hardy were Sharpton’s guests.

At one point in the discussion, Sharpton said,

“The blatant thing here is you’re talking about a black woman abolitionist that is going to replace a slave owner who was one that fought against many of the things that his immediate predecessor, Abe Lincoln, stood for. “

Later he said, just in case you might think this was a slip of the tongue,

“They used to call it the party of Lincoln and Frederick Douglass, both of whom were opposed to what Jackson ended up doing after Lincoln’s assassination, and both of whom were allied and stood with Harriet Tubman.”

Yes, it’s true. Al Sharpton, whom MSNBC allows to host a national public affairs show based on his supposed authority and acumen, thinks that Andrew Jackson, 1767-1845, hero of the Battle of New Orleans, creator of the modern Democratic Party, vanquisher of the Bank of the United States and foe of states’ rights, who served two transformative  terms and was one of our most important Presidents, is Andrew Johnson, 1808-1875, Lincoln’s second term Vice-President, who was impeached by the House for opposing Republican Reconstruction plans.

Observations: Continue reading →

Memorial Day Ethics Warm-Up, 5/27/19: Gee, Can We Celebrate Those Who Die For Our Nation And Not Be “Nationalist”?

/ Jack Marshall / 26 Comments

 

This, of course, was my father’s favorite Sousa march; he once mortified my mother by standing and doing a parade ground march routine on the Mall when they played it on the Fourth of July. You knew it has words, right?

1. Nah, there’s no mainstream media confirmation bias! Political scientist Time Magazine columnist and Donald Trump critic Ian Bremmer intentionally tweeted as fact a fake Donald Trump quote:

“Kim Jong Un is smarter and would make a better president than Sleepy Joe Biden.”

Immediately, the quote was picked up on social media by the Trump Deranged, mainstream media pundits, and some elected officials. Here’s ridiculous CNN contributor Ana Navarro, who exists on the network solely to attack the President as a “Republican”:

“Don’t shrug your shoulders. Don’t get used to this insanity. The President of the United States praising a cruel dictator who violates human rights, threatens nuclear attacks, oppresses his people, and kills political opponents, IS NOT FREAKING NORMAL.”

Note she also gets in one of the top anti-Trump Big Lies, that the President is “abnormal.”

Bremer’s quote was retweeted thousands of times, until he admitted that he made it up. This is using the web to spread falsehoods. He should be banned from the pages of Time and dismissed as an analyst and a pundit.

Incredibly, Ann Althouse defended the lie as satire, writing,

“Stupid of journalists and congressmen to retweet it as an actual quote, but there’s nothing wrong with “fabricating” it. Are we so humor deaf that we’re going to start denouncing comedians as liars?”

Ann needs an ethics check-up. There’s nothing funny about lying in a setting where many will believe you, whether the liar is a comedian or not. Nor was the quote humorous. Bremer was doing exactly what the unethical hoax news sites do when they deliberately publish fake news in a style and manner designed to fool people into believing it.

I guess we can’t assume that what Ann states as fact is true either. It might be “satire.” Continue reading →

Memorial Day Weekend Ethics Warm-Up, 5/26/19: The Fish, The Fist Bump, And Harriets’s Lament

/ Jack Marshall / 36 Comments

Good Morning!

Here is another of my father’s favorite Sousa marches, “The Black Horse Troop.” I remember thinking about the march when I saw that the riderless horse in my father’s Arlington funeral procession was all black.

1. Let’s start with a fish story…

That’s Tom Volk holding  the nearly 17-pound walleye he caught along the Heart River in Mandan, North Dakota. Little did he know that what was briefly a happy experince for him would end up with him being attacked on social media and prosecuted by the state. A fish is considered hooked illegally—it’s actually a crime—if the hook was in the fish’s back rather than its mouth. As soon as Volk claimed the record, he was accused of cheating. The Game and Fish Department opened a criminal investigation. Volk had to hire  a lawyer, and the prosecution could have an impact on his career:  Volk serves as a city councilman in North Dakota and works in drug prevention for the state government.

Finally game wardens compiled an 11-page report on the fish after conducting witness interviews. The county prosecutor said  his office had reached “a consensus view” that the walleye had been improperly hooked. The chief game warden said he was convinced that the fish was “foul-hooked,” but also believed that Mr. Volk might not have known about the infraction until after he left the riverbank. His department issued a written warning, disqualifying the fish from record consideration, but no criminal citation.

The walleye could not be reached for comment. Continue reading →

And Another One BitesThe Dust: Bowling Green State’s Unethical Slap At Lillian Gish [UPDATED]

/ Jack Marshall / 14 Comments

The problem with so many of the statue-toppling/ renaming debacles at U.S. universities isn’t just that they are  transparent grandstanding, virtue-signalling and pandering to power-seeking black activists. The more disturbing problem is the intellectual vacuousness and lack of critical thought that school administrators display in the process of their grovels. The recent action of Bowling Green State University in Ohio is a particularly noxious example.

[Correction notice: the post originally had the university in Virginia, perhaps because I was once pulled over for reckless driving in Bowling Green, Virginia. Anyway, that was wrong. My apologies.]

Lillian Gish ( 1893-1993) had an epic  film career spanning 75 years, from 1912, in silent films,  to 1987. She was frequently  called the “First Lady of American Cinema,” and film historians credit her with introducing basic movie performing techniques to her craft. The PBS series, American Masters devoted an episode to Gish’s life and achievements; Turner Classics Movies observes,

Having pioneered screen acting from vaudeville entertainment into a form of artistic expression, actress Lillian Gish forged a new creative path at a time when more serious thespians regarded motion pictures as a rather base form of employment. Gish brought to her roles a sense of craft substantially different from that practiced by her theatrical colleagues. In time, her sensitive performances elevated not only her stature as an actress, but also the reputation of movies themselves. 

She had 120 film and TV credits before she was done, including “Night of the Hunter,” an enduring classic. In short, she was important. She enhanced the culture and her industry, and she earned her honors. She should be remembered.

Bowling Green State University has honored  Lillian Gish (and her less-celebrated acting sister Dorothy) for more than 40 years. But members of the college’s Black Student Union objected the theater’s name, on the grounds that in 1915, when she was 22 years old, she was one of the stars in D.W. Griffith’s “Birth of a Nation,” a seminal work in the U.S. film canon by one of its most talented and influential directors. The film, despite its artistic merits and importance to the development of the movies, is widely regarded as racist in content and purpose, celebrating as it does the rise of the Klu Klux Klan. The film is also blamed in part for the rise of Jim Crow in the South, also aided by President Woodrow Wilson’s open promotion of the movie as well as Griffith’s political views.

None of which has anything to do with Lillian Gish. Actors don’t write scripts or control a movie’s message, nor are they responsible for how audiences perceive a film beyond their own performances. D.W. Griffith was not only the early 20th Century’s equivalent of a Stanley Kubrick or Steven Spielberg, he was young Lillian’s patron and metor. She had literally no choice other than to accept his decision to cast her in his Reconstruction opus; to rebuff him would have risked ending her career. Nor was there any way, in 1915, for Gish to know what the impact of “Birth of a Nation” might be, or to know, while she was being filmed, what the director would do with the footage.

Gish was not responsible for the movie, and holding that she was is as ignorant and indefensible as it is unfair. Continue reading →

Comment Of The Day: “Ethics Quiz: The Insensitive Exam Question”

/ Jack Marshall / 39 Comments

 

I am hopping slickwilly’s answer to the ethics quiz about “Above the Law” editor and social justice warrior taking offense at a Georgetown Law Center prof’s exam question over several other languishing but equally deserving Comment of the Day. The main reason is that it’s witty and mordantly funny, and it made me laugh out loud.

Yes, it qualifies as a rant, and I know there’s a line of long-standing in the Comment policies that says “political rants are not welcome.” However, as readers here know, every rule has exceptions, and several apply to slickwilly’s work. To begin with, any literary form, if executed well, is worthy of respect. Second, Ethics Alarms bestows special privileges on regular commenters here, who add so much to the content and quality of the blog. Finally, I have to concede that sometimes only a rant will do.

The astounding hypocrisy, dishonesty and Orwellian tactics of the “resistance” appear to be immune from rational, traditional analysis. When, for example, Mr Trump’s enraged and hateful foes accuse him of being a fascist while they encourage their supporters to physically intimidate anyone who supports the President, or say that Trump endangers democracy as they attempt to undermine public trust in the President and the nation’s institutions, dispassionate arguments fail to have much impact—it is, as I have said at various times, like arguing with lunatics or toddlers. Rants can provide special clarity by crystallizing the frustration and anger created by trying to engage ethically with a shamelessly unethical adversary. I don’t want rants to become the currency of the realm here, but this one is timely and skillful.

Here is slickwilly’s Comment of the Day on the post, “Ethics Quiz: The Insensitive Exam Question”:

“Was the professor’s exam question unethical, as in irresponsible and uncaring?”

Hell, no!

Color me surprised that a progressive hack found something to be offended by.

What, President Trump not taken to Twitter lately? Was this a slow news day in Mystal’s neck of the woods? Weren’t there pygmies in Africa with acne to write about? No pictures of swimming polar bears denoting some perceived deficiency with their habitat, undoubtedly caused by evil man?

‘Snowflake’ is an apt term for what academia and progressives are indoctrinating students into becoming.

If you cannot stand up to the adversity of life, cannot even hear a point of view not dictated by your progressive masters;

If you cannot stand to be reminded that the thing you are outraged about TODAY was the thing you endorsed YESTERDAY;

If the mere presence of a designated ‘deplorable’ on campus sends you fleeing to a room with coloring books and puppies;

If the term ‘safe’ implies a space and not a condition of a runner in Baseball;

If you believe in violence against those who disagree with progressive cant, yet self defense by those attacked is not a natural and correct response;

If you believe that everyone should pay ‘their fair share’ yet complain when YOU have to pony up;

If you believe that Roe-v-Wade is written in stone, yet Heller-v-District of Columbia should be reversed upon a whim; Continue reading →

Ethics Quiz: The Insensitive Exam Question

/ Jack Marshall / 16 Comments

This ethics quiz is designed to balance my own biases.

Above the Law’s Ellie Mystal claimed that a Georgetown University Law Center professor gave his class an insensitive hypothetical in an exam. I am almost as disgusted with GULC as I am with my other alma mater; Above the Law is a hack website; Mystal has proven himself to be a left-wing hysteric, a racist, a biased journalist, a self-evident jerk and a lawyer whose ethics are so warped that he should never be allowed within 50 yards of a potential client. As a result, I can’t be sure that my conclusion that his analysis in this case is as wrong as I think it is, since all of these biases, however justified, may be rusting my ethics alarms solid. Maybe.

You probably recall that Ethiopian Airlines Flight 302 crashed earlier this year, killing 157 people. This part of the ongoing Boeing 737 MAX jet controversy that has resulted  in the aircraft being pulled out of service.Cedric Asiavugwa, a third-year student at the Law Center, was one of the victims of the crash.

Georgetown Law Professor M. Gregg Bloche  devised a final for his “The Mind And The Law” class that included a question that asked students to evaluate the legal issues surrounding the FAA’s emergency grounding of Boeing 737s. Mystal is outraged: Continue reading →