Education

Mid-Day Moldy Ethics Snack, 5/8/2019: Bad Charge, Bad School, Bad Father

/ Jack Marshall / 15 Comments

Yechhh!

1. Do something, blame someone…In Plano, Texas, police have charged Lindsey Glass with violating a law making it a misdemeanor to negligently sell alcohol to a “habitual drunkard or an intoxicated or insane person,.” It seems she served Spencer Hight two gins, two beers and a shot of alcohol during two visits to the bar where she was working in September 2017, before Hight killed Meredith Hight and seven other people. After  police officers shot and killed him, an autopsy found that Hight’s blood alcohol level was about four times the legal limit. The  arrest affidavit said surveillance video shows  that Hight was unsteady, spun a “big knife on the bar,” and could be seen “pulling out a gun” from his waistband.

It’s a terrible charge, and an unethical prosecution.  Glass  texted a co-worker, another bartender, saying that Hight had been spinning the knife and told her had had to go “do some dirty work.” A report by the Texas Alcoholic Beverage Commission said  that the other bartender had called an owner of the bar, who instructed that  police should not be called. Glass was so concerned that followed Hight to his ex-wife’s home and then called 911, according to local station  Fox 4.

A lawyer for Glass emphasized  that his client had called 911 and said she had been commended by police. “It is shameful of the Plano Police Department to go after the person who was vital in trying to stop the horrific events of that evening,” he told Fox 4 and NBC in a statement. Exactly right. Police, spurred by public anger and frustration, want to find someone to blame. The fact that the drunk  went off and killed eight people is pure moral luck. It seems that the bartender went above and beyond her civic duty, at some personal risk, to follow Hight. She was originally commended by police for her actions. [Pointer: ABA Journal]
Continue reading →

A Smoking Flip-Flop: Here Is Why Larry Tribe Cannot Be Regarded As An Objective Legal Authority Any More

/ Jack Marshall / 14 Comments

…well, other than the fact that his recent tweets indicate that the 77-year-old  prof is no longer playing with a full deck…*

I had a back-and-forth with a smart non-lawyer who is suffering from Trump Derangement, and who cited the opinions of Professor Tribe to counter Alan Dershowitz’s critique of the Mueller Report. He didn’t like my assertion that Tribe has proven himself to be a partisan hack of late, willing to espouse whatever public opinion the Left and “the resistance” will find useful.

Ed Whelan, the President of the Ethics and Public Policy Center, found this example of a cynical Tribe flip-flop, worthy of the gymnasts above, that shows what I mean:

 Back in early March 2016, a few weeks after Justice Scalia’s death created a vacancy on the Supreme Court, Harvard law professor Laurence Tribe was perhaps the most prominent of some 350 law professors to sign a letter asserting that the Senate had a “constitutional duty to give President Barack Obama’s Supreme Court nominee a prompt and fair hearing and a timely vote.” Declaring that “[t]he Senate’s obligation in this circumstance is clear,” the letter invoked the Appointments Clause of the Constitution.

But, as I and others (including liberal law professors Noah Feldman and Vik Amar) pointed out at the time, the position that Tribe took had no support in the text of the Constitution and contradicted perennial Senate practice on nominations. The Appointments Clause states only that the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint” various executive-branch and judicial-branch officers. In other words, it restricts the president’s power of appointment by conditioning any such appointment on prior receipt of the Senate’s “Advice and Consent” on a nomination. But it says nothing about how the Senate should go about exercising its power to advise and consent-or-withhold-consent, and it thus leaves the Senate entirely free to exercise that power however it sees fit.

Tribe’s position in March 2016 further surprised me because it contradicted Tribe’s own earlier (correct) recognition, in his 1985 book God Save This Honorable Court, that the Senate may block a Supreme Court nomination “by simply refusing to act upon it.”

I’m pleased to discover that Tribe now agrees that the Senate does not have a constitutional duty to take any action on a Supreme Court nominee. Continue reading →

Sunday Ethics Reflections, 5/5/2019: Whew! Barely Got Three Items In Before My Head Exploded…

/ Jack Marshall / 29 Comments

 

I’m writing this bleary-eyed, in large part because our 15-year-old Jack Russell Terrier chose 3 am  to demand that we play what we call “The Bisky Game” –I don’t know what he calls it—a diversion of his own invention that involves tossing or nosing a dog biscuit at the nearest human, barking sharply two to four times, and demanding that the treat be flipped back to him, whereupon he will reject it by growling, barking, and tossing it back, until some mysterious force tells him that the game is over, whereupon he eats the damn thing. Usually this takes between five and ten tosses, but last night Rugby went for a record, and rejected his biscuit at least 15 times. Finally he ate it, licked my arm for about five minutes–a pre-bedtime tradition— and  went to sleep.  I did not.

1.  Live by bigotry, die by bigotry. “Captain Marvel” star Brie Larson, who got her big break in part because Marvel decided to turn a traditionally male superhero into a female, has pandered to social justice warriors and progressive bigotry in just about every way possible.  During the promotion of the hit film,  she said wanted more people of color to review her films, not white men. [ The ethical position would be to want competent reviewers to review the film, recognizing the competence is color-blind.) She that she doesn’t care what old white men thought of films that weren’t made for  them. She has said that we need more gay superheroes. Funny: as long as I’m being rescued and the world is being saved, I don’t care what the color, gender or sexual orientation of my hero is. How old white man of me.

Now, taking the grandstanding, virtue-signaling actress at her word—almost always an unwise thing to do when dealing with performers, someone has launched a  petition demanding,  “We need Brie Larson to step down from her role to prove she is an ally of social justice and ensure a gay woman of color plays the role.”

As of this writing, the petition currently has nearly tripled  its 3,000 signature goal. Good. Heck, I might sign it . Everyone should be required to abide by their publicly proclaimed principles, though such a rule would mean that Joe Biden would vanish from the face of the Earth. [Pointer: RedState ]

2. From the Ethics Alarms “Denial” and ” What is this ‘Accountability’ thing of which you speak?” files: professors Ethan Porter of George Washington University and Thomas J. Wood of Ohio State University have determined that when comedian Jon Stewart departed “The Daily Show,” its ratings fell, and this, they say, “spurred a 1.1% increase in Trump’s county-level vote share.” This from what passes today for a scholarly  paper, “Did Jon Stewart Elect Donald Trump? Evidence From Television Ratings Data” published in the journal Electoral Studies.

Kyle Smith of “The National Review” points out what should be obvious about this junk science… Continue reading →

Comment Of The Day: “Greek Easter Ethics Warm-Up: Authority, Causation, Credibility And Dead Ethics Alarms” [#4]

/ Jack Marshall / 40 Comments

Long-time commenter E2 scores her first Comment of the Day with some perspective on why Western civilization, and the United States particularly, owes Israel a permanent debt.

I have no problem with critics having honest, reasonable differences with Israel’s policies and the U.S.’s support of them, as long as such critics have a sufficient knowledge of the history of the Jewish people, their existential plight in the Thirties through World War II, the initial contrived ignorance of the U.S. government and President Roosevelt of that plight, and how the State of Israel came into existence. (Two new biographies of playwright and screenwriter Ben Hecht, who played a large but largely forgotten role in that remarkable event, were just published this month. There is a reason one of the ships that brought Jewish ex-patriots to Israel was named, “The Ben Hecht.”)

As E2 points out, the public ignorance of all of this is staggering, and it fertilizes the dirt from which anti-Semitism grows, of late, in abundance. One of the many jaw-dropping statements of stupidity or dishonesty—it’s often so hard to tell which with him— that Joe Biden uttered after his announcement of his candidacy was that America needed to return to being loyal to its allies. Biden was the #2 official in an administration that displayed the most outright hostility to Israel of any since the nation’s founding, our ally that most needs our support and that common decency demands should always be able to count on it.

Here is E2’s Comment of the Day on the item #4 in the post, “Greek Easter Ethics Warm-Up: Authority, Causation, Credibility And Dead Ethics Alarms.”

Does no one know any history at all? That, for example, the English Jews funded the Crusades, and when the King of England couldn’t pay back his debt, he simply exiled all Jews from the country to Europe? Hence, an early forced diaspora of Jews.

Do others really believe that anti-Semitism was grown by Hitler and ended in the Holocaust? Do so many not  know that FDR’s anti-Semitic State Department refused political asylum for desperate Jews from Hitler’s Germany…or the story of the ship “St. Louis” – full of fleeing Jews, that went from port to port in the US and were never allowed entry? Continue reading →

Ethics Quiz: Harvard’s Diversity Speaker

/ Jack Marshall / 19 Comments

As the keynote speaker at its annual diversity conference, Harvard University’s Faculty of Arts & Sciences selected Tim Wise, an “anti-racism writer, educator and activist.” Here is a Facebook post by Wise from 2015.

This is America…people basing their beliefs on the fable of Noah and Ark, or their interpretation of Sodom and Gomorrah…rather than science or logic…If you are basing your morality on a fairy tale written thousands of years ago, you deserve to be locked up…detained for your utter inability to deal with reality…NO, we are not obligated to indulge your irrationality in the name of your religious freedom…but we will provide you a very comfortable room, against which walls you may hurl yourself hourly if your choose. Knock yourself out….seriously, knock yourself out, completely, for weeks at a time…I’m sorta kidding but not by much…I don’t believe lunatics like this should be locked up, but I do think they have to be politically destroyed, utterly rendered helpless to the cause of pluralism and democracy …the world is not theirs. They have no right to impose their bullshit on others. They can either change, or shut the hell up, or practice their special brand of crazy in their homes…or go away. Their choice. And this argument applies to any fundamentalist religionist of any faith who thinks they have a right to impose their beliefs on a secular, pluralistic society. Go away.

There is no evidence that Wise has moderated these views at all. He didn’t issue a direct attack on Christians at Harvard; he did say  that President Donald Trump is and “always was” racist, and that his election shows that “this country is more sexist and more racist than I realized” (because there was no reason not to want Hillary Clinton as President other than racism and sexism, I guess). He argued that academic institutions like Harvard should embrace the struggle for social justice and solidarity “not just at the level of rhetoric but policy.” This means,  Wise said, “Schools must make mission statements up to date,” and tell potential applicants that “if you’re not down with this mission, then you don’t actually fit in with us as an institution.”

You know: diversity! Continue reading →

Happy Saturday Ethics Warm-Up, 4/27/19: Conniff, Cohen, California, And Co-opting A Classic

/ Jack Marshall / 23 Comments

Weekends, unfortunately, are only a rumor when you run a business out of your home…but I’m still HAPPY!

1. “To Kill A Mockingbird” ethics. I asked an old friend and talented director to give me her review of the controversial “To Kill A Mockingbird” on Broadway (previously discussed here, and here…). What I was most interested in was whether the new version (by “The West Wing” auteur and liberal political advocate Adam Sorkin) actually meets the contractual requirement insisted upon by Harper Lee’s estate, that “the Play shall not derogate or depart in any manner from the spirit of the Novel nor alter its characters.”  Well, I knew it would not be; Sorkin and the producer held out for being able to make a “woke” “Mockingbird” reflecting “current sensibilities,” and Lee’s greedy relatives wanted the money more than they cared about what Harper Lee might have wanted, like preserving the integrity of her novel.

Sure enough, my friend reported that the play was full of anachronisms and felt nothing like a story set in a small Southern town in the 1930’s. Most jarring of all, she said, was the oft repeated message that the racially prejudiced individuals in the town were “bad people.” This is the exact opposite of what Atticus Finch tells his daughter in the novel.

2. The GDP. Today the New York Times had the good and unexpected GDP news on its front page, so I’ll retract yesterday’s criticism  of the Times for burying that important news, and evidence of some Trump success. Instapundit pulled out this LA Times article  from 2017. It begins, Continue reading →

Unethical Quote Of The Month: Williams College Students Protesting Campus Free Speech Guarantees

/ Jack Marshall / 41 Comments

“[The proposed campus speech policy] prioritizes the protection of ideas over the protection of people and fails to recognize that behind every idea is a person with a particular subjectivity. Our beliefs, and the consequences of our actions, are choices we make. Any claim to the ‘protection of ideas’ that is not founded in the insurance of people’s safety poses a real threat — one which targets most pointedly marginalized people. An ideology of free speech absolutism that prioritizes ideas over people, giving ‘deeply offensive’ language a platform at this institution, will inevitably imperil marginalized students.”

—The Coalition Against Racist Education Now, a Williams College student activist group, in their rebuttal to a faculty petition calling for adoption of the “Chicago Principles, “based on the campus speech policies of the University of Chicago, which hold that “all members of the university community share in the responsibility for maintaining a climate of mutual respect, concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members of our community.”

I don’t think I should have to belabor this, since it is self-evidently wrong and dangerous, though strangely typical of much of the Left in 2019, but here are just a few points:

  • This is Authentic Frontier Gibberish (AFG)
  • I thought Williams was supposed to be an elite liberal arts institution. Why can’t its students express themselves more coherently than that? (“Insurance”?)
  • Sloppy expression typically indicates sloppy thinking and poor reasoning skills. An argument this weakly stated suggest a position based on cant and political ideology rather than analysis and critical thought.
  • It is impossible to argue or reason with people who think and debate this way. Moreover, their Catch-22 approach precludes argument: if you disagree with them, then you are using “deeply offensive language.” You are also, presumably, showing that you are a racist.
  • Attempting to control the ability to debate, argue and dissent indicates a position with advocates who can’t legitimately defend it.
  • The United States does not have “free speech absolutism,” and never has.  If one is going to argue against the freedom of speech, a minimal requirement is that one should know what it is.

 

Arrested For Sexist Tweets

/ Jack Marshall / 13 Comments

One of the early Ethics Alarms posts about schools disciplining students for their use of social media involved a male student who rated his female classmates in a Facebook post. In 2016, Harvard  cancelled the men’s soccer season as punishment for “the widespread practice of the team’s players rating the school’s female players in sexually explicit terms.” [The Ethics Alarms Quiz about that episode, which I just read, as well as the 156 comments it generated including two Comments of the Day, is a good one, and I’ll offer it here as another Ethics Alarms archives feature worth revisiting: Ethics Quiz: The Harvard Soccer Team’s “Locker Room Talk.”]

At Perrysburg High School in Ohio, however, the reaction of administrators to a similar incident plows new and especially alarming ground.  After many students reported his Twitter account for rating the school’s female students in derogatory terms, the school had him arrested and charged with “telecommunications harassment.”NBC reports that 18-year-old Mehros Nassersharifi has been issued a summons to appear in court, and faces expulsion from the school.His account, @GirlsRanked, purported  to list the “hottest girls” at Perrysburg.

No news yet if the school plans on confining him in an Iron Maiden or branding “SEXIST!” on his face.

There’s no quiz necessary here. What the school has done is far, far worse than a high school kid’s juvenile Twitter account. It is also one more item on my growing list of how the cancerous progressive fervor for installing “woke” attitudes into the culture using force and intimidation continues to metastasize.

No, you can’t prosecute someone based on the content of a Tweet. Every single student at Perrysburg High School should already know that, and indeed should have known it since the sixth grade at least. Yet apparently the teachers and administrators at the school don’t know it. First Amendment? What First Amendment? Continue reading →

Ethics Musings While Trying Keep My Mind Off The Red Sox-Yankee Game

/ Jack Marshall / 7 Comments

Normally I’d be spending this time knocking out a post, but the Boston Red Sox are playing the Yankees, and they really, really need to win.  Typing while watching is hard because a) my netbook is literally falling apart b) Rugby, my ever-young Jack Russell Terrier, is on my lap, and c) as you might have noticed, I can’t type. So this is the equivalent of an ADS post. (I may have a bit of that problem, too.

  • The good news is that there is a school that cares this much about how its debate team does. The bad news is that everyone appears to have lost their mindseveryone appears to have lost their minds as well as their ethics alarms. A coach blames a 14-year-old for a debate loss because he’s friends with an opposing team member whose team used some of the same arguments the losing team used in practice. The 14-year-old  is then harassed  by some students, his mother freaks out, and now the former star debater is leaving the school and the school is being sued. Here’s what I don’t get: wouldn’t the opposing team using the same arguments the kid’s team used in practice be an advantage for the team that prepared for them? Anyway, who throws a debate?

Other than Marco Rubio, I mean… Continue reading →

Morning Ethics Warm-Up, 4/15/2019: Patriots Day! Jackie Robinson Day!

/ Jack Marshall / 17 Comments

Good morning!

It’s funny: over at Ann Althouse’s blog, she’s complaining about how there’s nothing to write about. From an ethics perspective, I am finding too much to write about, especially since, unlike Ann, I still have to work for a living.

1. Quick: what does Patriots Day commemorate (and no, it’s not Tom Brady)? My home state of Massachusetts, Connecticut, Maine (which was once part of the Bay State), and Wisconsin observe the holiday, which honors the twin battles of Lexington and Concord, the confrontations with the British (on April 19, 1775, the day after “The Midnight Ride of Paul Revere”) that launched the Revolutionary War. I visited both battlefields more times than I could count when I was living in Arlington, Mass., right next to Lexington. That battlefield, what’s left of it, is in the middle of busy streets on all sides; it’s hard to imagine the scene as described in the song above from “1776.” Concord’s battlefield, in contrast, is almost exactly as it was in 1775.

All the publicity, even in Boston, about today will be dominated by the running of the Boston Marathon, but attention should be paid to the inspiring story of how ragtag groups of volunteers faced off against the trained soldiers of the most powerful country on Earth, sending the message that this rebellion would not be so easy to put down.  49 Colonists died, 39 were wounded, and five were unaccounted for. The British lost 73, while 174 were wounded,and 26 were missing.

2. It’s also Jackie Robinson Day. In every MLB game today, every player will wear Jackie’s number 42. The best way to honor Jackie for the rest of us is to tell his story to someone who doesn’t know who Jackie Robinson was, and it is shocking how many such people there are. The film “42” does an excellent job of dramatizing how Jackie broke the color barrier in baseball, simultaneously weakening segregation everywhere. The Ethics Alarms post about Robinson is here. Continue reading →