Education

The Michigan High School Ethics Bowl

/ Jack Marshall / 13 Comments

More than 100 high school students from across lower Michigan will gather February 17-18 at the University of Michigan for the fifth annual Michigan High School Ethics Bowl. The winner  will represent Michigan in the National High School Ethics Bowl held at the University of North Carolina at Chapel Hill in April. The Ethics Bowl is organized by A2Ethics, the University of Michigan  Department of Philosophy Outreach Program and the high school faculty coaches in the High School Ethics Bowl League. During the two-day competition, judges  evaluate teams’ responses to case studies written by local community members.

See? There is hope!

Here are the case studies the students will analyze, fifteen of them. I may do posts on a few of them suggestions are welcome. One of them, #2, I have discussed in several legal ethics seminars:

The Michigan Rules of Professional Conduct forbid lawyers from revealing information received in confidence (information protected by the “lawyer-client privilege” of a client), and similarly from using that confidential information for the advantage of a third person, unless the client consents.

You are a lawyer whose practice is focused almost exclusively on criminal defense. You have been active in the criminal defense bar association for several years, and you represent criminal defendants at both the trial and appellate (appeals court) levels.

One of your clients, Gilbert, age forty, is in prison for murdering a woman named Alice. You represent Gilbert in the appeal of his conviction and life-without-parole sentence. During confidential meetings with Gilbert, he confesses to you that he also murdered Bob, and he acted alone when he did. Although you were not involved with the case of Bob’s murder, you are somewhat familiar with it and know that a man named Enrique was convicted of Bob’s murder and is consequently serving a sentence of life without parole. Enrique’s conviction and sentence were recently reaffirmed after a thorough, years-long appeals process. Unless new evidence comes to light, he will not be able to appeal again.

After you are unsuccessful in challenging Gilbert’s conviction and sentence for Alice’s murder, you speak with him about Bob’s murder. He repeats his confession, this time in more detail, but refuses to consent to your request to reveal the confession on Enrique’s behalf.

Continue reading →

Good-Bye To The Hasty Pudding Show

/ Jack Marshall / 19 Comments

The Hasty Pudding Theatricals is an ancient  Harvard theater troupe that was always a drag show, staging productions since 1844 in which men played all the women’s roles. It has announced that, for the very first time, it would include women in the cast.  “The Hasty Pudding Theatricals is proud to announce that going forward, casting will be open to performers of all genders,” the group’s producers, Hannah Needle and Annie McCreery, said in an email.

This is an institution fatally impaling itself on the obelisk of political correctness.

I wondered when this would happen. I assumed it was inevitable once Harvard’s social justice warrior President Drew Faust announced in spring 2016 said that students who participated in single-gender clubs would not be allowed to hold on-campus leadership positions, captain sports teams, nor be eligible to receive  endorsements for prestigious fellowships. Last year,Harvard considered banning the clubs outright, which would have included the Hasty Pudding Club which originated the show, but decided  in 2017 to continue its policy of sanctions while leaving the threat hanging, like the sword of Damocles.

The Hasty Pudding show was an anachronism even when I was student. Student drag shows were common in the days before co-ed schools, and Harvard’s was the last one standing, which is what made it worth seeing and famous, the same random process that immortalized Fenway Park and George Burns. The show had a budget the size of a professional touring show, and did tour, performing for Harvard alumni clubs across the country, in addition to a month’s long run at the group’s Harvard Square theater. It hired a professional director, much of the orchestra, and the students who participated essentially gave up half a year of their education to participate. Harvard used to make its students who were interested in performing careers get their experience in extra-curricular theater groups like “the Pudding,” as it is called: there was no theater major. Thus stars-to-be like Jack Lemmon and Fred Gwynne got their start on the road to fame in Pudding shows.

The whole point is, however, that it’s a drag show. Many of the laughs come from the running joke that the women in the story are played by men, usually the biggest, tallest, hairiest ones available. The show is far more of a spoof on men than women. I have never known a woman who was offended at drag comedy. I have known many men and women who didn’t find it funny—my father hated Milton Berle especially because of his penchant for dressing in drag. I’m not a fan either, although John Cleese’s female impressions are irresistible.

I was also not a fan of the Pudding show itself, despite being very active in campus theater and having many friends who performed. I only saw one of the productions, “Bottoms Up!”, my freshman year. It was slick, well-performed, the costumes were terrific, and the original, student-written songs were excellent—I still have the cast album–but one hasty Pudding theatrical was plenty. The climax of every show was a spectacular kickline, which was perfectly executed by big, hairy guys dressed like the Rockettes. Again, not my cup of tea: I appreciated it rather than loved it. Continue reading →

Morning Ethics Warm-Up, 1/24/2018: Demands, Denial, And Ethics Distortions

/ Jack Marshall / 91 Comments

Good morning, crew!

1. Say please..…. A group of “Dreamers” blocked an entrance to Disneyland yesterday, as part of a protest demanding a Congressional OK for DACA.  I am willing to accept the will of Congress and the President if somehow the illegal immigrants who were brought here as children and never took the initiative to become compliant with the law get a break via DACA.  However, they are supplicants. The US has no obligation to accommodate their predicament. I don’t want any demands from them, and the more they demand, the less I am inclined to be sympathetic to their plight.

Ask nicely. Say please. Their sense of entitlement is redolent of the attitudes of the advocates of the usual, everyday, garden variety illegal immigrants. How dare the country we entered illegally enforce the law? If the “Dreamers” want to ask for a compassionate exception, I’ll listen, just as I’ll consider the pleas of panhandlers and homeless veterans. But don’t you dare tell me I have to give you a handout.  And as non-citizens, “the “Dreamers” have no basis to protest anything.

2. Is it news yet? If you had no inkling that the FBI somehow “lost” thousands of text messages sent between those lovebirds, FBI counterintelligence expert Peter Strzok and FBI lawyer Lisa Page,  at the exact point where their conversations and expressed desire to “stop” President Trump may have been especially interesting, you are not alone. There is an internal Justice Department investigation about the communications that went on during the extramarital affair, in part because both were involved in the Mueller investigation into whether there is some way that Democrats can find a legitimate reason to impeach President Trump. Strzok also helped lead the FBI’s probe of Hillary Clinton’s private email server—also now under renewed scrutiny, since more evidence suggests that it might have been rigged; did you know that?— and was initially involved in Special Counsel Mueller’s inquiry into Russia’s 2016 election meddling. Strzok was kicked off the task force after Mueller learned that there was smoking text message evidence that he detested the President, and Strzok and Page had texted about the need for an “insurance policy” against Trump being elected, creating a prima facie case that the investigation included supposed objective seekers of truth who had a political agenda. Page, Strzok’s secret squeeze, was also on Mueller’s team before returning to the FBI. That makes two potential anti-Trump moles. Continue reading →

Morning Ethics Warm-Up, 1/20/2018: Government Shutdown Edition

/ Jack Marshall / 36 Comments

Good Morning.

1 Just how stupid is the public? Charades like the latest government shut-downs provide an excellent opportunity to find out. As regular readers here know, I am particularly annoyed when elected officials and journalists set out to make the public more ignorant or devoid of critical-thinking skills than they already are by making dumb arguments using logical fallacies, rationalizations or deceit. Both parties benefit from civically ignorant citizens, but the nation suffers. This time, it’s the Democrats who are banking on the public being too gullible and stupid to function. Here was the message I received from the Democratic National Committee—which, I will add, keeps sending me this crap despite my repeated efforts to unsubscribe from their daily dishonest shilling .It’s illegal to do this, but as the Democratic Party is proving with this latest drama, law-breaking is of minimal consequence to them when it suits their agenda:

It’s official — Republicans have shut down the federal government. They control the White House and both chambers of Congress, and under their watch, they haven’t been able to govern and keep the lights on. If they’re not capable of doing the job they were elected to do, we know plenty of Democrats running across the country who are up to the task.

How stupid, biased and dishonest to you have to be to swallow this lie? The shutdown was, beyond argument, engineered by Democrats, who have been threatening it for a long time. The argument is also dumb, indeed backwards. The government shut down because the Republicans couldn’t pass a spending bill without Democratic votes: they need a total of 60 “yeas” in the Senate. All but five Democrats, including Bernie, voted for shutting down the government. All but three Republicans, the trio of iconoclasts Graham, Flake and Paul, voted to keep it open, and the DNC calls that the Republicans shutting down the government.

Aren’t even Democrats offended at that degree of dishonesty and cynicism? Isn’t that classic Orwell: “War is Peace,” and “The Measure Republicans Voted For Is the Measure Republicans Opposed“? How can anyone trust a party that issues official communications like this? That is a party that will lie to your face, or assume that you have been so corrupted that you will lie on its behalf.

Moreover, the statement above might as well be written by the Republican National Committee, with the message being, “Since Democrats won’t cooperate to keep the government running and will sacrifice the welfare of citizens for non-citizens, we obviously need more Republicans in the Senate.” That message is factual. Continue reading →

Harvard’s Female Students: ‘Wait, That Ban OnThe Freedom Of Association Off Campus Wasn’t Just For Men? Outrageous!’

/ Jack Marshall / 47 Comments

Back in 2016, Harvard University President Drew Faust sent an email to undergraduate students and the Harvard community,  announcing that beginning with the 2017 entering class, undergraduate members of unrecognized single-gender social organizations (called “fraternities and sororities” at normal colleges)  would  be banned from holding athletic team captaincies and leadership positions in all recognized student groups. They would also be ineligible for College endorsement for top fellowships like the Rhodes and Marshall scholarships. I wrote in part,

Let us be clear what Harvard is trying to do here. It is seeking to punish students for their associations and activities unrelated to the school itself, and using its power within the limits of the campus to indoctrinate ideological values and require conduct that is unrelated to education. This is a rejection of the principle of freedom of association, one of those enumerated rights protected by the Ninth Amendment of the Bill of Rights, and a cornerstone of American principles. If the college can, in effect, create a blacklist withholding institutional honors from those who choose to belong to an all male or all female club completely distinct from the university, what clearly delineated line prevents the same institution from declaring that membership in the Republican Party, Occupy Wall Street, Americans For Trump or the NAACP are similarly undermining its values?

There is no such line.

But the policy went forward. Then, last July, a Harvard University task force advised banning students from joining any “fraternities, sororities, and similar organizations” as part of a process to phase out the social groups entirely by 2022. The recommendation was not adopted. Now, three sororities (remember, these are off-campus organizations not officially affiliated with Harvard) announced that they will still  recruit freshman women next semester.

“This is the spirit in which Alpha Phi, Delta Gamma, and Kappa Alpha Theta were established during the early 1870s,” the sororities said in their joint statement, titled, “We Believe Women Should Make Their Own Choices.”

Ah! The magic word “choice”!

Your move, President Faust! Continue reading →

Comment Of The Day: “I Worry About Cary Grant”

/ Jack Marshall / 18 Comments

Today’s Comment of the Day was spawned by the post about the fading of cultural memories of important film artists. texaggo4 has his doubts about my concerns, and whether the phenomenon is worth worrying about, or even a problem at all.

I admit, this topic is an unusually intense and personal one for me. It was the reason why I devoted a large portion of my life and creative energy for twenty years to the quixotic challenge of creating and trying to maintain a professional theater company in the Washington, D.C. area devoted to producing American stage works of quality and historical importance that were in danger of falling out of the American stage repertoire entirely, if they were not already forgotten. We proved that many shows thought hopelessly dated or politically incorrect still worked (“The Boys in the Band,” “The Seven Year Itch,” “Native Son,” “The Cradle Will Rock”…), found genuine masterpieces that almost nobody knew existed (“Moby Dick Rehearsed,” “Machinal,’ “Marathon 33″…), and lost a fortune on artistic gambles that didn’t pan out, for a wide variety of reasons, including bad management, bad luck, or the unpredictability of show biz. Notable disasters that still give me nightmares include ” “Home of the Brave,'” Mr Roberts,” “A Flag is Born,” “Dear World, and “The Pirate.” We had a devoted and loyal following, and I think we proved our point, but basically didn’t make a ripple despite all that work. (Except perhaps in this case, and maybe that was enough…) Heck, our theater was in a school building, and we couldn’t get any teachers to bring their classes to our shows, even for free.

But then, most of my life has been devoted to futile pursuits. After all, I’m an ethicist…

Here is tex’s Comment of the Day on the post,I Worry About Cary Grant:

What exactly are we asking for here? Facial recognition of the actor and an ability to recollect every great movie ever produced? What’s the goal of Cultural Memory? It cannot be the rote memorization of EVERY SINGLE great artist, producer and creator of art & culture. 1, we’d never have time to get around to memorizing ALL of it, 2, we’d never have time to get around to viewing all of it, 3, we’d never have any time to get around producing new examples of it, 4, we’d never have any time to get around doing anything else that life calls us to do.

The great conversation, as it is called, which is the ongoing “dialogue” between artists of the present with their contemporaries as well as with their predecessors. Artists take the concepts that are explored in the past, the debates had between opposing concepts in the past, and rework them in the present, either shedding light on new angles or re-engaging the old arguments, or bolstering new arguments. This long process of cultural production has produced MILLIONS of individual works and, without a doubt, TENS of thousands of artists. Of those countless producers & performers, we can assume there are many many thousands of individual works that could be called “culturally iconic” or “unique” or “ground breaking” and thousands of artists.

Feeling less well read that I ought to, I compiled a list of what several thinkers considered to be the “Western Canon”: a list of essential books that captured the literary and written philosophy component of this “Great Conversation”, with the goal of plodding through them over my lifetime.

930 books. Just the books.

The authors, as I read their names, certainly had recognizable names and I could probably guess relatively accurately the eras they wrote in. Could I reasonably hold a discussion or even mention some prominent idea found in them? Maybe 10% of that list. With any level of deeper understanding? Less than that.

But what I could do, without those books, is hold a relatively well thought out conversation about the ideas that most of those books were also exploring. Why? Because that is what cultural memory does for us, without being able to hold an in depth idea about a particular work of art, we can still be able to hold in depth ideas about the particular notion that a work of art was exploring. Because cultural memory goes a great way towards preserving, through the Great Conversation, all those ideas and philosophies and beauties and art, without me having to memorize in rote detail the specifics of each work.

930 books, considered essential to grasp the great conversation of *just* Western Culture. How many paintings & painters? How many concertos and composers? How many sculptures? How many plays and playwrights and stage actors? How many buildings and architects? How many movies and directors and actors and screenwriters?

The interesting thing of course, is how the growth of culture has accelerated due to population, communication and technology. Whereas one generation in the 1000s may have produced a half dozen *iconic* culture producers, one generation in the 1500s produced several dozen *iconic* culture producers. One generation in the 1700s, maybe 100. A generation of the 1900s, easily several hundred.

Producers. Multiply that by 10 for iconic works. And I think I’m underestimating. Continue reading →

Public Confidence And Trust (2): Observations On Gallup’s Confidence In Institutions Poll

/ Jack Marshall / 48 Comments

In Part 1, we looked at the implications of Gallup’s 2017 polling on Americans’ beliefs in the trustworthiness and honesty of various occupations.  This post looks at institutions, and what Gallup’s research shows us when those polled answer the question, “Now I am going to read you a list of institutions in American society. Please tell me how much confidence you, yourself, have in each one — a great deal, quite a lot, some or very little?”

As with the occupations poll results, what is most interesting—or depressing— is how the public’s attitude has changed over time. Gallup has been taking this poll at the end of every year since 1993, and in some years, for some institutions, before that.

The most important finding is that Americans have less trust and confidence in our institutions than ever before, and have been in this state for three straight years. (See chart above.) The 32% average confidence level in all institutions measured was one point above 2016, which came in at a record low 31%, but that difference is not statistically significant. This is the third straight year that the number has been under 33%. That has never happened before.

I have written about this issue in the past (and discussed it with professional groups, like newly elected state legislators, in ethics seminars), with the same alarm. For a democracy to lack confidence and trust in its institutions portends disaster, and the danger cannot be understated. Of all forms of government, it is democracy that is most built on a foundation of public trust. This erosion in public trust—the average level of trust has fallen about 26% in just ten years—is collectively frightening. Look at the first line and the last in many of these charts: Continue reading →

A Vermont State’s Attorney Prosecuted A College Student For An Overheard Phone Call. Why Is She Still Employed?

/ Jack Marshall / 18 Comments

In October of last year, police charged Wesley Richter, a University of Vermont continuing education student, with disorderly conduct after university officials said he used “explicitly racist and threatening language” against black students and diversity initiatives on campus. Richter was overheard in a phone call with his mother, though exactly what Richter allegedly said has not been made public.unknown. Of course, what he said doesn’t matter, unless he was planning a crime, which he was not. He was talking to his mother, and a student who overheard the discussion took offense at what was said. Richter, through his lawyer, denied saying anything racist, but again, it doesn’t matter. Saying racist things in a phone conversation cannot be a crime. It’s bad manners. It’s disrespectful to those listening. A school may be able to justly find some kind of violation to a reasonable and neutral civility code involving words but not content. But an overheard phone conversation cannot be a crime. It is mere words.

Nevertheless, the University of Vermont, the University of Vermont Police Department and the Chittenden (County) state’s attorney’s office in the person of Sarah George, the State’s Attorney, prosecuted the case against Richter. George is a graduate of the University of Vermont Law School, where presumably they taught constitutional law. There is no excuse for this.

Richter’s lawyer, Ben Luna, argued that George didn’t have probable cause to bring the misdemeanor charge, and Superior Court Judge David Fenster agreed. In a statement, Luna called the dismissal a victory for free speech and the First Amendment. “The court’s ruling reinforces my opinion that this matter should never have been brought,” he said.

The court’s ruling also reinforces my opinion that Sarah George should be disciplined by the bar and fired.

Right at the start, Vermont’s Rule 3.8, as in every other state, makes it clear that prosecutors must not charge anyone with a crime without probable cause:

Rule 3.8. SPECIAL RESPONSIBILITIES OF A PROSECUTOR

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

The Comments to the rule say in part,

[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence.

The First Amendment makes it beyond argument that the government may not punish or seek to punish citizens for the content of their speech. Since the only evidence that George had that a misdemeanor had been committed was a third party complaint about the content of Richter’s speech in a conversation over the phone with his mother, she did not have legal or sufficient evidence to charge or prosecute Richter. As a lawyer and a prosecutor she had to know that. If she knew it, she was knowingly abusing her power, and should be suspended from the practice of law.

If she didn’t know it, then she is incompetent and not fit to practice. She should be fired.

Incredibly, George said she thought the case was strong, but that it was also “a learning experience.” “It’s disappointing, but it’s also good for us to know. It’s a really great decision for us in terms of case law and reasoning, so we know now what this court expects of us,” George said.

Yeah, the court expects you to follow the Constitution. If you have to learn that at this late stage in your legal career, Sarah, you need to go back to the drawing board. Maybe you can sell maple syrup.

She wasn’t through. “What we allege he did, we still allege he did,” she continued.  “It just didn’t rise to the level of a hate crime.”

A phone conversation cannot be a “hate crime.” Speech cannot be a hate crime. “Hate speech” is not a legal designation.

Why is this woman a state prosecutor? Fire her.

If she is not fired, then this totalitarian, illegal, abusive and intimidating prosecution chills free speech, not just on the University of Vermont campus, but in the whole state. A citizen should not have to wait two months, as Richter did, for a judge to declare that the state cannot persecute him for what he is overheard saying, whatever it is.

Fire

Her. Continue reading →

Museum Ethics: The Rape Of The La Salle University Art Museum

/ Jack Marshall / 16 Comments

“This old thing alone will fetch enough to fund that Klingon language course!”

Among its other tenets, the Code of Ethics For Museums followed by The American Alliance of Museums requires that member organizations ensure that:

  • collections in its custody are lawfully held, protected, secure, unencumbered, cared for and preserved
  • acquisition, disposal, and loan activities conform to its mission and public trust responsibilities, and
  • disposal of collections through sale, trade or research activities is solely for the advancement of the museum’s mission. Proceeds from the sale of nonliving collections are to be used consistent with the established standards of the museum’s discipline, but in no event shall they be used for anything other than acquisition or direct care of collections.

In other words,  museums cannot ethically sell off  their collections to finance or benefit non-museum goals and objectives.

Never mind. La Salle University’s trustees announced that the university planned to sell 46 paintings, sculptures, and drawings selected by Christie’s auction house and use the expected profits of $4.8 -$7.3 million into teaching and courses. That means that the University will be using the art as investments and assets rather than art.

Unethical.

“I feel as though the place has been raped,” said Caroline P. Wistar, a longtime curator of the museum who retired about a decade ago. “They’re selling all of the very best things — a Degas drawing, a Vuillard. This is major. I feel like they’ve killed the museum.” Timothy Rub, head of the Philadelphia Museum of Art and past president of the Association of Art Museum Directors,  said, Continue reading →

California’s Ethics Rot

/ Jack Marshall / 19 Comments

This is the prevailing culture in the state Hillary Clinton won so overwhelmingly that she was able to claim that she really “won” the election. You don’t want to live in that culture. It opposes the Freedom of Speech.

Opposing free speech is unethical. It also is undemocratic. But Californians are increasingly incapable of seeing this. It is a case study in how a culture rots. Some recent examples of how the rot is proceeding.

I. Mean Facebook posts are crimes.

In 2016, Mark Feigin posted five insulting comments on the Islamic Center of Southern California’s Facebook page. Among them:

  • “THE MORE MUSLIMS WE ALLOW INTO AMERICA THE MORE TERROR WE WILL SEE.”
  • “PRACTICING ISLAM CAN SLOW OR EVEN REVERSE THE PROCESS OF HUMAN EVOLUTION.”
  • “Islam is dangerous – fact: the more muslim savages we allow into america – the more terror we will see -this is a fact which is undeniable.”
  • “Filthy muslim shit has no place in western civilization.”

As a result, California is prosecuting him for allegedly violating Cal. Penal Code § 653m(b):

Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device … to another person is … guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

A First Year law student of reasonable mental acuity could tell you in a trice that this was unconstitutional—that is, she could if she hadn’t been marinated in the anti-democratic culture that is 21st Century California. It is also an unethical and intellectually dishonest effort to use an ill-fitting law to punish “hate speach.” Here, in part, is the analysis of Prof. Volokh, a constitutional law specialist:

This can’t possibly be consistent with the First Amendment; indeed, in U.S. v. Popa (D.C. Cir. 1999), the D.C. Circuit set aside a telephone harassment conviction of someone who left seven racist messages on the voicemail of then-U.S.-Attorney Eric Holder; and the court focused on the “political message” of the speech, and not on Holder’s status as a government official. Given that insults targeted to a particular person, related to a political message, are thus constitutionally protected, so are more general insults aimed at an ideology and all its adherents, whether that ideology is Islam, Scientology, conservatism, gun rights, or anything else. Laws aimed at preventing unwanted repeated messages to particular private citizens shouldn’t be applied to messages sent to ideological organizations (or to public officials). And this is especially so when it comes to annoying Facebook posts, which the organization can simply block.

…I hope the court indeed promptly throws them out as unjustified under the statute, forbidden by the First Amendment, or both. But if the courts accept such charges, expect to see many more people, left, right, and otherwise, prosecuted for posting insulting messages on many groups’ web pages.

II. No free speech on campus without permission!
 Continue reading →