Education

Morning Ethics Warm-Up, 12/28/2017: Bad Lawyer, Bad Losers, Bad Lottery, Bad Policy

/ Jack Marshall / 10 Comments

 

GOOD MORNING!

1 Gee, I wonder how this happened? I’m doing a year-end legal ethics seminar for D.C. Bar members this afternoon, and this story showed up in time for me to use. A federal jury has found Evan Greebel, the former lawyer for convicted fraudster Martin “Pharma Bro” Shkreli guilty of helping the fick pharmaceutical executive craft a scam to repay defrauded investors. You remember Shkreli—this guy, who entered the Hall of Infamy for his unapologetic price-gouging of the HIV drug Daraprim after he bought the rights to the drug and  then hiked its price from $13.50 to $750.

Prosecutors  claimed Greebel, Shkreli’s lawyer during  scheme, gave his client detailed advice on how to pay off investors in his  hedge funds, MSMB Capital and MSMB Healthcare, with his company’s  funds, as well as how to circumvent trading restrictions. He was also was accused of participating in fraudulent backdating of documents and helping draft phony settlement and consulting agreements. Greebel’s lawyers countered that Shkreli was an evil manipulator who dragged his own lawyers, unaware, into his crimes. his own lawyers. Greebel, they said, acted in good faith as the outside attorney for Shkreli’s company, and lacked criminal intent.

The news story ends with this:

“Greebel, a partner with Katten Muchin Rosenman, saw his annual salary triple from $355,000 in fiscal year 2013 to $900,000 in 2014, when he was advising Shkreli.”

The moral: Nothing freezes ethics alarms like a lot of money.

2. What do Roy Moore, Al Gore and Hillary Clinton have in common? They are lousy losers. Moore, the horrible GOP candidate for the empty Alabama Senate seat, has filed a lawsuit to try to stop Alabama from certifying Democrat Doug Jones as the winner of the U.S. Senate race. Moore lost by 20,000 votes, but insists that there were irregularities. He wants a fraud investigation and a new election. Once upon a time, even the losers in close elections where some funny things went on conceded gracefully and accepted the results. This was a traditional demonstration of respect for the system and democracy, and girded our elections from cynicism and distrust. Even Samuel J. Tilden, the Democrat who was cheated out of the Presidency despite winning both the popular and the electoral vote, acceded to the back room deal that gave Hayes the victory.

No longer. Al Gore permanently killed that tradition in 2000, and Hillary’s minions set the corpse on fire in 2016. Now losing candidates can be expected to exploit any excuse imaginable to try to reverse election results. This is a dangerous slippery slope the endless Florida recount put us on, and I fear that it will eventually slide into violence. Better that the occasional election be won illicitly than to have every election be a potential court case.

In other news, the determination of a tie-breaker to settle who won a decisive seat in Virginia’s House of Delegates has been delayed after lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent.

Of course! Continue reading →

Morning Ethics Warm-Up, 12/20/2017: Maybe It’s The Christmas Tree Lights That Are Putting Me In A Rotten Mood, But This Stuff Isn’t Helping…

/ Jack Marshall / 41 Comments

(It only looks this way to me…)

Good morning, everyone!

Grrrrrrrr…!

1 Again I ask: how does democracy survive this? It is so discouraging to read about facts that “the public has a right to know,” that are”fit to print,” or that must be revealed if democracy is not to “die in darkness,” and know, know, that they will not be honestly or properly covered by the mainstream news media for purely partisan and ideological purposes. It is doubly discouraging to know that so many Americans are either so brainwashed or without integrity to begin with that they will defend this betrayal…and even attack those who try to let the truth out.

There was  a story published earlier this week by Politico, which is largely left-leaning but a major source of political news on the web. It was thoroughly sourced, and thoroughly shocking.

It described how Obama administration secretly quashed efforts to stop Hezbollah from funding its operations through criminal enterprises in the United States, deliberately sabotaging US law enforcement’s efforts to fight terrorist drug and money laundering operations, by  curtailing long-standing efforts to interdict cocaine shipments in the U.S. by Hezbollah, the terrorist organization closely allied with Iran.

The federal and international effort to root out Hezbollah’s crime network predated the Obama administration:

The campaign, dubbed Project Cassandra, was launched in 2008 after the Drug Enforcement Administration amassed evidence that Hezbollah had transformed itself from a Middle East-focused military and political organization into an international crime syndicate that some investigators believed was collecting $1 billion a year from drug and weapons trafficking, money laundering and other criminal activities.

But President Obama was determined to get his nuclear deal with Iran done in his second term, so this effort was suspended by executive directive. “This was a policy decision, it was a systematic decision,” said Politico’s on-the-record source David Asher, a Defense Department official charged with tracking Hezbollah’s worldwide criminal enterprise “They serially ripped apart this entire effort that was very well supported and resourced, and it was done from the top down.” Continue reading →

Comment Of The Day: “Yes, Catherine Gregory Should Be Fired”

/ Jack Marshall / 41 Comments

Well, this is depressing. Is it too pessimistic? I think so. I hope so.

I wish I knew so.

Here is Michael R.’s Comment of the Day, a trenchant and timely analysis of the underlying factors that culminated in the post, Yes, Catherine Gregory Should Be Fired:

The current Democratic college faculty, journalists, and politicians have shown how dangerous the political correctness of the 80’s and 90’s was. They are the product of that philosophy embraced by the Left and the Democratic Party. People disputed how bad it was at the time, but now we see the true effects of excusing it, ignoring it, and Democrats still voting for the Left. Let’s not pretend they all just became unhinged recently because of Trump’s election. They have been this way for a long time, it is just that people excused it or denied it. Even today, every single person I know who is a Democrat STILL denies the mainstream media has a liberal bias. Why wouldn’t they, it is the same media we had 10 years ago. All the news coverage of George W. Bush was just as unreliable as the current coverage of Trump, they just weren’t as blatant as they are now (remember Dan Rather, remember the NYT and CBS fake news story on election day about weapons of mass destruction?).

In 10 years, hate speech will be illegal and hate speech will be anything the Left doesn’t like. Roughly 60% of college students, in survey after survey, already think it is illegal to express opinions they don’t like. Since about half of college students are Democrats, it suggests that ~100% of the future Democratic voters, representatives, governors, Presidents, and judges, will view it as illegal. Continue reading →

Yes, Catherine Gregory Should Be Fired

/ Jack Marshall / 34 Comments

Jonathan Turley is fascinated with the issue of whether  faculty members and employees generally should lose their jobs over controversial conduct outside of the workplace, particularly when it involves political speech. “There remains an uncertain line in what language is protected for teachers in their private lives,” the George Washington law professor writes. As I’ve discussed here before, I don’t think it’s nearly as uncertain as Turley does. When a faculty member’s conduct or statements on social media make an objective observer think, “No competent, professional institution would hire someone like this,” it’s bye-bye and don’t let the door hit you on the way out.

Even Turley seems to waver in this ridiculous case.

Conservative commentator Lucian Wintrich was about to speak on the topic “It’s OK to Be White”—I LOVE that topic!— at the University of Connecticut when a protestor grabbed his notes. He in turn tussled with her, causing a near riot, and campus police arrested him.  The protestor was Catherine Gregory, associate director of career services  at Quinebaug Valley Community College.

Today the University came to its senses (or realized public opinion wasn’t going to allow it to get away with its attempt at liberal fascism) and dropped the charges against Wintrich  while charging Gregory.

What should happen to Gregory?

Gregory’s lawyer, Jon Schoenhorn argues that his client was justified in her actions because Wintrich’s views constitute “hate speech” and his actions “are beyond the First Amendment” in their insults to minorities. This is obviously nonsense, and I would argue it even qualifies as a frivolous and dishonest defense, an ethical violation. Unless the man is complete nitwit, he must know that there is no excluded variety of speech called “hate speech” that the First Amendment doesn’t protect. He’s lying, or he’s too incompetent to be a lawyer. Continue reading →

Welcome To The Slippery Slope! Fordham’s Coffee Shop Bigotry

/ Jack Marshall / 208 Comments

A recent episode at Fordham illustrates quite effectively the way American society could unravel as a result of a Supreme Court decision supporting the Masterpeice Cakeshop’s claim that its faith-based objection to same sex marriage should justify restricting service to some customers.

Rodrigue’s Coffee House is an off-campus coffee shop run by a student club at Fordham University.

The shop has a “Safer Space Policy” that reads…

“Rodrigue’s strives to be a safer space on Fordham’s campus. For these reasons, consider the following:

Do not make assumptions about someone’s gender, sexuality, race, class, or experiences. Be aware of your own identity, while being considerate of the personhood of your peers. Be mindful of the ways in which your words and actions impact others. Be aware of the boundaries of other’s space, physical or otherwise, and respect their consent. No racism – No sexism – No homophobia. If you feel that someone has transgressed this policy, we want you to feel comfortable confronting them or approaching a member behind the counter, who is available as a resource to assist you.”

This is Authentic Frontier Gibberish and first degree virtue signalling, and could be fairly translated as “We are pompous and oppressive social justice warriors who are intolerant of the views, statements, or opinions of anyone who does not share our rigid and undeniably correct ideology. We hereby declare our right to ostracize such non-conforming individuals on the basis of what we, in our sole discretion, consider hate speech. Fear us.”

Fordham College Republicans visited the coffee shop wearing MAGA hats. Sure, they did this to provoke a response, knowing what the likely reaction would be, much like a gay couple deliberately asking for a wedding cake at a Christian bakery.  Memorialized in the video above, the president of the club didn’t disappoint, and angrily ordered the College Republicans to leave the premises.

“This is a community standard—you are wearing hats that completely violate safe space policy. You have to take it off or you have to go…I am protecting my customers,” the president said. Note that she was “protecting” his customers from exposure to the thrice-removed (initials, the phrase “Make America Great Again” which is benign on its face, and its association with the Trump campaign) message on a cap.

“We are your customers, we bought something,” one of the young Republicans replied.

“I don’t want people like you supporting this club… no one here wants people like you supporting our club,” the president answered. “I am giving you five minutes….You are threatening the integrity of our club. This is a community standard—you are wearing hats that completely violate safe space policy. You have to take it off or you have to go.”

When one of the students then asked her to explain what she thinks the MAGA hat stands for, to which she shouted, “Fascism, Nazis! You have three minutes.”

Legally, of course, this conduct is distinguishable from the conduct of the same-sex marriage decrying cakeshop owner. There is no law prohibiting a proprietor from behaving like a vile, intolerant, rude, bigoted asshole, just basic standards of decency.  Nor is there a law protecting conservatives from invidious discrimination in public accommodations based on passively displayed political beliefs, although if this kind of thing starts proliferating, there will be.

However, the toxic effects on the culture by the two examples of intolerance and disdain for other citizens and human beings is exactly the same. Each is similarly mean-spirited, each is based on excessive self-righteousness, and each equally harms society, and the nation by elevating tribalism to standard practice. The theory of the coffee shop proprietor, I suppose—that the mere presence of a hat with initials on it is “unsafe” —-is marginally more outrageous and idiotic than the baker’s claim that selling a cake for a wedding he will not attend, is not invited to, that will never impose on his consciousness once the customers walk out the door unless his cake turns out to be poisoned, and that will take place whether he provides the cake or not,  is a burden on his religious faith. Marginally. They both constitute  unethical mistreatment of other human beings who deserve better, and breaches of the Golden Rule. That in both cases the victims of the unethical conduct may have intentionally presented themselves to be abused does not mitigate the abuse.

I might as well state the obvious, that the members of the intolerant club operating the shop are 100% behind the cause of forcing the cakemaker to sell the gay couple a wedding cake, but believe it is fair and just to refuse to sell Republicans a muffin.

Sometimes I am embarrassed that I even have to write a post. This is one of those times.

If higher education is manufacturing future citizens who think and act like the club president running the coffee shop, then higher education is doing the nation more harm than good.

From The Ethics Alarms “It’s NOT Okay To Be White?” Files: The Blacks-Only Opinion Section

/ Jack Marshall / 40 Comments

Luckily, my head already exploded this morning, so this story, from College Fix,  did no further damage:

The student newspaper at Evergreen State College has a section in its opinion pages described as “for people of color by people of color.”

“This should be a place where we can be us without it being overshadowed by the dark cloud that is living under white supremacy and having to see things from a white perspective. This is why when we do cover these issues it will be in the context and from the perspective of POC and POC only,” according to the section’s editors as they reintroduced it to readers in September.

The anonymous column, known as “POC Talk,” debuted in the bi-weekly Cooper Point Journal last year and returned this fall to the newspaper’s pages following racial unrest that erupted at the public university this past spring.

“Dear White people, please take a step back, this isn’t brown-people-answer-white-people’s-questions-hour, we’re asking specifically for submissions from POC,” the section’s editors added in their September intro. “As being told no seems to be a difficult concept for some of y’all I await your emails about the Irish, how the term white fragility is mean (great example of white fragility) and how we need to view people through a color-blind lens (just lol). You will 100% not get a response!!!”

  • You remember Evergreen, don’t you?
  • I want to hear prominent voices in the black community, Democrats, and progressives, condemning this. Republicans and conservatives can’t because that will mean they are racists.
  • Is this school receiving federal funds? It shouldn’t be.
  • Cue the “white racism is different from black racism, which isn’t really racism but a reasonable response to historical and cultural factors” apologists! A white school that dared to have a “white opinions only” section in a school publication would be attacked far and wide as an example of alt-right creep. There is no difference.
  • The reference in the headline is to this post…

Morning Ethics Warm-Up, 12/2/17: Hackers, My NPR Panel, An Unethical Journalist Actually Faces Consequences, And God Bless Us, Everyone!

/ Jack Marshall / 12 Comments

 

GOOD MORNING!!!

1  Actually, it’s a terrible morning. I began what has really been a hideous morning at 5 a.m. with a hacking alert on my computer. I eventually, with the help of some technicians, identified the usernames of 27 hackers who were accessing my data, apparently.

I should have written this before, I guess, but hackers, all of them, every single one no matter what their motives or what they do, are the scum of the earth, ethical black pits, and blight on civilization. Yet the popular culture loves them. There are young hackers, male, female, black, white, Asian, Indian and Hispanic, handicapped hackers…no old hackers,of every type all over the TV fare, usually as part of the heroic team on procedurals. (There are no old hackers.) What power they have! How smart they are! Often they are ex-criminals, who managed to acquire an exciting, lucrative job by displaying their hacking skills to law enforcement in the course of committing crimes. Usually, they are the funny members of the team, or the cute, like Matthew Broderick in “Wargames.” No wonder our young see these shows and think hacking is cool. In “Jurassic Park,” Lexi, the young girl who almost gets her feet bitten off by a raptor, proudly calls herself a hacker.

“Hacker” means asshole, kid.

And I was rooting for the raptor.

2. Marley was dead. One of these days I will have to do an overview of the links to your left. They are there for their value in stimulating ethical thought and discussion, not because some asked for a link exchange. Under the “Inspiration” category—you have to scroll down to see it—is “A Christmas Carol” by Charles Dickens, arguably the best and most accessible ethics story ever written. I have directed four staged readings of the classic and three “radio” versions through the years, and I don’t know a better way to get into the proper frame of mind—an ethical one– for the holiday season.

Last night I watched actor Paul Morella perform his one man “Christmas Carol” at the Olney Theater in Maryland. Paul is a long-time friend and collaborator: he has been playing Clarence Darrow in a one-man show we created together for 17 years, and we launched a continuing legal education seminar about Darrow’s legal ethics at the D.C. Bar this year. If you live in the D.C. Metropolitan area, I can not recommend the Olney show to you more enthusiastically. As Paul points out in his notes, this is how Charles Dickens himself presented the story in front of Victorian audiences, and he did not have the benefit of the evocative sound and light effects Paul employs. Charles was also not in Paul’s league as actor, I bet.

3. One down, 102, 568 to go… Brian Ross went live on ABC last week and announced  the fake news story that then-candidate Donald Trump had instructed Michael Flynn to make contact with the Russians, thus triggering a massive stock market sell-off. Seven hours later, ABC sheepishly admitted that it was President-elect”Trump who had made the request of Flynn.  ABC News  announced last night that  Ross would be suspended for four weeks without pay. Said the Disney-owned network:

“It is vital we get the story right and retain the trust we have built with our audience – these are our core principles. We fell far short of that yesterday. Effective immediately, Brian Ross will be suspended for four weeks without pay.”

Observations:

  • Good.

It would be very good if this became the routine response when a mainstream media reporter misinformed the public through bias, negligence or incompetence.

  • Raise your hand if you think that this action only occurred because the Dow Jones crashed.

My hand is up.

  • “Retain the trust we have built with our audience…” What trust? Anyone who trusts the news media after the past two years, not to mention the past ten, is foolish, gullible, or a Democrat.

4. A pause for levity since I am so upset…Here is the Celebrity Perv Apology Generator.  This “guide for new celebrities” is also mordantly amusing, on the same topic. Continue reading →

Morning Ethics Warm-Up, 12/1/17: Moochie’s Back, And Despicable As Ever! Democratic Race-Baiting Never Went Away! And A Jury Shows Why Kate Steinle’s Shooter Keeps Coming Back To San Francisco…

/ Jack Marshall / 73 Comments

Good Morning!

(Although it was reportedly a rough morning for the former Eleanor Coulouris 67 years ago_)

Or so I was told.

1. It’s NOT okay to be white? CNN Commentator Angela Rye, formerly executive director of the Congressional  Black Caucus, told CNN audiences that “white, liberal women” were the cause of the pressure on iconic Michigan Representative John Conyers to resign from Congress. House Minority Leader Nancy Pelosi would have never called for Conyers to resign if it weren’t  the other “white, liberal women” pressuring her to do so.  Rye, who earlier in the week said that a racist double standards was causing Conyers to be pressured to resign while white Democratic Senator Al Franken was not, said,

“I think Nancy Pelosi made a commitment to the members of the Congressional Black Caucus that she would not call for Conyers resignation before due process was allowed to take place. Now she’s being faced with the pressure of white, liberal women for the most part who have told her she needs to say something different.”

Rye echoes the reported sentiment of Congressional Black Caucus member Rep. James Clyburn, who noted that all of Conyers’ accusers were white. Doubtlessly agreeing with her is Mrs, Conyers, who told reporters staking out Conyers’ home yesterday to “Go and stalk white people’s houses.”

Observations:

  • Race-baiting and using racism as an excuse for any criticism of black politicians is still the reflex response of far too many Democrats, in part because they face no consequences for doing so, and because any whites who object are tarred as white supremacists.
  • Until the news media and  progressives have the integrity to treat this tactic for what it is, and as exactly as intolerable as white racism, the nation will continue to split hard along racial lines. I guess that’s what the Left wants.
  • How can CNN justify continuing to employ a “contributor” like Rye—it has some others, too—who is a stone-cold racist?
  • How can anyone who abhors racism in all its forms continue to patronize an intentionally racial division-promoting news source that does employ someone like Rye?
  • Here, for people like Rye—you know, stupid people—are some reasons Al Franken’s situation is distinguishable from that of  Conyers: he is thirty years younger and shouldn’t have retired about a decade ago anyway; he, unlike Conyers, hasn’t flatly denied all of the allegations against him as they keep on coming; a Senator resigning is a bigger deal than a Representative resigning; and Nancy Pelosi doesn’t oversee Senate Democrats.

Also there are no reports of Franken habitually meeting with female staffers without his pants on. It’s small thing—well, not that small—but still…

2. No, really, it isn’t OK...In related news,Texas State University student journalist Rudy Martinez wrote an article entitled “Your DNA Is An Abomination”—referring to white DNA, of course—for The University Star,  the University of Texas student publication. The piece also advocated the death of whites, which is unpleasantly close to calling for them to  be killed. If you think I’m going to point out that any student who wrote this about blacks in a student newspaper would be quickly disciplined, while the newspaper editor responsible for publishing such vile material was hounded of campus, you’re right. If the University of Texas administrators had any integrity, common sense or guts, it would, this is what would happen. At least the president of Texas State, Denise M. Trauth, said that “The column’s central theme was abhorrent and is contrary to the core values of inclusion and unity that our Bobcat students, faculty, and staff hold dear.” That’s nice. Why is Texas State graduating racists? From the column:

“Ontologically speaking, white death will mean liberation for all. Accept this death as the first step toward defining yourself as something other than the oppressor. Until then, remember this: I hate you because you shouldn’t exist. You are both the dominant apparatus on the planet and the void in which all other cultures, upon meeting you, die.”

Denise Cervantes, The University Star’s editor-in-chief, pulled the column and apologized, saying “We acknowledge that the column could have been clearer in its message and that it has caused hurt within our campus community. We apologize and hope that we can move forward to a place of productive dialogue on ways to bring our community together.”

Oh, I think it was very clear in its message. Continue reading →

Paul Krugman, The Anti-Haidt

/ Jack Marshall / 24 Comments

I don’t bother with New York Times op-ed columnist Paul Krugman here, for the most part. He constantly discredits himself by intentionally misleading his gullible readers, hiding the ball, engaging in deceit as an advocacy tool, over-stating and hyping and generally bolstering his progressive opinions with a nauseating combination of intellectual dishonesty, hypocrisy and condescension. I have no patience with such columnists, or any publication that inflicts them on its readers.

A parallel in the sportswriting field is the much lionized Thomas Boswell, a Pulitzer Prize-winning columnist who writes for the Washington Post. Boswell has written several books, and is regarded by many as a deep thinker about baseball. (My wife and I once were friends with a couple that socialized with the Boswells, and invited us to join the four of them for an evening. I told them that I could not stomach being in the same room with the guy.)  Many years ago, Boswell was writing about the individual talents of the Boston Red Sox, a topic I know at least as much about as he does. In assessing then-Sox catcher Jason Varitek, Boswell noted that “Tek” led the league in passed balls, leaving the impression that this demonstrated a serious flaw in his catching abilities. But I knew, and more importantly Boswell knew, that the Red Sox  had a regular rotation starting pitcher, Tim Wakefield, who was a knuckleballer, and was the only starting pitcher in the league who threw that confounding pitch.  If a catcher regularly catches a knuckleball pitcher, he leads the league in passed balls, usually by a large margin. Always. It has nothing to do with how good a catcher he is, and Varitek was a very good catcher. Yet Boswell deliberately cited the statistic without explaining to his readers what it meant in Vartitek’s case. He did this because he was trying to argue that Boston had defensive problems. This is unethical advocacy, and unethical journalism.

After that, I only read Boswell’s columns to document his dishonesty. I was never disappointed. He’s a cheat, relying on the ignorance of his audience to deceive them.

Paul Krugman is like that. After I posted the quote from Jonathan Haidt’s speech in which the professor perfectly described the ideology-driven betrayal of the culture and our democracy by institutions of higher education, I recalled a recent Krugman piece in the Times that I had instantly dismissed as classic deceit. One passage was literally the anti-matter version of Haidt’s hard truth regarding the rot in our colleges, a deliberate lie that denied the existence of the problem in order to further Krugman’s perpetual attack on Republicans and conservatives.

Behold: Continue reading →

Ethics Quote Of The Month: Professor Jonathan Haidt

/ Jack Marshall / 29 Comments

This is longer than the typical featured ethics quote. It comes from NYU Professor of Social Psychology Jonathan Haidt’s 2017 Wriston Lecture to the Manhattan Institute on Nov. 15 , excerpted by the Wall Street Journal.

Today’s identity politics . . . teaches the exact opposite of what we think a liberal arts education should be. When I was at Yale in the 1980s, I was given so many tools for understanding the world. By the time I graduated, I could think about things as a utilitarian or as a Kantian, as a Freudian or a behaviorist, as a computer scientist or as a humanist. I was given many lenses to apply to any given question or problem.

But what do we do now? Many students are given just one lens–power. Here’s your lens, kid. Look at everything through this lens. Everything is about power. Every situation is analyzed in terms of the bad people acting to preserve their power and privilege over the good people. This is not an education. This is induction into a cult. It’s a fundamentalist religion. It’s a paranoid worldview that separates people from each other and sends them down the road to alienation, anxiety and intellectual impotence. . . . Continue reading →