Now THIS Is As Close To Genuinely Frivolous Lawsuit As You Are Likely To See…And Naturally, It Is An Attack On The President

Publicity stunt? Whatever would make you think this lawsuit is a publicity stunt???

As we have discussed here before, though we often complain of frivolous lawsuits,  even the worst law suits seldom meet the technical standard of what is “frivolous.”

The D.C. bar’s ethics rules state that…

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law.

This provides what I sometimes call “stupid lawyer” protection, on the theory that a stupid lawyer may have a sincere belief that an absurd action has a chance of prevailing, thus avoiding the rule’s rock bottom standard for “frivolous.” The recently filed lawsuit in Washington, D.C. against President Trump and the local Trump hotel, however, may be that rarest of legal birds, the truly frivolous lawsuit.

The married couple that owns  the Cork Wine Bar in Washington claim that the Trump International Hotel and the  restaurants similarly located in the Old Post Office building have an illegal advantage over other nearby establishments, like theirs, because of the association with the President.  Essentially the law suit claims that it’s all so unfair.

In addition to the res ipsa loquitur factor, which is to say that the lawsuit screams abuse of process to harass the President, we also have these suspicious factors: Continue reading

From The “‘Dear Colleague’ Letter Aftermath” Files: Amherst’s War On Men

Once the Obama Education Department sent out its threatening “Dear Colleague” letter that strongly hinted at dire consequences for universities and colleges that did not tilt their sexual assault disciplinary procedures toward a less stringent standard of guilt, horror stories about male students unjustly presumed guilty of sexual assault or rape have been proliferating. This is the worst one I’ve ever seen.

In February of 2012, a male, Asian-American student (“John Doe”) and “Sandra Jones,” as she is referred to in court documents, went back to Jones’ dorm room after a night of hard drinking.  John blacked out, and couldn’t  recall anything about the evening, a claim Amherst deemed “credible” during his disciplinary hearing. At some point, Sandra performed oral sex on John. Nearly two years later, Sandra  accused John of sexually assaulting her.  In his lawsuit, John Doe alleged that his adviser couldn’t speak for him, that he could only write down questions for his accuser or witnesses ( no cross examination)  and that the hearing panel was made up of administrators trained in “social justice education.” You know: Men bad, women victims.

In the school’s hearing, Jones claimed she texted a friend to come over for help because she had been sexually assaulted. The school never bothered to obtain those text messages—after all, they followed the Hillary Clinton directive that “victims of sexual assault have the right to be believed.”  Here’s what she texted to her girl friend: Continue reading

Now THESE Are Unethical University Administrators…

Harvard_ShieldHarvard University police say that an investigation revealed that former Harvard Law School administrators Meg DeMarco, 33, and Darris Saylors, 32, stole about $110,000  from a university account that exists to  to assist  students with disabilities. 

 

The investigation commenced in November 2013 when a new budget manager at the law school noticed some accounting discrepancies.  DeMarco and Saylors then resigned from their positions at the Dean of Students office. The ensuing inquiry revealed that the two had taken money out of the  fund to  buy dozens of laptops, iPads, iPods and other electronics, which police traced to  DeMarco’s home and Saylors’ apartment, but also to the homes of Saylors’ friends and family in California, Washington and Tennessee.  DeMarco used a mobile card reader to deposit school money directly into her banking account. In addition to the electronics, Saylors used Amazon to buy purses, clothing, jewelry, and even sex toys.

The Law School announced that “As a result of this matter, the Law School implemented additional layers of controls governing the use of its credit accounts and purchasing protocols.”

What a good idea! Continue reading

Orwellian Thought Manipulation As An Ideological Tactic: A Case Study

orwell-quote

Cognitive linguist  George Lakoff, a far left academic (but I repeat myself),  advises his partisan political brethren to build public opposition to the President’s regulation reform efforts by changing the word that we use to describe regulations:

President Trump has said that he intends to get rid of 75% of government regulations. What is a “regulation”?

The term “regulation” is framed from the viewpoint of corporations and other businesses. From their viewpoint, “regulations” are limitations on their freedom to do whatever they want no matter who it harms. But from the public’s viewpoint, a regulation is a protection against harm done by unscrupulous corporations seeking to maximize profit at the cost of harm to the public.

Imagine our minority President saying out loud that he intends to get rid of 75% of public protections. Imagine the press reporting that. Imagine the NY Times, or even the USA Today headline: Trump to Eliminate 75% of Public Protections. Imagine the media listing, day after day, the protections to be eliminated and the harms to be faced by the public.

Lakoff’s tactic is remarkable in its transparency. Increasingly, the Left has relied on misleading the public by injecting euphemisms and what I call “cover phrases” into policy debates and news reports to obscure the undesirable aspects of a favored measure, including its unethical nature, such as restricting  individual rights. Thus abortion, which involves trade-offs between two human lives and sets of rights, is referred to as “choice,” eliminating the life-taking aspect of the problem from the discussion entirely. Thanks to the efforts of Democrats with the cooperation of the communications media, race-based admission to educational institutions and hiring that may discriminate against whites and Asian-Americans are covered by the benign-sounding term, “affirmative action.” The most brazen of these linguistic cheats is the widespread practice of referring to illegal immigrants as immigrants, thus allowing advocates of unrestrained lawbreaking by uninvited aliens to tar good faith opponents  of open border and amnesty policies as xenophobes and racists.

Lakoff continues his cynical instruction  for aspiring Big Brothers: Continue reading

The “Transitioning” Female Wrestler: A Failure Of Ethics And Common Sense

The girls wrestling champion, Matt Beggs.

The girls wrestling champion, Mack Beggs.

Mack Beggs is a competitive wrestler at Euless Trinity High School, and also is a biological female more than a year into the process of “transitioning” to male.  Beggs just won his third consecutive girls’ wrestling tournament victory in the 110-pound weight class. I’ll call him “he” because that is what the student wants to be called, and he, in great part due to the male steroid treatment he has been undergoing,  is now 55-0 on the season. All of his opponents have been high school girls who are not taking steroids, and unlike Mack, do not intend to become, for all intents and purposes, male.

While Beggs says he wants to wrestle in the boy’s competitions,  the University Interscholastic League rules use an athlete’s birth certificate to determine gender, a measure that makes sense in most cases, just not this one. (See: The Ethics Incompleteness Principle) The rules prohibit girls from wrestling in the boys division and vice versa, and rules are rules. If you are a rigid, non-ethically astute bureaucrat, you follow rules even when you know that they will lead to unjust, absurd results, like Mack’s 55-0 record in matches.

The  rules also say that taking performance enhancing drugs like the testosterone that has given Beggs greater muscle mass and strength than his female competitors is forbidden, but  UIL provides an exception for drugs prescribed by a doctor for a valid medical purpose. After a review of Beggs’ medical records, the body granted him permission to compete while  taking male steroids—compete as a girl, that is.  Rules are rules!

One athletic director, after watching Beggs crush a weaker female competitor who left the ring in tears,  asked for his name not to be used as he commented to reporters, and opined that “there is cause for concern because of the testosterone,” and added, “I think there is a benefit.”

Really going out on a limb there, sport, aren’t you?

Here, let me help.

This is an unfair, foolish, completely avoidable fiasco brought about by every party involved not merely failing to follow ethical principles and common sense, but refusing to. Continue reading

I Forgot George Washington’s Birthday! In Penance…

portrait_of_george_washington

If there is any American whose birthday none of us should fail to note and celebrate, it is George Washington. In my case, he is in good company, since I have had difficulty my whole life remembering birthdays of close family members and friends, with the exception of my son’s, once the Boston Red Sox finally won their first World Series in 86 years on the same date, and my own, which I have been trying to forget ever since finding my dad dead in his chair on that date eight years ago. Nonetheless, my failure to salute the first and indispensable President is especially disgraceful for an ethics blog, and I apologize both to George and to all of you.

Time flies: I hadn’t issued a post specifically devoted to George’s remarkable character since 2011. (Something has gone seriously wrong when one has 287 posts on Donald Trump and only six about Washington.) In penance, allow me to atone with my favorite entry’s on the list of ethical habits some historians believe made him the remarkably trustworthy and ethical man he was, ultimately leading his fellow Founders to choose him, and not one the many  more brilliant, learned and accomplished among them, to take on the crucial challenge of creating the American Presidency.

Directed to do so by his father, young Washington had copied out by hand and committed to memory a list called “110 Rules of Civility & Decent Behavior in Company and Conversation”  It was  based on a document  composed by French Jesuits in 1595; neither the author nor the English translator and adapter are known today. The elder Washington was following the teachings of Aristotle, who held that principles and values began as being externally imposed by authority (morals) and eventually became internalized as character.

The theory certainly worked with George Washington. Those ethics alarms installed by his father stayed in working order throughout his life. It was said that Washington was known to quote the rules when appropriate, and never forgot them. They did not teach him to be a gifted leader, but they helped to make him a trustworthy one.

The list has been available at a link here (under Rule Book, to your left), almost from the beginning of Ethics Alarms. Would that readers would access it more often. Here are my 20 favorite highlights from the list that helped make George George, and also helped George make America America: Continue reading

From The Ethics Alarms “What You Say Or Think In Private Is None Of Your Employer’s Business, Until It Isn’t Private Any More” Files: The Teachers’ Bar Game

teachers-at-a-bar

Akin to the Naked Teacher Principle is what this fiasco illustrates. If you allow conversations to make their way to the web and they insult or denigrate individuals who have to trust you or work with you in your employment, you cannot complain when your name is mud and your job is toast.

Some teachers and and staff employed by the Bangor Public Schools were relaxing at a local bar, and started playing a game  called “Fuck, Marry, or Kill.” The game challenges the players to name three celebrities they would marry, have intimate relations with or kill, but the educators decided to substitute students and other teachers for the celebrities.Some the students named as desired murder victims or sex partners were special needs students. What fun!

No ethics alarms sounded. Someone made a video, nobody grabbed the phone and stomped on , and the video ended up on YouTube.

Parents were not pleased. Continue reading

The Sudden Fall Of Milo Yiannopoulos: An Ethics Cautionary Tale

milo-y

Wow.

Frank Sinatra would have recognized this tale…

That’s life (that’s life) that’s what people say
You’re riding high in April
Shot down in May

But will Milo Yiannopoulos, the deliberately offensive Breitbart editor,  alt-right cheer-leader, misogynist and professional  troll be able to emulate Ol’ Blue Eyes and be back on top, back on top in June?

Uh, no.

Good.

In case you missed it, Milo had this very month soared higher than any vile, bigoted, uncivil loudmouth without any talent other than being vile, bigoted, and uncivil—are those really talents?—had soared before. Thanks to the fact that his threatened presence as an invited campus speaker had exposed the deep, anti-speech, totalitarian strain in U.S. higher education, and that the currently super-charged Leftist hypocrites who were already playing Brown shirts in response to the Presidential election smoothly transitioned to rioting at Berkeley because of the alleged threat posed by this silly, self-important jerk, Milo had become a genuine celebrity, thus ruining the name of Milo, maybe forever, which had previously evoked…

milo-oshea

…late Irish character actor Milo O’Shea

milo-m

…”Catch 22″ con man Milo Minderbinder (Jon Voight played him in the film), and…

milo-and-otis

…nauseating Japanese puppy and kitten-pal flick “Milo and Otis” (that’s Milo on the right).

But I digress.

Milo’s infamy  had snagged a book deal that would guarantee him millions. He scored a high profile interview on HBO with fellow troll, misogynist and jerk-in-arms Bill Maher, who is as much of an asshole as Milo but never gets shouted down when he appears on college campuses because he aims his vile words at conservative values, icons and figures, and most conservatives believe in free speech. Best of all, CPAC, the Conservative Political Action Conference, debased itself by inviting him to speak, on the theory that the enemy of their enemies is their friend, or something like that.

Milo had hit the celebrity jackpot! Rich! Famous! Influential!

…Shunned. Continue reading

KABOOM! One More Reason I’m Glad I’m Not In College Today, Because I’d Be Out Of College Tomorrow

white-badges

Students at Elizabethtown College this month are capitulating to a push by the Elizabethtown College Democrats, who want white students to wear white pins in the shape of  jigsaw puzzle pieces “to remind them of their white privilege.” The racial branding at the small and private liberal arts college in Pennsylvania is supposed to prompt introspection about racial issues.

And it is President Trump who is being called Hitler….

I am fairly certain that my reaction to this racist belittlement and intimidation would be the same at ages 18 to 21 as it is now at age…well, as it is now. I would vocally refuse to wear the damned things, mock any student who did as  submissive, addled  and  cravenly enabling totalitarianism of the left, and wear this myself to make the obvious analogy as clear as the nose on Jimmy Durante’s face…

 

yellow-badge

Continue reading

Down The Slippery Slope: Yale Embraces Historical Airbrushing

john-c-calhounFrom The New York Times:

After a swelling tide of protests, the president of Yale announced on Saturday that the university would change the name of a residential college commemorating John C. Calhoun, the 19th-century white supremacist statesman from South Carolina. The college will be renamed for Grace Murray Hopper, a trailblazing computer scientist and Navy rear admiral who received a master’s degree and a doctorate from Yale.

The decision was a stark reversal of the university’s decision last spring to maintain the name despite broad opposition. Though the president, Peter Salovey, said that he was still “concerned about erasing history,” he said that “these are exceptional circumstances.”

“I made this decision because I think it is the right thing to do on principle,” Mr. Salovey said on a conference call with reporters. “John C. Calhoun’s principles, his legacy as an ardent supporter of slavery as a positive good, are at odds with this university.”

And there we go!

How cowardly and equivocating  Salovey is! If he’s concerned about erasing history, and he should be as an educator, then he should have the principles and fortitude not to engage in it. But “these are exceptional circumstances,” he says. This is right out of the Rationalizations list: The Revolutionary’s Excuse: “These are not ordinary times” and The Troublesome Luxury: “Ethics is a luxury we can’t afford right now.”  For good measure, he adds a third rationalization, The Ironic Rationalization, or “It’s The Right Thing To Do.”

Of course it’s not the right thing to do. The right thing to do would be to teach the smug protesting young ignoramuses, who only know that Senator Calhoun was a slavery supporter as if that is the reason he is regarded as one of the great Senators in U.S. history (it’s not), any more than Andrew Jackson is defined solely by “The Trail of Tears,” that history is complex, cultures evolve, leadership is hard and even the most accomplished human beings are flawed gaspachos of greatness and sin. That would be the right thing because Yale is allegedly an institute of higher learning. This is the act of an institute of political correctness, intellectual laziness and stereotyping.

There were other rationalizations embedded in Salovey’s betrayal of history and culture, such as..

1A. Ethics Surrender, or “We can’t stop it.”

Sure you can, if you have any integrity and care about your obligation to educate rather than capitulate.

13. The Saint’s Excuse: “It’s for a good cause”

And what cause would that be, sir? Your sophomoric students are demanding that important historical figures be airbrushed out of existence like Soviet Politburo figures out of favor, and Yale’s cause is supposed to be teaching  young minds to be more tolerant of the complexities of the real world. Now Yale’s cause is “Find the path of least resistance, and maybe they’ll calm down!”

15. The Futility Illusion:  “If I don’t do it, somebody else will.”

This is only true if Yale is unable to articulate why it is important not to banish historical figures from the nation’s past as soon as activists get wind of a weakness they can exploit to bring themselves power. Continue reading