The American Bar Association Adopts Yoo’s Rationalization or “It Isn’t What It Is”

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To be fair, “It isn’t what it is” is an argument lawyers are trained to make, but this is especially glaring.

The Florida Supreme Court recently voted to prohibit the approval of continuing legal education credits for any CLE program with diversity “quotas.” This was a broadside at the ABA, which in 2017 approved a Diversity & Inclusion CLE Policy that requires all its sponsored or co-sponsored CLE programs with three or more panelists, including the moderator, to have at least one member of a a “diverse group.” Programs with five to eight panelists must have at least two diverse members and programs with nine or more panelists must have at least three diverse members. This will supposedly help accomplish the ABA’s Goal III , which aims to eliminate bias and enhance diversity in the profession.

There is a disconnect here, since the only purpose of continuing legal education is to do as good a job as possible keeping lawyers abreast of the law and developments in their profession. Does the skin color, gender, ethnicity or other characteristics of the CLE instructors and trainers advance that purpose in any way? I don’t see how, and neither did the court, which wrote in part,

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“Is We Getting Dummer” Or Is The News Media Deliberately Trying To Make Us Dumb?

Ethics Alarms has occasionally referenced the Arthur Herzog novel “IQ 83,” in which mutant DNA infests the U.S. population and lowers its average intelligence disastrously. “Is We Getting Dummer?” a typo-riddled New York Times front page asks. In the novel, the news media is one of the victims of the virus; today, it appears to be spreading the equivalent, and perhaps doing so intentionally.

Less than two weeks ago, we discussed a jaw-dropping (technically “head-exploding”) op-ed in the New York Times that criticized President Biden for giving poor Vice-President Harris assignments that were too darn hard for her, thus undermining her chances at being President, which was much to be desired. “[Biden] had to know that in choosing her as his vice president, he was making her his heir apparent. But based on how things look now, her work as his No. 2 could end up being baggage more than a boon. Mr. Biden and his team aren’t giving her chances to get some wins and more experience on her ledger. Rather, it’s the hardest of the hard stuff,” the Fordham political science professor wrote.

I thought this was about as incompetent an argument as I had ever seen published in a supposedly trustworthy publication, and even sinister in that too many readers lack the intellectual wherewithal to recognize its non-logic for the dog’s breakfast that it is. Prof Greer obviously thinks that Kamala Harris is qualified to be President, though why she does remains vague. But imagine an op-ed that takes the position that Harris is being unfairly “sabotaged” in her Presidential aspirations while simultaneously making it clear that she is obviously unqualified (which, of course, she is.)

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An Analysis Of How The Government, The Resistance And The News Media Forfeited The Trust of The American People

Image: Pro-Trump Protesters Gather At State Capitols Across The Nation On Day Of Electoral College Ratification

I wish it were my analysis, although every component of it (I think) has been covered here in the past, most of them several times.

One of those elements is the complete betrayal of the American public and our democracy by the news media. President Trump was excoriated and condemned for his pronouncement of the mainstream media as the”enemy of the people,” typical meat-axe rhetoric for him in an area that calls for more nuance and restraint by a President, but he was generally right, and Ethics Alarms declared him so. Similarly, he decried the weaponization of “fake news,” an accusation which was undeniable, yet people of good will and intelligence (well, they were once anyway) denied it, no matter how many instances occurred before or afterwards.

Last week a Rasmussen poll—it’s a conservative outfit: the other pollsters wouldn’t dare ask the questions—reported that 58% of likely voters agree with the “enemy of the people” assessment. It’s amazing and disturbing that the figure isn’t much higher. Who are the 23% who told Rasmussen they “strongly disagreed” with that description? What are they? Idiots? Saboteurs? Relatives of journalists? Or just progressives covering for their allies in a hostile takeover of the culture and nation?

But as I said, this was just one element. The tweeted epic by “Martymade,” apparently a podcaster whose real name is Daryl Cooper, covers far more than that. He wrote this in a series of 36 tweets on July 8, making it essentially unreadable by people like me (especially people like me who have quit Twitter), but managed to “go viral” nonetheless. Tucker Carlson read it all on Fox, but of course it’s not Fox News viewers who need to consider the analysis, but everyone else.

Here is the whole thing, made possible by an innovative new app called Threadreader. It is long, but it needs to be long. It is also clear, and true; I cleaned it up a little for readers here:

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Dress Code Ethics (Again) From The “Oh, Come ON!” Files: The Immodest Fitness Model

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Two days ago, American Airlines denied boarding for Deniz Saypinar, a Turkish-born fitness model traveling from Dallas-Fort Worth to Miami because, the carrier explained to her, its conditions of carriage require all customers to dress “appropriately,” and her outfit wasn’t appropriate.

Ya think? That photo above shows how she presented herself at the gate.

“The customer was advised of our policy and was rebooked on a subsequent flight. The customer has since arrived in Miami,” the airline’s rep said.

Deniz is in great shape; I wonder why, if she was going to grandstand like this, she didn’t just wear a g-string and pasties and go all the way with it. I do not believe for a second that she expected to be allowed on the plane dressed like that. She wanted to set off a controversy and win herself Andy Warhol’s 15 minutes of fame, while giving feminists something to shout about.

“You will never believe what happened to me at Texas Airport,” first non-American citizen to win the US National Bikini Fitness Competition in 2021 wailed to her 1 million followers on Instagram as she posted her attire.

Oh yes I will!

“I am an athlete, and now I have to wait here until the morning,” she wrote. “I like to wear feminine clothes that reveal my femininity, but I never dress in a way that will offend anyone. I’m mature and civilized enough to know what I can and cannot wear. I don’t deserve to be treated like the worst person in the world for wearing denim shorts What separates us from animals if humans can’t control even their most primitive impulses? I feel insulted. They wouldn’t let me on the plane because I wore these shorts in the United States.”

Uh, I wouldn’t call that an exactly fair description of what happened. She wasn’t treated “like the worst person in the world,” although she should have been treated as a narcissist and ruthless self-promoter who deliberately wasted the time of airline staff and caused a pointless controversy just to get her name and figure publicized. And she wasn’t rejected as a passenger for “wearing denim shorts.”

” What separates us from animals if humans can’t control even their most primitive impulses? ” has to win an irony award: it is the model who can’t control her primitive impulse to display herself in places where such displays are rude and disruptive. Decorum and manners in public also separate us from animals. Wearing reasonably modest clothing in public is basic civility, showing respect for others.

What do you want to bet that she wears that kind of outfit and then, when some little fat guy stares at her, gets indignant?

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A “Bias Makes Professionals Stupid And Unprofessional” Update

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Perhaps the saddest aspect of the 2016 Post Election Ethics Train Wreck and the resulting mass effort to bring down Donald Trump was the corruption of virtually all of our society’s professions, and the vast majority of their members. Educators, psychiatrists, teachers, judges— journalists, of course, though they were already pretty far gone; broadcasters, of course. Entertainment professionals and performers, heaven knows (That’s the Dixie Chicks and their clever and subtle political commentary above.) In addition to theater professionals, two more of my professions have disgraced themselves: lawyers and ethicists. The listserv of a legal ethics organization I belong to was virtually cackling with joy over Rudy Giuliani’s partisan and dangerous interim suspension in New York, while the same group has been notably unenthusiastic about criticizing out-of court hyperbole by anti-Trump lawyers like the recently sentenced Michael Avenatti. (I may have missed some more balanced attention because I dropped out of the group for about 18 months in disgust over its bias.) Here is a tweet by a conservative attorney that was just offered to the group for comment on whether it raised issues of professional misconduct:

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Dispatch From The Great Stupid, Judicial Division

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Let me preface this absurd episode by saying that it makes no sense whatsoever, not ethically, not logically, and certainly not legally.

Craig Doran, the chief judge of the region that includes Rochester, New York, has resigned from his administrative judicial duties because an old photograph turned up from 1988 when he was a second-year law student. It was, yes, from a Halloween party, and showed him costumed as a “well-known public figure of color.” We aren’t even told who in any of the media reports. In case your calculator isn’t handy, that was 33 years ago.

Since his graduation from law school, Doran has had a stellar career. Elected in 1994 to represent New York State’s 129th Assembly District in the State Legislature, he was appointed Supervising Judge of Family Courts in the Seventh Judicial District in 2006. . In 2011, he was appointed Administrative Judge of the Seventh Judicial District, making him the chief supervisor of all Courts in an eight-county region. He has also been the Presiding Judge of Drug Treatment Courts, a member of the NYS Permanent Judicial Commission on Justice for Children, has served as Chair of the Judicial Commission on Interbranch Relations, Co-Chair of the NYS Juvenile Justice Strategic Planning Advisory Committee (advising the Governor on statewide juvenile justice policy), and as a member of the Office of Court Administration Raise the Age (RTA) Task Force. Judge Doran was selected to serve on the Judiciary Task Force on the Constitution, and the Judicial Commission on Parental Representation, and has also been active as a law professor at the University of Rochester and at Keuka College. He serves as an Adjunct Professor at the former, teaching upper level classes in the Legal Studies, and with the latter in the Adult Studies Criminal Justice Bachelor and Master’s Degree Programs, and also as an Instructor Expert for the Center for Professional Studies and International Programs at Keuka.

Never mind: what’s really important is what he wore as his costume at a law student Halloween Party.

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Just A Reminder: This Kind Of Stuff Is Why The Gateway Pundit Is Banned On Ethics Alarms

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I was going to put this as #5 on the “clarification” themed warm-up today, but it deserves special attention. The conservative blog’s clickbait headline is “Identity of Ashli Babbitt Killer Confirmed — Careless Capitol Police Lieutenant Is Being Protected by Democrats, Pelosi and Deep State FBI.” It’s a lie, through and through. Nothing is confirmed at all.

We get speculation on Tucker Carlson’s show [which I also will not rely upon here] from mid-June that the Babbitt family lawyer “believes” the shooter of the unarmed Capitol rioter was Lt. Mike Byrd, who earlier had been disciplined for leaving his loaded weapon in a restroom. [And Johnny Cochran believed O.J. was innocent.] Then the blog produces a transcript that indicates that Byrd was indeed the officer who left his gun. We see a transcript of testimony on the shooting in which the name of the officer involved is not mentioned. Then, today, the blog breathlessly announced that “Capitol Hill Sergeant At Arms Timothy Blodgett accidentally CONFIRMED during testimony that Lieutenant Mike Byrd killed Ashli Babbitt. He named Byrd during his testimony.” No, he didn’t. He said, “We’re in close contact. The situation where you discussed where officer Byrd was at the door when Miss Babbitt was shot. It was our sergeant at arms employee who rendered the aid to her.” That “confirms” that Blodgett believes that Byrd was at the door when Babbitt was shot. Until someone on the record says, “I saw Officer Byrd shoot her,” or “Mike Byrd told me it was he who shot Babbitt,” there is no confirmation.

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And The July 5 Comment Of The Day Trifecta Concludes With Arthur In Maine’s Delicious Analysis of “Your 4th Of July Ethics Quiz: Food Racism?”

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Finally, in the last of today’s opening trio of outstanding and varied Comments of the Day, Arthur in Maine, whom I did not know until this comment was a former chef, whips up a filling and pleasurable examination of of the issues raised in “Your 4th Of July Ethics Quiz: Food Racism?”...

There’s no longer any doubt in my mind: people are actively looking for ways to be offended. In the case of BLM, for example, the belief is clearly simple-minded rage at the rank-and-file level, but among those further up the chain it’s obviously about power and the grift. Calibrate your outrage correctly, and one can lead quite a handsome life.

Racism (and its first cousins misogyny and homophobia) is the perfect charge to level to achieve this (lucky souls like Lori Lightfoot can, and do, score the trifecta by claiming all three).

As a recovering professional chef (I haven’t lifted a pan for a paycheck in more than 30 years, and still miss it almost every day) I can tell you that serious pro cooks may be able to wow you with the complexity of their offerings. But the foods most of them prefer to eat generally trace back to poverty foods – those developed in poor cultures, where most people ate what the rich folk wouldn’t.

Most Americans, regardless of when or how their ancestors first showed up, simply don’t understand that in most other parts of the world NOTHING goes to waste. We give our scraps to cats and dogs. But very few other places do that. Thus, it’s little wonder that someone figured out a way to make duck feet in a way that actually tastes good. For the record, I would order those in a heartbeat, with full knowledge, just to try them! But in a place like China centuries ago, wasting protein like that was unthinkable, so you did what you could to make them tasty and that’s what’s for supper.

This doesn’t mean I like everything – not by a long shot. I find tripe revolting, and it’s extremely popular in first-world France. As a true afficionado of sushi, I’ll try anything – and just about the only thing I’ve ever been horribly disappointed in at a great sushi bar was ankimo – which is steamed monkfish liver. [Above] It was described to me as the “foie gras of Japan,” and I can see why. But it was still vile. I like foie gras, but not when it’s overlayed with the aroma of a cod-liver-oil-based ointment my mother used to use on us when we were small.

Some cultures happily eat grubs – no thank you. Others eat various insects; again, I’ll pass, but you’re welcome to my helping. The fact is that every culture has its culinary oddities and we’ve all got different tastes. This doesn’t mean our distaste for something is racist. It merely means that it’s so far outside of our culinary comfort zones that we just can’t get our heads around the idea. Many cultures find the American fondness for huge slabs of meat served up with starch baffling, for a variety of reasons.

This, by the way, extends beyond ingredients. There are those only too happy to make accusations of “cultural appropriation” when it comes to food. It is not. When I cook Chinese or Thai or Indian or Mexican food, I do so as a student, not as an appropriator. I do it because I’ve had the good fortune to taste these wonderful cuisines done properly. I want to understand how they’re done, partly because cooking professionally makes you fascinated by differing techniques and ingredients, and partly because I love to eat them and access to these foods locally, prepared by those from that region, is sharply limited. In the case of Chinese, especially, Chinese-American food has been so heavily adapted to North American tastes that it bears little resemblance to the real thing – and almost all of the adaptation has been done by Chinese cooks and restaurant owners. I really want to try the real thing.

Far as I’m concerned, when I make up a dinner of low-country shrimp and grits, the last thing on my mind is contempt for the poor Blacks for whom this was subsistence food. Rather, I’m thinking “this is absolutely ingenious. They took cheap stuff (grits) and free stuff (shrimp) and whatever else they had lying around and made it transcendent!” For me to cook it is not appropriation – it is the deepest possible respect.

I could make a similar argument with music, but I think you folks get my drift. This is “The Great Stupid” and “A Nation of Assholes,” to use Jack’s terms, colliding head-on to form a Great Nation of Stupid Assholes. We’d better come up with a way to pull out of this dive, and quickly.

Unethical Tweet Of The Month And Ethics Dunce: ACLU National Legal Director And Georgetown Law Prof. David Cole

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David Cole, ACLU National Legal Director and Professor at Georgetown University Law Center, tweeted in response to the SCOTUS ruling striking down California’s law making it mandatory for non-profits to disclose the names of their biggest donors,

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Gee, that’s funny! The ACLU filed an amicus brief supporting the majority’s decision in AMERICANS FOR PROSPERITY FOUNDATION v. BONTA, ATTORNEY GENERAL OF CALIFORNIA.

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Jesus’s Wife: A Depressing Example Of Why American Institutions Are Not Trusted And Don’t Deserve To Be

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Most people younger than me don’t know (or care) that before he was the king of late night TV on “The Tonight Show,” Johnny Carson was the young, engaging host of a pseudo-quiz show called “Who Do You Trust?” I think of that show’s title when, as is increasingly the case, I encounter stories like this one, which is described in excruciating detail in a plaintive article in the Chronicle of Hight Education.. The main facts are these:

—A 2014 Harvard Theological Review article by Harvard Divinity School professor Karen L. King purported to have uncovered an ancient papyrus fragment in which Jesus refers to “my wife.” This, coming after the sensational best-selling novel “The Da Vinci Code” by Dan Brown and its subsequent film version starring Tom Hanks, both of which were based on a fanciful conspiracy theory regarding Mary Magdalene’s alleged relationship with Jesus Christ, understandably caused quite a stir in academia, theological circles, and the popular press.

–King’s article was deemed unlikely to the point of absurdity by many scholars from the moment it was published. “Almost everything we know,” one expert wrote, “about the nature of historical evidence points to forgery.”

—King had failed to take basic steps to vet the manuscript, which she’d provocatively named “The Gospel of Jesus’s Wife.” Worse, two of the journal’s three peer reviewers had decided the papyrus was a fake. Only one had not: an acclaimed papyrologist named Roger Bagnall. Bagnall, however, had helped King draft the very paper the journal asked him to review. This is called a conflict of interest, indeed a screaming conflict of interest. Not only had King identified him in the paper as her primary adviser, but Bagnall had been filmed declaring the papyrus’s authenticity for a forthcoming Smithsonian Channel documentary.

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