Ethics Train Wrecks

Morning Ethics Warm-Up, 2/5/2022: Part I, A Special “I Sure Hope You’re Not Watching The Olympics” Edition

/ Jack Marshall / 18 Comments

In 1936, human rights activists unsuccessfully argued for the U.S. to boycott the Berlin Summer Olympics to protest the Nazis’ ongoing persecution of German Jews. However, foreshadowing the “Holocaust? What Holocaust?” stance that preceded the U.S. entry into World War II, FDR gave Adolf the propaganda bonanza he sought, and no, Jesse Owens couldn’t spoil it. Now the Biden Administration is similarly engaged in contrived ignorance regarding China, which is making Hitler’s Olympic Games look like Oktoberfest. All right, there’s a “diplomatic boycott,” but that’s meaningless since spectators are mostly banned anyway. This tweet is apt:

The main reason we are there, as many have pointed out, is to accommodate the giant broadcasting companies and corporate sponsors who view the Games as a money-making opportunity. It’s a dilemma: my refusal to watch a second of the Games prevents me from knowing who to boycott. But then no ethicist, or anyone who cares about ethics, should watch the Olympics wherever they are being held. We know they are corrupt; they no longer celebrate “amateurism,” and U.S. athletes continue to use them to insult their own country, which paid to let them compete.

Nancy Pelosi got the Games off to a rousingly unethical start—wait—can one behave unethically regarding Olympics in China? Isn’t this a case where Bizarro World ethics apply, which hold that in a Bizarro World culture, normal ethics often don’t work, and may be futile? It’s unethical to be ethical in a place like China! That seems to be the Speaker’s position.  the Pelosi said, “‘’”

“I would say to our athletes, ‘You are there to compete.’ Do not risk incurring the anger of the Chinese government, because they are ruthless. I know there is a temptation on the part of some to speak out while they are there. I respect that, but I also worry about what the Chinese government might do.”

If they are so ruthless, why is the United States participating in their Olympic Games? The U.S. Olympic Committee always muzzles, or tries, our athletes, but Pelosi is a high government official telling Americans to shut up because it may make a totalitarian government angry. If I were competing, Pelosi’s statement alone would be enough to make me speak up. We shall see if any of our athletes have the courage to speak up for real human rights abuses when they know the nation they are criticizing, unlike their own, might take serious action against them.

My guess: no.

In response, Joy Behar, the reigning moron on “The View,” stepped up in the absence of Whoopi and reached new idiotic heights, defending Pelosi with this:

“She’s being maternal I think. You know Nancy is momala. You know she’s always like ‘I think about the children. It’s for the children.’ She cares about the kids. That’s her.”

The New York Times clearly has its marching orders.  Right around the time the opening ceremonies were starting in Beijing, the Times published an article highlighting the upside of China’s totalitarian response to the pandemic—yes, it was even tougher than in Michigan. The strict lockdowns and other acts of state coercion  have been a major success, the article told readers. (Not like the wimpy, mildly Constitution abusing measures those conservatives are whining about!) China’s strategy, it says, shows what a society can do when it makes the prevention of “Covid” its “No. 1 priority.”

Really? And how would the Times know that? The Times knows dictatorship is successful with viruses because China says it has one of the lowest pandemic death rates in the entire world, though the story notes that the Chinese data “can be suspect.” Ya think??? Never mind: China has “almost certainly” done better than the democracies, even if the official numbers are “artificially low.” No kidding: China has reported 3 deaths per million from COVID, compared with almost 2,700 in the United States. Do you believe that? Does anyone? The Times doesn’t believe it, and still is publishing this bootlicking junk. Continue reading →

Ethical Quote Of The Week: Faculty Letter To GULC Dean Treanor In Support Of Illya Shapiro [CORRECTED]

/ Jack Marshall / 8 Comments

So far, 106 professors from all points on the ideological spectrum have signed a letter to Georgetown Law Center’s Dean Treanor, telling him what should not have to be explained to a Top 20 law school dean: that “academic freedom protects [Illya] Shapiro’s views, regardless of whether we agree with them or not. And debate about the President’s nomination, and about whether race and sex play a proper role in such nominations more generally, would be impoverished—at Georgetown and elsewhere—if this view could not be safely expressed in universities.”

Shapiro, as discussed here, has been suspended (“put on leave pending an investigation”) by Treanor, and if past behavior by Georgetown Law Center is any indication, he is likely to be fired, forced to resign, or to have to humiliate himself by submitting to “sensitivity training” after a public confession of WrongThink.

Here is the letter, which appears to have been coordinated by the Foundation For Individual Rights in Education. Those seeking to add their names to the signatories can email facultyoutreach@thefire.org.

Disgracefully, no member of the GULC faculty has signed the letter to support their colleague—and the principles of freedom of expression and academic freedom at their own institution—as of this writing. Continue reading →

It Reveals The Dire State Of U.S. Higher Education Culture That Dean William M. Treanor Of Georgetown University Law Center Isn’t The Most Unethical Law School Administrator Of The Past Year (It’s Close, Though…)

/ Jack Marshall / 11 Comments

That distinction still has to go to Yale Law School Director of Diversity, Equity & Inclusion Yaseen Eldik and Associate Dean of Student Affairs Ellen Cosgrove, who persecuted, and and threatened a student in this infamous episode last Fall. Their victim is a student, which gives them an edge over Dean Treanor whose target is Ilya Shapiro, GULC’s newly hired director of the Robert A. Levy Center for Constitutional Studies and vice-president of the Cato Institute.

Just two days ago, I described Shapiro’s foray into the debate over President Biden’s looming Supreme Court nomination, which will have to be a black woman because race and gender are more important to the Far Left than qualifications, ability and experience in the branch of the government that protects the Constitution, but mostly because Joe promised he would while in Full Pander Mode as he fought for his party’s nomination to oppose President Trump in 2020. Shapiro issued a series of tweets that were crystal clear to anyone reading them rationally and honestly, making his case that Biden should be nominating Justice Breyer’s replacement on the basis of qualifications, ability and experience. A careless choice of words, however—this was Twitter, after all—gave race-baiters and progressive censors an opportunity to pounce, and they did.

Shapiro was accused of being a racist (of course); the law schools black student association demanded he be fired (also of course); and GULC’s ostentatiously woke Dean capitulated to the anti-free speech and anti-academic freedom mob, announcing yesterday to me and other “alumni/ae”, as the marvelous Dean I worked for, the late David McCarthy always called them…

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The Biden Supreme Court Pick Ethics Train Wreck

/ Jack Marshall / 9 Comments

Wow, that was fast. This episode has turned into an ethics train wreck with record speed. Some ethics train wrecks slow down and stop after a few months; other roll on seemingly forever. The Trayvon Martin-George Zimmerman Ethics Train Wreck, which has included directly-related wrecks like the Ferguson Ethics Train Wreck and the George Floyd Ethics Train Wreck, is almost nine years old, and won’t stop until Black Lives Matter lies a-moldering in the grave. The 2016 Presidential Election Ethics Train Wreck is still going strong, with the Jan. 6 riot and the subsequent kangaroo court investigation in the House the latest cars to be hooked up. The Biden Supreme Court Ethics Train Wreck? At this point, where it stops, nobody knows.

It began before it was even certain Biden would get a SCOTUS nomination, when he first promised to name a black woman to the Court. That promise, which he quickly confirmed once Justice Breyer announced his retirement, was unethical “on its face,” as the Court might say. The statement means, and can only mean, that group identification is the primary priority for the President of the United Sates in nominating a crucial individual who will help determine the course of the nation’s laws, justice system, constitutional integrity and culture for decades to come. That function has nothing whatsoever to do with race or gender. Nothing. Being black, white, Native American or Asian does not make an individual more or less qualified for the job, and neither does gender. Biden’s statement literally means that he is placing tribalism and group identification biases above the substantive needs of the nation. That’s unethical. Other Presidents have done this, notably Ronald Reagan and George H.W. Bush. That’s no mitigation.

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The News About Pope Benedict And The Catholic Church Sexual Abuse Scandal: Not A Quiz, Just A Question…

/ Jack Marshall / 17 Comments

What rationalization will be employed to excuse this?

The German law firm Westpfahl Spilker Wastl has concluded its detailed investigation and report on sexual abuse in Germany’s Munich diocese between 1945-2019. Among its revelations is that the now-retired previous Pope, the former Joseph Ratzinger, was responsible for enabling four cases of sexual abuse by priests in the 1970s and 1980s when he was an archbishop. The report was commissioned by the archdiocese to investigate sexual abuse.  Continue reading →

From An Ethics Perspective, No Change Since 2015: Almost Anyone But Trump As The GOP Nominee In 2024

/ Jack Marshall / 8 Comments

It’s too early, of course; many a Presidential candidate has emerged out of the primordial ooze to evolve from a near unknown to the nominee in three years. In the case of the Republicans (and the Democrats too) such an emergence is greatly to be wished. However, two objectives will remain constant: it is imperative that the lying, Machiavellian, totalitarianism-embracing Democrats be ejected from both branches of the government with sufficient force that they ponder their sins and reform, and that Donald Trump does not return to the Presidency.

Trump himself isn’t dangerous. If fact, in many ways he was an effective President, and his policies were more often reasonable than not; my objections to him as President involve character and style (and they are major objections that his accomplishments cannot counter-balance). However, the Left’s reaction to him is an existential threat. They have convinced themselves that eliminating him is a mission that must be accomplished by any means necessary, and they will continue to work to terrify the weak-minded, inattentive and gullible from now until the 2024 election…and, if necessary, after, no matter what the consequences may be.

They succeeded in convincing millions of Americans that he would destroy the country when he was elected the first time; he didn’t, but their tactics against him nearly did, and might yet. The nation cannot withstand another polarizing election with both sides claiming the other is trying to wreck all that is good about America, and with Trump as the Republican nominee.

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AARGH! The University of Michigan Firing Its President Made Me Think About Bill Clinton Again!

/ Jack Marshall / 2 Comments

Mark S. Schlissel, the president of the University of Michigan, was fired  yesterday after an emergency meeting of the Board of Regents His relationship with a subordinate at the university had been revealed by an anonymous whistleblower who was, ironically, named Linda Tripp. Nononono! I’m sorry: damn flashback again.

The Board easily concluded that Schlissel had violated university policy and behaved “in a manner inconsistent with the dignity and reputation of the university.” His employment was terminated effective immediately, canceling a contract that would have continued paying him his base salary of $927,000 for four more years. The letter to Dr. Schlissel informing him that he was being fired said the complaint had arrived on December 8. “There can be no question that you were acutely aware that any inappropriate conduct or communication between you and a subordinate would cause substantial harm to the dignity and reputation of the University of Michigan,” the letter said.

The month long investigation triggered by the anonymous tip revealed dozens of email exchanges using “inappropriate tone and inappropriate language,” and showed that Dr. Schlissel used official business to carry out the relationship. His conduct was “particularly egregious,” the letter said, because he had taken a public position against sexual harassment, handing out pens to feminists like Bella Abzug after signing into law an anti-sexual harassment…no, I’m sorry, that was Bill Clinton.  Schlissel had only used the occasion of a university provost, Martin Philbert, being accused of sexual misconduct in August 2020 to send a letter to the university intoning that “the highest priority” was to make the university “safe for all.”

Dr. Schlissel, who is married and has four grown children. His wife, in response to the firing, immediately declared his demise to be the result of a vast right wing conspiracy. DANG! There go those flashbacks again!

I vowed a while back not to write any more about Bill Clinton. It was, as a few of you remember, the revolting ethical blindness revealed by Clinton’s defenders during Monica Madness and the even more revolting hypocrisy by passionate feminists who refused to condemn the POTUS’s text-book sexual harassment of a lowly intern (Bill supported abortion, you see, so that gave him immunity) that got me into the ethics blogging trap in the first place.

As an ethicist, I found the rationalizations being thrown out to get Clinton off the hook copious and nauseating, beginning with “Everybody Does It,” Number One, and including the worst of all. #22, “It’s not the worst thing!” Even though Clinton used Monica Lewinsky as his personal inflatable sex doll in his workplace, during work hours, with the knowledge of other subordinates, Democrats and pundits insisted on dismissing this as “private, personal conduct.”

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The YouTube Ethics Dilemma: I Need The Platform, But It’s A Censorious, Partisan Propaganda Machine

/ Jack Marshall / 9 Comments

I don’t miss Twitter much. I quit the social media platform last year, disgusted with its blatant partisan censorship, its censoring of Donald Trump, and the odd way it flagrantly maintained a double standard in which misleading or questionable progressive tweets were opinions, but misleading or questionable conservative tweets were lies, mandating the tweet-monger’s banishment.

I also had been warning lawyers in my ethics seminars to eschew Twitter at all costs, since, I said with my tongue only slightly piercing my cheek, using it lowered the average lawyer’s IQ by between 15 to 25 points. (I estimated this on the evidence of poor former Harvard Law icon Larry Tribe, whose conspiracy theory tweets and ethics rules beaches on the platform raise the rebuttable presumption that he has entered the Biden Zone…not that this obvious decline has stopped the Washington Post and New York Times from publishing his increasingly over-heated and badly-reasoned op-eds.)

I decided that I should take my own advice and leave Twitter. Besides, my involvement with Twitter in the end consisted solely of issuing links to Ethics Alarms posts, which elicited virtually no traffic or retweets at all. (Except for you, Opal!)

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P.M. Ethics Dispatches, 1/11/2022

/ Jack Marshall / 15 Comments

We have to keep baseball ethics alive even if baseball itself is in a state of suspension: the owner and players are, for the first time in decades, arguing about how to divide up their billions, everything from roster size to minimum salaries are on the table, and as of now, the two sides aren’t even talking with the season just a couple of months away. One of the issues to be settled is whether the National League will finally capitulate and adopt the designated hitter rule, which was accepted in the American League on this date in 1973, a day which many traditionalist fans then and now regard as an unforgivable scar on the integrity of the game. Baseball has always been celebrated for its equity and balance: as it was envisioned, every player on the field had to both hit and play defense. The DH, which is a batter who never uses a glove, also allowed the pitcher to be a defense-only specialist, never picking up a bat which, advocates of the new rule argued, was a result much to be wished, since the vast majority of hurlers are only slightly better at hitting the ball than your fat old uncle Curt who played semi-pro ball in his twenties. All these decades years later, the National League and its fans have stubbornly maintained that the DH was a vile, utilitarian gimmick spurred by non-ethical considerations, mainly greed. When the rule was adopted, American League attendance lagged behind the NL, which also was winning most of the All Star games, in part because that league had embraced black stars far more rapidly than “the junior league.” The DH, the theory went, would make games more exciting, with more offense, while eliminating all the .168 batters in the ninth spot in every line-up.

I had a letter published in Sports Illustrated in 1973 explaining why I opposed the DH as a Boston Red Sox fan. Since then, I have grudgingly come to accept the benefits of the rule: it gave the Sox David Ortiz, allowed Carl Yastrzemski to play a few more years, and let American League fans see such all-time greats as Hank Aaron at the plate after they could no longer play the field. It was a breach of the game’s integrity, but it worked.

1. At least that’s fixed. The Supreme Court issued a corrected transcript of the oral arguments in the Biden vaccine mandate case, and it now accurately records Justice Gorsuch as saying he believes the seasonal flu kills “hundreds…thousands of people every year.” The original version wrongly quoted him as saying hundreds of thousands, which allowed those desperately trying to defend the outrageously wrong assertions by Justice Sotomayor regarding the Wuhan virus to point to Gorsuch and claim, “See? Conservatives are just as bad!” Prime among these was the steadily deteriorating Elie Mystal at “The Nation,” who, typically for him, refused to accept the correction. Sotomayor is one of the all-time worst Supreme Court justices, though she will be valuable as a constant reminder of the perils of affirmative action. Her jurisprudence makes the much maligned Clarence Thomas look like Louis Brandeis by comparison. Continue reading →

On Transgender Competitors Being Permitted In Women’s Sports: Is It Possible To Be More Ethically And Logically Muddled Than This?

/ Jack Marshall / 33 Comments

I doubt it. I doubt if anything can be more ethically and logically muddled than the article —actually two articles—about another biological male crushing female competitors in a women’s sports competition. Right at the start, the USA Today piece sets a new absurd bar for “It isn’t what it is” rhetoric. The article begins, “The sentiment is universal: Everyone agrees that Andraya Yearwood should be allowed to compete in her chosen races as a girl.”

Wait: the same article in its headline says that Yearwood’s eligibility is a matter of “controversy.” If there is controversy, then obviously the sentiment isn’t “universal.” Normally, a statement that self-evidently contradictory would make me stop reading because the writer is an idiot, but I read this junk so you won’t have to.

The next sentence is just as bad:

After all, she identifies as a girl, trains alongside fellow females and plans to eventually undergo hormone therapy to complete a transition from her male birth gender to female.

“After all’? None of that is convincing proof that a biological male should be competing against women. Then Cam Smith—that’s the name of the idiot, whom USA Today entrusts with High School sports stories—gets the Triple Crown, or a hat trick, or whatever you call three brain-melting statements in a row: Continue reading →