Open Forum On Zoom Day!

Ugh. I have a Zoom seminar  on legal ethics to give today, which means dry runs, tech checks, and anxiety. I’ve concluded that I detest Zoom programs. You can’t read your audience, and for all I know they are doing crossword puzzles. Managing notes is awkward, graphics don’t look very good, and neither do I.

I  intend to be pantless as my silent protest against the whole fiasco.

Since I have no idea how and when posts will be emanating from 2707 Westminster Place, I’m opening up another Open Forum. As always, keep your commentary on topic (ethics and leadership), civil, witty, and substantive.

Now I’m going to review my notes…

From The Great Stupid: Ethics Dunce Michael Dempster, Brewer, Bigot [Corrected!]

Seattle-based brewer, Michael Dempster owns Mirage Brewery. In June, Mirage launched a brew  called “Choosey Lover.”  Dempster directed that every  can include a stamp that reads “ACAB means all cops.”

ACAB  is a very old anti-police acronym meaning “all cops are bastards.”

Dempster told KIRO 7 TV,

I used the markings because I stand against institutional racism, of which modern policing is a militarized arm…It’s not about individual police officers, it’s about a system. But I think to the casual observer, it seems like an attack on individual police officers, all cops.

Ah! So you’re a bigoted idiot, then! Thanks for the clarification! You say “all cops,” but you don’t mean all cops, though you acknowledge that the “casual observer,” meaning someone who can read and understand English, might think that by “all cops” you mean “all cops,” when you really just mean “the system.”

In short, you’re an idiot. Good to know. Continue reading

Discrimination Against Asian American Students Is Discrimination Against Asian American Students: Why Is This Even Debatable?

The Trump administration has  fingered  Yale as discriminating against Asian-American and white applicants, just as an Asian-American student group had made the same claim in lawsuits against Harvard, the University of North Carolina at Chapel Hill, and a recently filed case against the University of Texas at Austin. A federal judge ruled in Harvard’s favor last year, but i do not believe the decision will stand up on appeal, since it is dishonest and illogical. The Trump Administration is supporting the plaintiffs as it should…as everyone should.

I wrote about the Harvard decision here.  As you would expect, the analysis differs not at all from the ethics verdict regarding Yale’s discrimination, which is similarly indefensible. Also as you might expect, the “it isn’t what it is” rationalization (#64!) is rampant while the usual suspects try to defend it now, when the Black Lives Matter mob is demanding discrimination in favor of African Americans in all things—hiring, promotions, ring, college admissions, arrests, prosecutions, casting, honors, running for Vice-President—as if that is anything but racism, flat-out.

The New York Times–of course–is and will be embarking on a course of trying to obscure the obvious right and wrongs of the situation, as well as engaging in some ethics  jujitsu to make out the Trump Administration and anyone who thinks that no discrimination on the basis of race means no discrimination on the basis of race  as racist villains.  In this article, for example, the Times attempts or enables several dishonest arguments to discredit what should be self-evident, including… Continue reading

Saturday Ethics Warm-Up, 8/15/2020: Of Cancellations, Retractions, Rants, Lies And Signs

Never mind the small talk; let’s get to it.

1. Hmmm…What’s going on here?  New York officials originally decided to cancel  “‘Tribute in Light,” the  twin beams that shine over lower Manhattan as part of the annual  9/11 commemoration. The National September 11 Memorial & Museum, which oversees the installation, said in a statement this week,”This incredibly difficult decision was reached in consultation with our partners after concluding the health risks during the pandemic were far too great for the large crew required to produce the annual ‘Tribute in Light.'”

The announcement caused widespread puzzlement. How large could the necessary crew have to be? Geraldo Rivera opined on Fox News that the decision was political, as Democrats sought to “make everybody miserable” so President Trump could be blamed. That theory was quickly picked up by others, along with complaints from New Yorkers that the popular memorial celebration was cancelled for no good reason.

Then, today, New York officials made a U-turn. “Honoring our 9/11 heroes is a cherished tradition. The twin towers of light signify hope, resiliency, promise and are a visual representation of #NewYorkTough,” Cuomo said. “The virus has taken so much and so many. But now the tribute will continue.”

2. Now THIS is Trump Derangement! When did it become considered acceptable and professional for news anchors and public events show hosts to behave like this?  MSNBC “Morning Joe” co-host Mika Brzezinski went on an extended, fanciful, hateful anti-Trump rant on yesterday’s broadcast. Here’s a transcript of a supercut video featuring the bulk of Mika’s meltdown: Continue reading

Among All The Smoking Guns Showing The Mainstream Media’s Willingness to Lie Outright To Impugn President Trump, This Might Be The Smokingest

Here’s a sequence from yesterday’s news conference:

Watch it, please. Here’s a summary of what transpires:

Step 1.:  A reporter asks the President about his thoughts on the theory floated by a Constitutional law professor in Newsweek that Kamala Harris shouldn’t be considered a ‘natural born citizen” and thus technically isn’t eligible to be Vice-President or President.

Step 2: The President offers no opinion on it whatsoever, and makes it clear he didn’t read the article (who reads Newsweek?). He says 1) he heard about it 2) it is his understanding that the author is a genuine authority 3) he doesn’t know what the guy actually argued (Trump asks the reporter if the problem is that Harris “wasn’t born” in the U.S.)

Step 3.The reporter quickly summarizes the professor’s point.

Step 4. The President says, first, that he has no idea if the professor’s claims are right, and  concludes by saying he “doesn’t know about it” that he “just heard about it” and will “take  a look.”

And Step 5?

CNN headlines, “Trump promotes another birther lie, this time about Kamala Harris”

Reporter wrote,

” President Donald Trump spent years pushing lies about the birthplace and presidential eligibility of President Barack Obama, the first Black president. On Thursday, he started floating a new birther lie about Sen. Kamala Harris, who, if elected, would be the first Black and Asian American vice president. Trump’s incendiary nonsense about Harris was part of a Thursday self-described “news conference” he largely used to campaign against his Democratic election opponents…”

Three reporters wrote this completely false story, and CNN published it!

Let’s count the lies: Continue reading

Is Senator Harris Technically A Natural Born Citizen? At This Point, What Difference Does It Make? [Corrected and Updated]

(That’s the late, great Professor Irwin Corey, a famous walking, double-talking comedy spoof of professors. His theories are approximately as valuable as the topic of this post.)

Chapman University constitutional law professor John Eastman has a controversial essay in  Newsweek analyzing whether Sen. Kamala Harris is eligible to become Vice president (or <cough> President) since her parents may not have been U.S. citizens when she was born.

Eastman’s theory is that the Twelfth Amendment’s language saying “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” combined with Article II of the Constitution’s requirement that  “[n]o person except a natural born citizen…shall be eligible to the office of President” raises legitimate questions about Harris’ eligibility.

Harris’s father and mother were born outside of the United States and neither was a naturalized citizen at the time of Harris’s birth in Oakland, California. (I did not know that! Did you know that Pat Venditte was the first Major League pitcher who regularly throws both right-handed and left-handed? ) If, Eastman, claims, Harris’s parents were not lawful permanent residents at the time of her birth, then she isn’t a natural born citizen.  Along with a minority among constitutional scholars, Eastman believes the 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that ‘[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof’ are citizens. Just because one is born in the United States, these contrarians argue,  doesn’t mean that individual has ‘subjected’ himself ‘to the jurisdiction’ of the United States. Under this theory,  the children of tourists, diplomats, and illegal aliens are not “natural born” citizens.

What an interesting theory! And, like so many things academics and scholars put into print to gain fame, notoriety, and publishing deals, it is one that is completely pointless at this time in history. Eastman’s theory has not been adopted by the United States or used to determine citizenship, so the current interpretation that if you are born here, you’re a “natural born” citizen, is the law by tradition and practice. Nevertheless, conservative media is having a ball with this foolishness. “Kamala Harris was an Anchor Baby” says a headline I saw today. So WHAT??? There is so much wrong with Kamala Harris, and she is such an awful candidate for so many other reasons, why is anyone focusing on a dead letter technicality?

There is nothing wrong with a scholar claiming that we’ve been doing it wrong all this time, but there is a lot wrong with making that argument in the middle of a Presidential campaign. I get it: the presence of Harris on the Democratic ticket makes an arcane legal theory suddenly newsworthy,  Chapman, however, is chasing personal fame at the cost of promoting needless distrust and uncertainty into a national election, as if we didn’t have too much of both already. Continue reading

Morning Ethics Warm-Up, 8/13/2020: Kamala Harris Selection Hangover Edition [UPDATED]

Hi!

In the 1945 drama “The Lost Weekend,” Ray Milland (above) played alcoholic Don Birnam, and won  the Oscar for Best Actor. The film also won the Oscar for Best Picture. Have you ever seen it? The film is virtually never shown on TV. Milland is another one of the once major Hollywood stars who are almost completely forgotten today, a fascinating group that includes Claire Trevor, Fredric March, Irene Dunne, John Garfield, and Norma Shearer, among others. If their major works were in black and white, they weren’t lucky enough to star in a film regarded as a classic, and they didn’t have a popular TV show when their movie career waned, the culture just forgets about them….and loses as a result. How many non-film nerd Americans under the age of 40 could recognize any of those actors, never mind all of them?

1. Nothing to see here: move along! Yesterday it was reported that the Democratic Party purchased the Antifa.com domain, and that clicks on the link went directly to the Biden campaign site. I checked: it did. Then, by 5:30 pm, the Biden redirect was eliminated. Res ipsa loquitur!

UPDATE: I’m putting an official question mark on this one. It is true that the Antifa.com went to Biden’s site, but that could have been a partisan dirty trick.  Of course, if true, this is the kind of story that the mainstream media would bury. If it was a set-up, it’s the kind of story the right-leaning media would credulously report as proof of Democratic de facto embrace of violence.

Trustworthy, objective journalists would be nice…

2. The vise tightens...Yesterday I noted that colleges and universities were increasingly cancelling their acceptances of students based on revelations of their past social media posts. In one case, Liberty Woodley, 17, the 2020 valedictorian of her high school class in Cape Coral, Florida., had accepted an offer to attend the University of Florida. Then a self-righteous and vicious  actress and “influencer” named Skai Jackson last month asked her more than 500,000 Twitter followers to send her screenshots of  “hateful” social media posts, so she could wrck lives and inflict pain on strangers. Someone sent in one of Woodley’s old Instagram posts in which she wrote when she was 16.

“I really try so hard not to be a racist person, but I most definitely am, there’s no denying it,” it said. Based on that, her acceptance was revoked.

 In an interview with The Gainesville Sun,  Liberty explained that had written the post out of anger at a time when she was being constantly bullied by some black classmates. “I am not racist at all, and I am not full of hate,” she said.  Well, there’s a Catch-22 for you! Oprah Winfrey and others are haranguing whites to admit their inherent racism as a first step to addressing “systemic racism,” but if they do what is asked, it means they are hateful and must be cancelled.

What do you want to bet that Liberty will vote for all Democrats in November? Continue reading

Ethics Quote Of The Week: Ann Althouse

“I saw in a tweet that [Biden] was forefronting the Charlottesville “fine people” hoax… despicable. They have chosen quite deliberately to commit to a lie that is intended to make black people feel hated and they are doing it for political gain… I blogged in April 2019, “If Biden does not come forward and retract [a video relying on the Charlottesville hoax] and apologize and commit himself to making amends, I consider him disqualified. He does not have the character or brain power to be President.” Now, more than a year later, Biden has done the opposite. He’s doubled down on the lie and he’s making it the centerpiece of his campaign!”

—-Retired law professor/blogger Ann Althouse this morning, reacting to “Joe Biden and Kamala Harris Speech Transcript August 12: First Campaign Event as Running Mates.” 

Here’s the tweet:

Ann could be best described as an  old school  moderate Democrat, which in today’s environment means she is a conservative, a racist, and a traitor. She is shocked—shocked!—that the Democratic nominee for President would advance a false narrative based on Big Lie #3, arguably the foundational lie of the “resistance” that has been repeated by activists, pundits, reporters and Democratic leaders and elected officials for nearly four years. That Big Lie is “Trump Is A Racist/White Supremacist.”

The Charlottesville canard has become the go-to “proof” of the President’s racism by the Trump Deranged, either through ignorance (from believing the news media) or malice. To refresh your memory (and give you a quick reference to cut and paste into social media posts to shake on your “friends'” cyber-faces, here is the relevant section from the “Big Lies” compendium: Continue reading

Censorship, Indoctrination And Intimidation Watch, Part I [Corrected]

Not my meme, but it fits!

Constitutional Law Professor Jonathan Turley has been on what for him qualifies as a rampage lately, condemning efforts from the Left  to intimidate and punish anyone who isn’t in lockstep with its current agenda. Those nay-sayers are  racists and hate-mongers, you see.

Turley is always labeled a “liberal professor” by the conservative media, and once that would have been an accurate description. He, however, has remained true to his ideals while his party (he is, or was, a Democrat) and its allies moved sharply in the direction of leftist totalitarianism. Dissent on the Left or opposing the Left is no longer countenanced in most universities, in news organizations,  even in business and non-profit organizations. When Turley made legal mincemeat out of the Democratic argument for impeachment, students at American University tried to get him fired.

Turley believes in academic freedom to the extreme, as well as the First Amendment, of course, and he is properly alarmed to see professors (and others) facing institutional hostility or worse because of non-conforming views. I’ll discuss some of his recent targets in Part 2.

He  hasn’t covered this story so far. Continue reading

Rainy Day Ethics Warm-Up, 8/12/2020: More Ethics Thoughts On Kamala Harris [UPDATED!]

I always thought Glenn Yarbrough was the B version of Gene Pitney, who was better. Did you know that Gene Pitney wrote “Hello, Mary Lou (Goodby Heart)” and “He’s a Rebel”? He’s a singer we don’t usually think of as a songwriter, but like the great Bobby Darin, he was a prolific and a successful one who is in the American Songwriters Hall of Fame. Unlike Darin, however, Pitney didn’t record his own songs, saying in one interview that as odd as it sounds, his best songs were not ideal for his own voice and style.

The melody of “Baby the Rain Must Fall” was the creation of Elmer Bernstein, the acclaimed composer of so many classic film scores, like “The Magnificent Seven” and “The Great Escape.”

And thus endeth the pop culture sermon for the day….

More on the scary-horrible Kamala Harris…

1. Well that didn’t take long! Already the narrative is starting that criticism of Kamala Harris is based on racism and sexism, and not her dreadful personality, sketchy past, and career baggage.  Wholly predictable, and designed to keep the public just getting to know Harris from really learning about her by stifling critics. Journalists, of course, can be counted on to stifle themselves when a Democrat has a problematical record.

2. More spin...Dumped “Meet the Press” host David Gregory actually went on the air this morning to say Harris was “the safe choice.” Biden had no safe choices once he was trapped into naming a check-box candidate.  What Gregory meant, I assume, was that she was the least risky in a slate of horrible options. That is true.

3. “How deep is the ocean? How high is the sky?“…I neglected, in last night’s post, to recall this example of Harris’ hypocrisy, from April 2019, when Harris was widely regarded as a frontrunner for the Presidential nomination:

Sen. Kamala Harris (D-Calif.) said Tuesday that she believes women who say they felt uncomfortable after receiving unwanted touching from former Vice President Joe Biden.

“I believe them and I respect them being able to tell their story and having the courage to do it,” Harris said at a presidential campaign event in Nevada.

 

Then, after Harris’s run for the White House flopped and she began stalking the Vice-Presidency, Harris supported Biden and dismissed the accusations of Tara Reade, though she had savaged Brett Kavanaugh based on Dr. Christine Blasey Ford’s far more dubious accusations. I can’t wait to hear how feminists explain that one.

I wonder: Who has the greater integrity vacuum, Elizabeth Warren or Kamala Harris?

Luckily for Harris, if you are “of color,” you can’t be a  hypocrite, or at least no white critic can point out you’re one. Those are the rules… Continue reading