Ethics Train Wrecks

Weekend Ethics Update, 10/4/2020

/ Jack Marshall / 152 Comments

Weekend Update

1. I’m not going to dignify all of the online cheering of President Trump’s positive test for the Wuhan virus with quotes from celebrities and social media creatures, though I have them. There have been similar reactions to the fact that Kellyanne Conway recently tested positive as well. A reputable poll—assuming that any are reputable polls—found that 40% of Democrats surveyed were “happy” the President was sick. I have never been happy that anyone was sick in all my years on this planet. This is a mean, vicious, ethically warped group of people that are behind Joe Biden in this election, and one more factor pushing me to a tipping point. (No, I’m not there yet.) But I really do wonder how decent people can make common cause with hateful individuals like this.

For what it’s worth, my perspective is that if the President plays this right, the bout with the virus will help him in November.

I agreed with his decision to largely eschew masks in public appearances, just as FDR kept his wheelchair mostly hidden from public  view and like George Washington riding into battle in full uniform, gleaming white wig, ring a tall white charger. That’s part of leadership: looking strong while also being strong. The President got sick while doing his job. Joe Biden has been hiding in the basement, taking half-days and yesterday gave a speech while wearing a mask. He looks weak, and is weak. There has never been anything especially leader-like about Biden, and most of his support is based on blind, irrational hatred of his opponent fanned into dangerous intensity by the news media and the Angry Left. I think Donald Trump may have been the only President elected more out of dislike of the opposition than genuine support of the winning candidate, and I’m not even certain of that. The candidate perceived as the strongest leader almost always wins.

2. Nah, the First Amendment isn’t in any danger from progressives! Don’t be silly! In June, the president of Miami University appointed a task force of faculty, students and staff to develop recommendations on improving the school’s “diversity, equity and inclusion.” Tellingly, no lawyers or civil libertarians make the membership list.

Now the task force has produced its recommendations, and a more confounding mass of Authentic Frontier Gibberish it would be hard to find. ( “As an Ohio public university, Miami may serve the greater community by expanding IGD pedagogy and praxis to alums and the business community”… “Create internal and external diversity marketing plans to promote literacy around intergroup dialogue and allyship across diverse social identities with sensitivity to Miami’s status as a predominantly white institution…”)  Naturally, re-education and indoctrination are among the 43 recommendations: “Make IGD mandatory for all undergraduate students, beginning with first year students, by requiring incoming first-year students to take a 1-credit IGD course (equivalent to the CAWC’s Intro to Voices program) following UNV 101 (or similar discipline-designated courses; e.g., CHM 147). Thereafter, provide other academic and co-curricular IGD opportunities for further development.” Then there’s this:

Continue reading →

Oh, Look! More Baseball Ethics Dunces! This Time, It’s the Baseball Writers’ Association of America

/ Jack Marshall / 16 Comments

mlb-mvp

Yesterday, the Baseball Writers’ Association of America (BBWAA) announced that group will remove the name of Kenesaw Mountain Landis from the American League and National League Most Valuable Player plaques presented each year to the MVP winners.. Landis has been honored with having the plaques bear his name since 1944, the year of his death. He didn’t do much: he only probably saved the National Pastime at its darkest hour.

It was Landis, a famously tough and uncorruptible federal judge, whom the baseball owners turned to in 1920 in the midst of the Black Sox scandal. The scandal involving the Chicago White Sox throwing the World Series in 1919 under the influence of bribes from gamblers to some key players, including star Shoeless Joe Jackson. Even though the eight accused players were acquitted in their trial, Landis, who remained a judge for two years while serving as Commissioner, banned them all from baseball, laying down a rule that participating in efforts to corrupt the game through gambling or having knowledge of other players doing so and not acting to stop it were grounds for permanent exile. Eighteen players in all, like the infamous Hal Chase, were banned by Landis, who remained commissioner for the rest of his life.

Landis had a memorable career as a judge before coming to baseball’s rescue: in 1907, he thrilled the man who appointed him, Teddy Roosevelt when he fined Standard Oil of Indiana more than $29 million (about $800 million in 2020) for violating federal laws forbidding rebates on railroad freight tariffs.

Why, then, is Landis suddenly the victim of metaphorical statue-toppling? That was a clue: in the wake of the George Floyd Freakout and The Great Stupid, the baseball writers, which are thoroughly infested with self-righteous and semi-ignorant would-be social justice warriors like this guy, blame Landis for not “doing more” to desegregate baseball before Jackie Robinson and Branch Rickey finally did the trick, three years after Landis died. In other words, he’s being punished for not seeing clearly what everyone sees almost 80 years later, and not actively fighting for a cause that neither baseball nor American society may have been ready for.

Continue reading →

The Great Ethics Train Wreck Of 1910

/ Jack Marshall / 9 Comments

On this date, October 1, 110 years ago,  a massive explosion destroyed the Los Angeles Times building in the city’s downtown area, killing 21 employees and injuring many more. This obviously unethical act—though in the over-heated labor environment of the times, union activists would secretly defend it—set off a series of events in one of the great ethics train wrecks in U.S. history.

The explosion was a message to Los Angeles Times publisher Harrison Otis, a powerful opponent of the burgeoning labor movement in general and unions in particular. Determined to exploit the tragedy to turn public opinion against organized labor, he hired the nation’s most famous private detective, William J. Burns, to crack the case while his paper supplied an avalanche of anti-labor editorials and slanted news stories.  Otis, the leader of the Merchants and Manufacturing Association, a powerful group of business owners with extensive political connections, seemed less interested in justice for the dead than a decisive knock-out of the union movement itself.

Burns’ investigation led to the Bridge and Structural Iron Workers Union and their treasurer, John J. McNamara. Burns got a confession out of  a sketchy character named Ortie McManigal who had allegedly been the intermediary between McNamara and two bomb experts, and personally arrested John McNamara and his brother James in Indiana. Then Burns supervised the kidnapping and transportation of the brothers to California, where they could be prosecuted.

Convinced that the the McNamara brothers were being framed—some labor supporters even suspected that Otis had bombed his own building—Samuel Gompers and Eugene V. Debs pressured Clarence Darrow, then the premier labor lawyer in the U.S.,  to take on the McNamaras’ defense. Darrow had been ill and seeking to retire, but a recent stock market crash had left him broke as well. He agreed to take the case for the then unprecedented sum of $50,000 (about $1,368,000 today). The unions literally had children collecting nickels and pennies to build the defense fund.

The unions were Darrow’s clients under the existing legal ethics rules, but the brothers were also his clients, and their lives were at stake. This became a serious conflict when Darrow learned, within minutes of meeting with the McNamaras, that they were guilty.

Gompers had told him that the brothers had to be acquitted or the entire labor movement might be destroyed forever. The clients paying his fee, therefore, demanded a plea of “not guilty.” Darrow, however, became convinced that only a guilty plea would save the brothers from execution. Meanwhile, he knew that there was no way the McNamaras could get a fair trial. The Times was poisoning the jury pool daily. The prosecution was engaging in outrageous tactics, like bugging Darrow’s offices in L.A. They even had Darrow followed, and got incriminating photographs of the lawyer leaving the apartment of his long-time, off-and-on mistress, a female journalist covering the trial. Then they used the photos to try to force Darrow to withdraw from the case, threatening to show them to his wife, Ruby.

“Go ahead,” he said. “She knows all about Mary.” Darrow’s hands were hardly clean either: his agents had located the supply of dynamite in Indiana that the fatal charge had been taken from, and he hired a lawyer to hide the evidence in a safe. Continue reading →

Ethics Quote Of The Week: Paul Mirengoff

/ Jack Marshall / 10 Comments

“Conservative America is disgusted with the NBA, and therefore is tuning it out. We’re disgusted ….with the embrace of the radical BLM movement by the league and its players….My problem was what was allowed, indeed encouraged, during the games. I will not watch any sports event during which the preaching of politics or ideology occurs. I guess I’m not alone.”

—Conservative lawyer and blogger Paul Mirengoff on the Powerline blog, discussing the huge fall-off in TV ratings for the current NBA play-offs.

Mirengoff is wrong to attribute this reaction only to conservatives, however. I have spoken with many sports fans who would not fit that description who are equally disgusted with the professional sports leagues. All of the leagues made a foolish assumption that by embracing the views of many progressive activists, they would at least hold on to the allegiance of  fans who agreed with those positions. ESPN and many sportswriters have made the same mistake., and it’s a stupid one. If I go out to dinner and the service staff bombard me with their political views during the evening, it doesn’t matter if I agree with what they say: I didn’t come to the restaurant to listen to political diatribes.

If you’re wondering about the ellipses, I left out a reference to the NBA’s addiction to China’s money, leading the league to ignore the despicable human rights record and political oppression in that country. That is a conservative complaint, and a valid one, but I doubt it affects NBA play-off ratings one tick.

I haven’t finished my letter to the Boston Red Sox, but I write it as I completely ignore the baseball play-offs as I will through the World Series. I want to make sure the team realizes that if its ugly promotion of Black Lives Matter could alienate me, it is in big trouble in the community. The players need to understand that as well, but it was up to management to tell employees to do what they were paid for, and not use their celebrity to make incompetent and divisive political statements. Continue reading →

Sunset Ethics, 9/30/2020: Conflicts Of Interest, Sexual Harassment, Movies And Lies

/ Jack Marshall / 14 Comments

1. Conflicts of interest on my mind. I narrowly averted a disastrous conflict of interest yesterday out of pure moral luck, so the topic is much on my mind; I’m still distracted by the near miss. Professionally, it was the equivalent of almost being picked off by a bus.

NPR Legal Affairs Correspondent Nina Totenberg reacted to the death of Justice Ginsburg with an essay on her 48-year friendship with RBG, saluting Ginsburg’s “extraordinary character.” That’s funny: Totenberg never told NPR’s listeners, nor did  NPR, that she had a personal relationship with the Justice, despite being charged with covering the Court and critiquing its decisions.  Kelly McBride, NPR’s public editor and senior vice president of the Poynter Institute, threw a metaphorical ethics foul flag,

“In failing to be transparent about Totenberg’s relationship with Ginsburg over the years, NPR missed two opportunities,”she wrote on the NPR website. “First, NPR leaders could have shared the conversations they were having and the precautions they were taking to preserve the newsroom’s independent judgment,” McBride said. “Second, having those conversations in front of the public would have sharpened NPR’s acuity in managing other personal conflicts of interest among its journalists.”

Ginsburg, who officiated at Totenberg’s wedding in 2000. Nonetheless, the correspondent,  who wears her progressive bias on her sleeve as it is, denied that the conflict compromised to her journalism, telling  the Washington Post that NPR’s listeners benefited from ther friendship because it gave her greater insight into and Ginsburg’s  thinking.

And that justifies keeping the relationship secret from listeners how, Nina?

2. From the “When ethics alarms don’t work” files: Lawyer Phillip Malouff Jr. of La Junta, Colorado, was censured for a series of episodes of unprofessional behavior and sexual harassment.

In November 2016, Malouff  winked at a magistrate judge and said, “When you get back from your vacation, I better be able to see your tan lines.” When he visiting the same magistrate’s chambers to discuss scheduling matters, he  said, according to the female judge,: “Ask your husband a question for me when you get home tonight. Ask him what it’s like to have relations with someone who wears the robe. It has always been something I’ve wanted to do, but there have never been any women judges until now.”

Malouff  was informed that his comments were unprofessional and a violation of the Colorado Judicial Department’s anti-harassment policy. Ya think?

In July 2019, Malouff asked a judicial assistant to check whether the mother in a parental rights hearing had an outstanding warrant. When the assistant replied, “She is good.” Malouff  responded, “Her husband told me that she is good.”

Wink wink, nudge nudge. Continue reading →

Pre-Debate Ethics Distraction, 9/29/2020: Prediction: Whatever Happens, I’m Going To Hate It, And The News Media Will Lie About It.

/ Jack Marshall / 31 Comments

The question for the ages: Was this the most unethical pair in a Presidential debate before tonight?

1. Well this seems ominous. This morning the Trump campaign requested  that a third party inspect both candidates for electronic devices or transmitters. President Trump had already consented to such an inspection, and the Biden campaign had reportedly agreed to this days ago. The New York Post reported a few hours ago that the Biden camp refused the condition.

What’s going on here? I can only assume that it’s gamesmanship. Biden would be beyond demented to try to cheat in a broadcast debate.

2. Here are results of the FIRE’s college free speech rankings survey, as determined by students. My alma mater ranked #46 out of the 56 schools ranked; no surprise there. The school I worked for as an administrator after getting my law degree there is two slots worse.

3. Prediction: It will not end well for poor David Hogg. I foresee a tragic opera in his future. Too young for the prominence he was thrust into as a survivor of the Parkland shooting, cynically exploited by the news media and activists who did not care about him, he is now condemned to have no support from any quarter. His best course would be to quietly leave the public gaze forever, and fight off the addiction of fame. It’s not easy. Continue reading →

Monday Ethics Lockdown, 9/28/2020: Wait, CNN Reporters Are Challenging Democrats Now?

/ Jack Marshall / 15 Comments

I locked it down so securely that it took until Tuesday to open it…

1. Does the Democratic Party’s 2020 ticket constitute the most irresponsible nominations for President and Vice-President in U.S. history? I think a strong case can be made that it is. The patriotic duty of a political party is to give the American people the best possible choices of competent and trustworthy leaders to cast their votes for. In 2020, the nominee for President is mentally declining into incompetence, and the nominee for Vice-President appears to have no genuine objectives other than her own voracious ambition, and will say anything to achieve that. Recent evidence:

  • It was missed at the time, and the 77-year-old Biden had more marbles left then, but during a town hall event last October before the South Carolina Democratic primary, video shows Biden claiming, “I got started out of a HBCU, Delaware State,” he told pupils at Wilson High School in Florence, founded in 1866 by the Freedmen’s Bureau for black children seeking an education. Delaware State is a traditional black college. Yesterday, Delaware State University confirmed  that Joe Biden was never a student there.

Did Joe really misremember where he went to college? Does he think he’s black? Was he lying? Who knows?

  • Kamala Harris appeared at the virtual NAACP convention last week, and, CNN commentator Angela Rye asked Harris who was the best rapper alive. “Tupac!” she answered.

Tupac Shakur has been dead since 1996. Harris, as is her habit, tried to giggle the gaffe away, and then was given another chance. “There’s so many, you know?” she huminahumina-ed. “There’s some I would not mention right now because they should stay in their lane.”

Sure. You know, I have never listened to a rap station or to a single rap song all the way through,  and I can name at least six. Heck, just add almost any adjective to “Ice” and you’ll probably name one by accident. And I’m not even sort-of black.

It’s not that Harris is faking it all the time, it’s that she’s not smart enough to do a convincing job faking it.

2. Wait, another CNN reporter refuses to let a Democrat get away with spouting nonsense? Continue reading →

The Amy Coney Barrett Hysteria, PART I

/ Jack Marshall / 15 Comments

We knew that whenever it was that Ruth Bader Ginsburg had to be replaced (and those of us who have not completely forgotten the immutable rules of mortaliy were not shocked when this occurred sooner rather than later) we knew that the Left would freak OUT. That they—by “they” I mean Democrats, “the resistance,” the Trump Deranged, pro-abortion fanatics, feminist ideologues and the substantial segment of social media that can be counted upon to react like the cattle in “City Slickers” when Billy Crystal turns in his battery-powered coffee grinder—would freak out quite this embarrassingly, however, I did not foresee.

This is only because I am an idiot, of course. The way the left has reacted and is reacting to Donald Trump’s election should have prepared me. Surely the despicable way they treated Brett Kavanaugh should have prepared me. It’s just that I find it hard—maybe I should say “painful”— to believe that one whole side of the political spectrum is capable of it all.

Need I mention that metaphorically running around screaming nonsense with one’s hair on fire is unethical? It is irresponsible citizenship, it is neither competent nor prudent, and it upsets the less-intelligent members of the herd, and it is wildly unfair to Judge Barrett.

Let’s just stick with that proposition, and concentrate primarily on examples that are res ipsa loquitur, meaning in this case that if you have to be told why some things are nuts, then you’re nuts too.

  • Senator Gillibrand’s tweet:

The fact that this outrageous statement is not out of character for the Junior Senator from New York doesn’t make it any more tolerable. The statement itself is another iteration of The Big Lie. Of course Barrett is qualified for the Court. Her former colleagues say so, the ABA says so, and and the current membership of the Court itself says so, since there are more than one Justice whose qualifications upon being confirmed were considerably less impressive.

Gillibrand represents the dangerous brand of anti-democratic thought her party is now peddling, albeit more openly and flagrantly than most of her compatriots, who are smarter than she is. That false principle is that only those who bow to Leftist cant are “qualified” to have any influence, legitimacy or power at all. Continue reading →

It Shouldn’t Require A “Theocracy” to Decide THIS Lawsuit Correctly

/ Jack Marshall / 12 Comments

The Capitol Hill Baptist Church in the District of Columbia, is suing Mayor Muriel Bowser and the District government for violating its First Amendment right to worship.

Good.

“CHBC desires to gather for a physical, corporate gathering of believers in the District of Columbia on Sunday, September 27, 2020, and on subsequent Sundays, and would do so but for those actions of the Defendants that are the subject of this Complaint,” the lawsuit charges. It seems pretty clear that Bowser is applying one set of rules against religious institutions and another set of piorities entirely when it comes to activities she cares about. In March, Bowser (Is she the most unethical big city mayor in the U.S.? She’s certainly in the running, but it’s a tough field) issued an executive order prohibiting churches from meeting indoors or out because of public health concerns related to the pandemic. D.C.’s  four-stage plan would bar in-person worship gatherings until there is an “effective cure or vaccine” for the Wuhan virus, a rule that can be counted on to wound, perhaps mortally, church communities that have been built up over many decades. Right now gatherings are supposedly limited to 100 people or up to 50 percent of the building’s capacity, whichever is fewer. The 850-member Capitol Hill Baptist Church  has been meeting in a field in Virginia.

The 142-year-old congregation explains in its suit that “a weekly in-person worship gathering of the entire congregation is a religious conviction for which there is no substitute. The Church does not offer virtual worship services, it does not utilize a multi-site model, and it does not offer multiple Sunday morning worship services.”

The church’s covenant, to which all members must agree, pledges that they “will not forsake the assembling of [them]selves together,” as decreed in the Bible.  The church’s website explains,

“Since its founding in 1878, CHBC has met in-person every Sunday except for three weeks during the Spanish Flu in 1918. That changed following Mayor Bowser’s first orders concerning COVID-19 on March 11, 2020. Since that time, the members of CHBC—most of whom live in the District—have been unable to meet in person, as one congregation inside District limits (even outdoors)….CHBC has applied for multiple waivers to the policy. District officials refuse to provide CHBC with a waiver beyond 100 persons as part of a mass gathering…A church is not a building that can be opened and closed. A church is not an event to be watched. A church is a community that gathers regularly and that community should be treated fairly by the District government.”

Fairly? On June 10, the church asked for a waiver so the congregation could meet at currently abandoned RFK Stadium, which is large enough to permit social distancing. The mayor’s office didn’t respond to the request and subsequent appeals until September 15, and then issued a rejection stating that “[w]aivers for places of worship above that expanded capacity (100 attendees) are not being granted at this time.” Continue reading →

Saturday Ethics Warm-Up, 9/26/2020: Having Flashbacks To When Saturdays Were Fun

/ Jack Marshall / 31 Comments

That’s the late, great, Vito Scotti as “Pasta.” He played Italians in drama, comedies, stage plays, movies and TV shows, but he also played Mexicans and other ethicities  when required.  Was he in “The Godfather”? Of course he was. “Columbo”? Sure. Did he drop in on “Gilligan’s Island,” “I Love Lucy,” and “The Addams Family.” Absolutely. He was on “Batman” twice as one of The Penguin’s henchmen.

And he really was a professional caliber chef. “Andy’s Gang,” meanwhile, was completely chaotic, just as kids like it. No educational value, no political indoctrination, just lots of running jokes and nonsense.

Sublime.

I had a rubber “Froggie the Gremlin” bath toy. “Twang your magic twanger” was a catch phrase for years after “Andy’s Gang” went of the air.

1. Professional incompetence. One almost certain casualty of the lock-down will be live theater, in part because the people who run it, on average, just aren’t very smart. I have been reading about how New York theaters are or will be streaming plays. Morons.

Theater that isn’t shown in a  theater with people sharing the experience isn’t theater, it’s crude TV. The problem has always been to get people into a  theater to experience what is so dynamic and unique about a live performance. If the theater community promotes video versions of theatrical performances as a viable substitute, and that’s exactly what it’s doing, they have surrendered.

Well, at least we’ve probably seen the end of $500 Broadway tickets.

2. Maybe they’ll appreciate Citizens United now. Showtime is featuring an anti-Trump screed disguised as a movie called “The Comey Rule.” I wonder if those who, like all the Democratic candidates for President during the primaries that played to the crowd by promising to get the Citizens United case reversed (as if they could), understand its significance. They condemned the SCOTUS ruling upholding the First Amendment, and  Showtime’s bit of campaign agitprop is exactly what the overturned campaign contribution law would have allowed the government to ban.

Since the film at the center of the original case, however, was a conservative attack on Hilary Clinton, Democrats were (are?) all for censorship. Continue reading →