Ethics Train Wrecks

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 →

Responsibility For The January 6 Capitol Riot, Part I

/ Jack Marshall / 48 Comments

It is certainly appropriate to analyze and carefully consider the context and causes of the January 6 riot. Doing so, however, does not require the extended hyping, spin and deceit that we have been subjected to by Democrats, Trump-o-phobics and the news media for a full year, culminating in a contrived “anniversary” today. Over the past year, we have heard absurd comparisons of the one day riot to the bombings of September 11, 2001, Pearl Harbor, and maybe Darth Vader’s destruction of Alderaan—I don’t know, I didn’t read every hysterical screed on the topic.

Today’s retrospective overkill in the New York Times, for example, occupies four full pages in the A Section, with seven of the 24 containing at least one riot-related article. Pearl Harbor brought the U.S. into World War II, crippled the Pacific fleet and cost almost 3000 lives. 9/11 ushered in a new era of struggles against Muslim terrorists, also took 3000 lives, and profoundly affected the economy, privacy, civil liberties and politics. And January 6? It provided Democrats with a useful narrative to use to try to neutralize Donald Trump, and opened a new door to criminalizing the Right. The riot never threatened to overturn the election results at any point. It never even delayed the Congressional certification of those results, nor could it.

The motivation behind this orgy of narrative framing is clear: Democrats, progressives and the media are terrified that they are headed for an epic (and oh-so-richly deserved) wipe-out in the 2022 mid-term elections, and the only weapons they appear to have in their arsenal are fear-centered: fear of the end of “democracy” (meaning Democratic Party rule), fear of Trump, and fear of “the deplorables,” with fear of climate change thrown in for variety. It is a massive, shameless, relentless, desperate propaganda effort, divisive, dishonest, thoroughly despicable, and, of course, unethical.

Nonetheless, it would be helpful to examine the reasons the January 6 riot occurred, and I find it incredible that I haven’t seen a single balanced and ethically objective analysis anywhere. Typical of what I have seen is yesterday’s op-ed by The New republic’s contributing editor Osita Nwanvetu. The Times headlined it using a rare form of dishonesty, advancing a lie by denying the lie: “Trump Isn’t The Only One To Blame.” Trump certainly shares a large portion of responsibility for the riot, but since he neither led the mob to the Capitol nor participated in the riot himself, he obviously wasn’t the “only one to blame.” But the politicians and “journalists” who are terrified of him have worked tirelessly to embed that false impression.

Who and what are “to blame” for the ugly events of a year ago? Who isn’t at fault? Here is the Ethics Alarms list. If you know of another equally non-partisan and unbiased analysis, please let me know. I haven’t seen it.

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Dusky Ethics, 1/5/2022: Of Capitol Punishment And Other Things

/ Jack Marshall / 14 Comments

Yesterday was the anniversary of one of The Boston Strangler’s more audacious murders: Albert DeSalvo (right, above) raped and strangled Mary Sullivan in her Boston apartment, then left a card reading “Happy New Year” leaning against her foot. She was the 13th and last victim of the maniac who terrified the Boston area between 1962 and 1964. I had a near meeting with DeSalvo: in 1964, he knocked on the door of my family’s neighbors, the Morelands, one afternoon. I saw him; of course, I didn’t know who he was or why he was there. It turned out that he had the wrong address, and went to the street parallel to ours in Arlington, Mass. and murdered the woman who lived at the same house number.

DeSalvo was a serial maniac. In the late 1950s, he knocked on the doors of young women’s apartments, claiming to represent a modeling agency and telling them he needed to take their measurements. Then he fondled the women as he used his tape measure. Police called him “Measuring Man.” Next he broke into hundreds of apartments in New England, tying up the women and sexually assaulting them. He always wore green handyman clothes and became known as the “Green Man.” But “The Boston Strangler” was the name that stuck. DeSalvo avoided execution or even the full life sentence F. Lee Bailey negotiated for him. He was stabbed to death by an  inmate at Walpole State Prison after less  than a decade behind bars.

Richard Ramirez, aka.”The Night Stalker,” was, amazingly, worse than DeSalvo; last night I watched a documentary about his reign of terror in the ’80s. A Satanist, Ramirez murdered at least 15 people, committed burglaries and rapes, and sexually molested children. He remained defiant throughout his trial, and though he was sentenced to death, California’s endless appeals system kept him alive, at great taxpayer expense, long enough to perish of cancer after less than twenty years in prison.

Both DeSalvo and Ramirez are excellent examples of the kind of anti-social predators who warrant society having and using a death penalty to establish the ultimate punishment for those who have unequivocally forfeited their right to exist in civilized society. For people like them, capitol punishment is ethical. Allowing them to live on society’s dime is unethical, as well as unjust.

1. To lighten the mood, consider this public service spot by Hawaii’s Department of Health. “Keiki” is Hawaiian for “child.”

Yes, this is the level of awareness so many of our state bureaucracies exhibit. The thing was actually greenlighted. After it had been viewed many times, the video was pulled. “As soon as I saw it this morning, I thought, ‘Hey guys, let’s pull this,’ ” Brooks Baehr of Hawaii’s DOH told reporters. “The intentions were noble, but it was clearly not our best work.”

Boy, I hope it wasn’t their best work. With thinking like this going on in our health departments, no wonder the pandemic is still with us. Continue reading →